Statutory Instrument 2001 No. 2568

The Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001

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© Crown Copyright 2001

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was so made or issued shall be conclusive evidence of that fact.

    (5) The Documentary Evidence Act 1868[2] shall apply in relation to the Secretary of State for Transport, Local Government and the Regions - 

(a) as if references to orders and regulations included references to any document, and

(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

Incorporation of the Secretary of State for Environment, Food and Rural Affairs
     4.  - (1) The person who at the coming into force of this Order is the Secretary of State for Environment, Food and Rural Affairs and any successors to that person shall be, by that name, a corporation sole.

    (2) The corporate seal of the Secretary of State for Environment, Food and Rural Affairs shall - 

(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b) be officially and judicially noticed.

    (3) Every document purporting to be an instrument made or issued by the Secretary of State for Environment, Food and Rural Affairs and to be - 

(a) sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.

    (4) A certificate signed by the Secretary of State for Environment, Food and Rural Affairs that any instrument purporting to be made or issued by - 

(a) the Secretary of State for Environment, Food and Rural Affairs,

(b) the Secretary of State for the Environment, Transport and the Regions, or

(c) the Secretary of State for the Environment,

was so made or issued shall be conclusive evidence of that fact.

    (5) The Documentary Evidence Act 1868[3] shall apply in relation to the Secretary of State for Environment, Food and Rural Affairs - 

(a) as if references to orders and regulations included references to any document, and

(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

Transfer of functions from or to the Secretary of State

Transfer of certain functions of the Secretary of State
     5. The functions of the Secretary of State under section 29(4) of and paragraph 2 of Schedule 3 to the Channel Tunnel Rail Link Act 1996[4] are hereby transferred to the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs, acting jointly.

Transfer of functions to Secretary of State
     6.  - (1) The function of the Secretary of State for the Environment, Transport and the Regions under section 7(6) of the Road Traffic Regulation Act 1984[5] is hereby transferred to the Secretary of State.

    (2) The function of the Secretary of State for the Environment, Transport and the Regions under section 35(3)(a) of the Land Drainage Act 1991[6] is hereby transferred to the Secretary of State.

Transfers to Secretary of State for Environment, Food and Rural Affairs: supplementary
     12.  - (1) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which article 11 applies.

    (2) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with - 

(a) a function to which article 11 applies, or

(b) anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

    (3) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for the Environment, Transport and the Regions may, so far as it relates to - 

(a) a function to which article 11 applies, or

(b) anything transferred by that article,

be continued by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

    (4) So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Environment, Food and Rural Affairs of a function to which article 11 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if - 

(a) any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Environment, Food and Rural Affairs,

(b) any reference to the Department of the Environment, Transport and the Regions were a reference to the Department for Environment, Food and Rural Affairs, and

(c) any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Environment, Food and Rural Affairs.

The references to which this paragraph applies include any reference which is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to any officer of his.

    (5) Documents or forms printed for use in connection with a function to which article 11 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

    (6) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Environment, Food and Rural Affairs, to his Department or to an officer of his.

(a) be Secretary of State for the Environment, Transport and the Regions so long as any immovable property outside the United Kingdom remains vested in that Secretary of State,

(b) be Secretary of State for the Environment so long as any such property remains vested in that Secretary of State[7],

(c) be Minister of Public Building and Works so long as any such property remains vested in that Minister[8], and

(d) be First Commissioner of Works so long as the Commissioners of Works have not been dissolved by Order in Council under the Minister of Works Act 1942[9].

    (2) Section 5(1) to (3) and (5) of the Minister of Works Act 1942 (as set out with adaptations in Schedule 2 to the Secretary of State for the Environment Order 1970[10]) shall continue to apply to the Secretary of State for Transport, Local Government and the Regions as Minister of Public Building and Works.

Consequential amendments
     16. The enactments mentioned in the Schedule to this Order shall have effect with the amendments specified in that Schedule.


A K Galloway
Clerk of the Privy Council

(a) the entry relating to the Department of the Environment, Transport and the Regions is hereby repealed; and

(b) there is inserted at the appropriate place "Department for Transport, Local Government and the Regions."

Transport Act 1968 (c. 73)

     3. In section 137(7)(c) of the Transport Act 1968[13], for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions".

(a) in paragraph 1(4)(g)[28], for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions"; and

(b) in paragraph 3(5)[29], for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions".

Land Drainage Act 1991 (c. 59)

     13. In section 35(3) of the Land Drainage Act 1991[30] - 

(a) for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State"; and

(b) in paragraph (b), for "that Secretary of State" there is substituted "the Secretary of Transport, Local Government and the Regions".

Transport and Works Act 1992 (c. 42)

     14. In section 23(10) of the Transport and Works Act 1992[31], for "the Department of the Environment, Transport and the Regions" (in both places) there is substituted "the Department for Transport, Local Government and the Regions".

(a) in sub-paragraph (2), for "Secretary of State" there is substituted "appropriate Ministers";

(b) in sub-paragraph (3) - 


(i) for "Secretary of State" there is substituted "appropriate Ministers"; and

(ii) for "he is" there is substituted "they are";



(c) in sub-paragraph (4) - 



(i) for "Secretary of State grants" there is substituted "appropriate Ministers grant"; and

(ii) for "he" there is substituted "they";



(d) in sub-paragraph (8) - 



(i) for "Secretary of State" there is substituted "appropriate Ministers"; and

(ii) for "him" there is substituted "them";



(e) in sub-paragraph (9) - 



(i) for "he directs" there is substituted "they direct";

(ii) for "the Secretary of State's functions" there is substituted "the appropriate Ministers' functions"; and

(iii) for "him" (in both places) there is substituted "them"; and



(f) after sub-paragraph (11) there is inserted - 

    " (12) In this paragraph references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions and, in relation to the carrying out of any functions, are to those Ministers acting jointly."

    (5) In paragraph 5(5)(a) of Schedule 7[35], for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions".

    (6) In paragraph 13 of Schedule 14[36], for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions".

    (7) In paragraph 2(4)(a) of Part 2 of Schedule 15[37], for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions".

(a) in paragraph 3(8), for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions"; and

(b) in paragraph 8(4)(b), for "the Secretary of State for the Environment, Transport and the Regions" there is substituted "the Secretary of State for Transport, Local Government and the Regions".

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

     17. In the entry relating to the Water Resources Act 1991 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, for paragraph (d) (functions referring to the Secretary of State for the Environment, Transport and the Regions) there is substituted - 

" (d) any function which is expressly referred to in this Act as a function of the Secretary of State for Transport, Local Government and the Regions."


Regulation of Investigatory Powers Act 2000 (c. 23)

     18. In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 - 

(a) the entry relating to the Department of the Environment, Transport and the Regions is hereby repealed; and

(b) there is inserted at the appropriate place "The Department for Transport, Local Government and the Regions."

[2] 1868 c. 37.back

[3] 1868 c. 37.back

[4] 1996 c. 61.back

[5] 1984 c.27.back

[6] 1991 c. 59.back

[7] By virtue of art.4(3) of the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971.back

[8] By virtue of the Secretary of State for the Environment Order 1970 (S.I. 1970/1681), all property, rights and liabilities of the Minister of Public Building and Works were transferred to the Secretary of State for the Environment except immovable property outside the United Kingdom to which the Minister was entitled and rights and liabilities in relation to that property. Art.2(2) of that Order provides that the person holding office as Secretary of State for the Environment shall be Minister of Public Building and Works so long as any such property remains vested in that Minister.back

[9] 1942 c. 23.back

[10] S.I. 1970/1681.back

[11] s.86(6A) was inserted by the Secretary of State for the Environment Order 1970, S.I. 1970/1681, Sched. 3, para. 20(2); and amended by the Secretary of State for Transport Order 1976 S.I. 1976/1775, Art.6(1), Sched.3, para.6 and the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., para.1.back

[12] Sched. 2 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c. 39), s.1(2), Sched.1.back

[13] s.137(7) was substituted by the Secretary of State for Transport Order 1976, S.I. 1976/1775, Art.6(1), Sched.3, para.8; and amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., para.3.back

[14] s.28 was amended by the Planning (Consequential Provisions) Act 1990 (c.11), s.4, Sched.2, para 25 and the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., para.4.back

[15] s.51(3) was repealed, in part, by the Ministry of Posts and Telecommunications (Dissolution) Order 1974, S.I. 1974/691, art.4(1), Sched.; and amended by the Railways Act 1993 (c. 43), s.66(2) and the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched, para.5.back

[16] s.4(5) was repealed, in part, by the London Regional Transport Act 1984, s.71(3), Sched. 7.back

[17] s.7(6) was amended by the Road Traffic Act 1991 (c. 40), s.81, Sched. 7, para 3 and the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras 6 and 7.back

[18] Sched.5 was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 6 and 8.back

[19] para. 1(2) was repealed, in part, by the Planning (Consequential Provisions) Act 1990 (c. 11), s.3, Sched.1, Pt 1; and amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art. 6(1), Sched., para.9.back

[20] s.228 was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I.1997/2971, Art.6(1), Sched., paras.11 and 12.back

[21] s.245(1) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 11 and 13.back

[22] s.265(1) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 11 and 14.back

[23] para 8(2) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art. 6(1), Sched., paras. 11 and 15.back

[24] para. 7(2) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I.1997/2971, Art.6(1)., Sched., para.16.back

[25] para. 7(2) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971,Art.6(1), Sched., para.17.back

[26] s.21(3)(e) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 18 and 19.back

[27] para. 2(3)(f) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 18 and 20.back

[28] para. 1(4)(g) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras, 18 and 21.back

[29] para. 3(5) was amended by the Environment Act 1995, s.120, Sched.22, para. 128 and the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras, 18 and 21.back

[30] s.35(3)(a) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., para 22.back

[31] s.23(10) was amended by the Transfer of Functions (Energy) Order 1992, S.I. 1992/1314, Art 3(3), Sched., para. 2(b) and the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., para.23.back

[32] s.29(4) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched. paras. 25 and 27.back

[33] s.50(5)(b) was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras 25 and 29.back

[34] para.2 was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 25 and 30.back

[35] para. 5(5) was amended by the Secretary of State for Culture, Media and Sport Order 1997 S.I. 1997/1744, Art 2(2), Sched., para 6 and the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 25 and 33.back

[36] para.13 was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 25 and 34.back

[37] para. 2(4) was substituted by the Secretary of State for the Environment, Transport and the Regions Order 1977, S.I. 1997/2971, Art.6(1), Sched., paras. 25 and 35(c).back

[38] Sched.7 was amended by the Secretary of State for the Environment, Transport and the Regions Order 1997, S.I. 1997/2971, Art.6(1), Sched., paras. 38 and 40.back