(1)    This Order may be cited as the Transfer of Functions (Media and Telecommunications etc) Order 2011.

(2)    This Order comes into force on 13th April 2011.

(1)    In this Order “instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

(2)    For the purposes of this Order, a function is a “former BIS function” so far as—

(a)    it is transferred by article 3, or

(b)    it was entrusted to the Secretary of State for Business, Innovation and Skills immediately before 21st December 2010 and has before the making of this Order been entrusted to the Secretary of State for Culture, Olympics, Media and Sport.

The functions of the Secretary of State for Business, Innovation and Skills under or by virtue of the provisions mentioned in Schedule 1 (functions relating to the operators of electronic communications code networks or to electronic communications apparatus etc) are transferred to the Secretary of State for Culture, Olympics, Media and Sport.

There are transferred to the Secretary of State for Culture, Olympics, Media and Sport all property, rights and liabilities to which the Secretary of State for Business, Innovation and Skills is entitled or subject at the coming into force of this Order in connection with any former BIS function.

(1)    This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Business, Innovation and Skills before the coming into force of this Order.

(2)    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 Business, Innovation and Skills may, so far as it relates to a former BIS function or anything transferred by article 4, be continued by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(3)    Anything done (or having effect as if done) by or in relation to the Secretary of State for Business, Innovation and Skills in connection with a former BIS function or anything transferred by article 4 has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(4)    Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—

(a)    the transfer or entrusting to the Secretary of State for Culture, Olympics, Media and Sport of any former BIS function, or

(b)    the transfer of anything by article 4,

as if references to (and references which are to be read as references to) the Secretary of State for Business, Innovation and Skills were or included references to the Secretary of State for Culture, Olympics, Media and Sport.

(5)    In paragraphs (1) to (4) references to the Secretary of State for Business, Innovation and Skills include references to the department or an officer of that Secretary of State, and references to the Secretary of State for Culture, Olympics, Media and Sport are to be read accordingly.

Schedule 2 has effect.

Judith Simpson

Clerk of the Privy Council

The provisions referred to in article 3 are—

(a)    paragraph 14(7) of Schedule 28 to the Local Government, Planning and Land Act 1980 ;

(b)    paragraph 16(9) of that Schedule;

(c)    section 26(8) of the New Towns Act 1981;

(d)    section 39(7)(b) of that Act;

(e)    paragraph 12(8)(b) of Schedule 10 to the Housing Act 1988;

(f)    paragraph 14(10)(b) of that Schedule;

(g)    section 272(5)(b) and (6)(b) of the Town and Country Planning Act 1990;

(h)    section 273(8)(b) of that Act;

(i)    section 274(6) of that Act;

(j)    paragraph 9(8)(b) of Schedule 6 to the Regional Development Agencies Act 1998;

(k)    paragraph 11(10)(b) of that Schedule;

(l)    paragraph 8(4)(b) of Schedule 4 to the Housing and Regeneration Act 2008;

(m)    paragraph 15(2)(b) of that Schedule;

(n)    paragraph 6(3) of Part 4 of Schedule 17 to the Crossrail Act 2008.

Regional Development Agencies Act 1998 (c 45)

1

In paragraphs 9(8)(b) and 11(10)(b) of Schedule 6 to the Regional Development Agencies Act 1998, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Culture, Olympics, Media and Sport”.

Housing and Regeneration Act 2008 (c 17)

2

In the following provisions of Schedule 4 to the Housing and Regeneration Act 2008, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Culture, Olympics, Media and Sport”—

(a)    paragraph 8(4)(b),

(b)    paragraph 15(2)(b), and

(c)    paragraph 40(1)(b).

Crossrail Act 2008 (c 18)

3

In paragraph 6(3) of Part 4 of Schedule 17 to the Crossrail Act 2008, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Culture, Olympics, Media and Sport”.

This Order in Council is made under sections 1 and 2 of the Ministers of the Crown Act 1975. It makes provision in connection with the transfer of functions from the Secretary of State for Business, Innovation and Skills to the Secretary of State for Culture, Olympics, Media and Sport.

The responsibilities transferred to the Secretary of State for Culture, Olympics, Media and Sport were set out in a Written Statement to Parliament dated 18 January 2011: see Hansard (House of Commons) 18 January 2011 at column 35-36WS, available at www.parliament.uk.

Article 3 and Schedule 1 transfer to the Secretary of State for Culture, Olympics, Media and Sport certain functions of the Secretary of State for Business, Innovation and Skills.

Article 4 makes provision for the transfer of property, rights and liabilities in connection with the transfer of functions under article 3 and the entrusting of functions to the Secretary of State for Culture, Olympics, Media and Sport. Article 5 makes supplementary provision.

Article 6 and Schedule 2 make consequential amendments to Acts of Parliament.

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.