LegalizeThe Minister of Transport Order 1979
Made: 23rd May 1979
Laid before Parliament: 24th May 1979
Coming into Operation: 24th May 1979
At the Court at Buckingham Palace, the 23rd day of May 1979
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 1975, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1
- (1) This Order may be cited as the Minister of Transport Order 1979.
- (2) This Order comes into operation on 24th May 1979.
Transfer of functions and property
2
- (1) The functions of the Secretary of State for Transport, and the functions of the Secretary of State which previously were entrusted to the Secretary of State for Transport, are hereby transferred to the Minister of Transport.
- (2) There are hereby transferred to the Minister of Transport all property, rights and liabilities to which the Secretary of State for Transport is entitled or subject, at the coming into operation of this Order, in connection with any function transferred by this Order.
Supplemental
3
- (1) The enactments mentioned in the Schedule to this Order are hereby repealed to the extent specified in column 2 of the Schedule.
- (2) No stamp duty shall be chargeable on any instrument made by, to or with the Minister of Transport.
- (3) This Order shall not affect the validity of anything done by or in relation to the Secretary of State for Transport before the coming into operation of this Order; and anything which at the coming into operation of this Order is in process of being done by or in relation to the Secretary of State for Transport (including in particular any legal proceedings to which he is a party) may be continued by or in relation to the Minister of Transport.
- (4) Any authorisation given (by way of approval or otherwise), requirement imposed or appointment made by the Secretary of State for Transport, or having effect as if so given, imposed or made, shall, if in force at the coming into operation of this Order, have effect as if given, imposed or made by the Minister of Transport in so far as that is required for continuing its effect after the coming into operation of this Order.
- (5) Any enactment, instrument or contract passed or made before the coming into operation of this Order shall have effect, so far as may be necessary for the purpose or in consequence of the transfer of functions, property, rights or liabilities effected by this Order, as if any reference to the Secretary of State or the Secretary of State for Transport or an officer of his (including any reference which is to be construed as such a reference) were or included a reference to the Minister of Transport or an officer of his, as the case may be.
- (6) Documents or forms printed or duplicated for use in connection with any functions transferred by this Order may be so used notwithstanding that they contain references to a Secretary of State, and those references shall be construed as references to the Minister of Transport; and similarly with references to an officer of a Secretary of State.
SCHEDULE — REPEALS
| Enactment | Extent of repeal |
|---|---|
| The Acquisition of Land (Authorisation Procedure) Act 1946[^f00001]. | In Schedule 1, paragraph 7B(7). |
| The Highways Act 1959[^f00002]. | In Schedule 1, paragraph 13. |
| The Highways Act 1971[^f00003]. | In sections 14(8A) and 54(4), the words from “and references” to the end. |
Signed
N.E. Leigh — Clerk of the Privy Council
Explanatory note
EXPLANATORY NOTE
This Order transfers to the Minister of Transport the functions previously exercised by the Secretary of State for Transport.
Footnotes
[^f00001]: amended by S.I. 1976/1775, Sch. 2.
[^f00002]: amended by S.I. 1976/1775, Sch. 2.
[^f00003]: amended by S.I. 1976/1775, Sch. 2.
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