The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021

Made: 10th November 2021

Laid before Parliament: 17th November 2021

Coming into force: 8th December 2021

At the Court at Windsor Castle, the 10th day of November 2021Present,The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by sections 1 and 2 of the Ministers of the Crown Act 1975[^f00001], is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1

• (1) This Order may be cited as the Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021.

• (2) This Order comes into force on 8th December 2021.

Interpretation

2

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.

Incorporation of the Secretary of State for Levelling Up, Housing and Communities

3

• (1) The person who at the coming into force of this Order is the Secretary of State for Levelling Up, Housing and Communities and any successor to that person is by that name a corporation sole.

• (2) The corporate seal of the Secretary of State for Levelling Up, Housing and Communities—

• (a) is to 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) is to be officially and judicially noticed.

• (3) Every document purporting to be an instrument made or issued by the Secretary of State for Levelling Up, Housing and Communities and to be—

• (a) sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or

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

is to be received in evidence and to be 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 Levelling Up, Housing and Communities that an instrument purporting to be made or issued by—

• (a) the Secretary of State for Levelling Up, Housing and Communities,

• (b) the Secretary of State for Housing, Communities and Local Government,

• (c) the Secretary of State for Communities and Local Government,

• (d) the First Secretary of State,

• (e) the Secretary of State for Transport, Local Government and the Regions,

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

• (g) the Secretary of State for the Environment,

was so made or issued is conclusive evidence of that fact.

• (5) The Documentary Evidence Act 1868[^f00002] applies in relation to the Secretary of State for Levelling Up, Housing and Communities—

• (a) as if references to regulations and orders 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 of Secretary of State for Housing, Communities and Local Government

4

The functions of the Secretary of State for Housing, Communities and Local Government are transferred to the Secretary of State for Levelling Up, Housing and Communities.

Transfer of property, rights and liabilities of Secretary of State for Housing, Communities and Local Government

5

There are transferred to the Secretary of State for Levelling Up, Housing and Communities all property, rights and liabilities to which the Secretary of State for Housing, Communities and Local Government is entitled or subject at the coming into force of this Order.

Supplementary provision in connection with articles 4 and 5

6

• (1) In this article “MHCLG function” means any function so far as—

• (a) it is transferred by article 4, or

• (b) it was entrusted to the Secretary of State for Housing, Communities and Local Government immediately before 20th September 2021 and has before the making of this Order been entrusted to the Secretary of State for Levelling Up, Housing and Communities.

• (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 Housing, Communities and Local Government may be continued by or in relation to the Secretary of State for Levelling Up, Housing and Communities.

• (3) Anything done (or having effect as if done) by or in relation to the Secretary of State for Housing, Communities and Local Government 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 Levelling Up, Housing and Communities.

• (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 Levelling Up, Housing and Communities of any MHCLG function, or

• (b) the transfer of anything by article 5,

as if references to (and references which are to be read as references to) the Secretary of State for Housing, Communities and Local Government were or included references to the Secretary of State for Levelling Up, Housing and Communities.

• (5) Documents or forms printed for use in connection with an MHCLG function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Housing, Communities and Local Government.

• (6) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Levelling Up, Housing and Communities.

• (7) In paragraphs (2) to (6) references to a Secretary of State include references to the department or an officer of that Secretary of State.

Transfer of functions of Minister for the Cabinet Office

7

• (1) The functions of the Minister for the Cabinet Office under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000[^f00003]—

• (a) are transferred to the Secretary of State for Levelling Up, Housing and Communities,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The functions of the Minister for the Cabinet Office under—

• (a) the Representation of the People (England and Wales) Regulations 2001[^f00004], and

• (b) the Representation of the People (Scotland) Regulations 2001[^f00005],

other than the functions mentioned in paragraph (3), are transferred to the Secretary of State.

• (3) The functions of the Minister for the Cabinet Office under—

• (a) regulations 29ZA, 29ZB, 32ZBB and 32ZBC of the Representation of the People (England and Wales) Regulations 2001[^f00006], and

• (b) regulations 29ZA, 29ZB, 32ZBB and 32ZBC of the Representation of the People (Scotland) Regulations 2001[^f00007],

are transferred to the Secretary of State for Levelling Up, Housing and Communities.

Transfer of property, rights and liabilities in connection with article 7(2) and (3)

8

There are transferred to the Secretary of State for Levelling Up, Housing and Communities all property, rights and liabilities to which the Minister for the Cabinet Office is entitled or subject at the coming into force of this Order in connection with a function transferred by article 7(2) or (3).

Functions of Secretary of State to cease to be exercisable concurrently with Minister for the Cabinet Office

9

The functions of the Secretary of State under—

• (a) an Act, or a provision of an Act or instrument, listed in Schedule 1, or

• (b) an instrument having effect under any such Act or a provision of such an Act,

which are exercisable concurrently with the Minister for the Cabinet Office are to cease to be exercisable concurrently with the Minister for the Cabinet Office and are instead to be exercisable only by the Secretary of State[^f00008].

Transfer of property, rights and liabilities in connection with article 9

10

There are transferred to the Secretary of State for Levelling Up, Housing and Communities all property, rights and liabilities to which the Minister for the Cabinet Office is entitled or subject at the coming into force of this Order in connection with a function which is directed by article 9 to be exercisable only by the Secretary of State.

Supplementary provision in connection with articles 7 to 10

11

• (1) This article applies to—

• (a) a function that is transferred by article 7(2) (“an article 7(2) function”),

• (b) a function that is transferred by article 7(3) (“an article 7(3) function”),

• (c) anything that is transferred by article 8,

• (d) a function that, by virtue of article 9, ceases to be exercisable concurrently by the Minister for the Cabinet office (“an article 9 function”), and

• (e) anything that is transferred by article 10.

• (2) In this article “the transferee” means—

• (a) in relation to an article 7(2) function or an article 9 function, the Secretary of State, and

• (b) in relation to an article 7(3) function or anything transferred by article 8 or 10, the Secretary of State for Levelling Up, Housing and Communities.

• (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 Minister for the Cabinet Office may, so far as it relates to anything to which this article applies, be continued by or in relation to the transferee.

• (4) Anything done (or having effect as if done) by or in relation to the Minister for the Cabinet Office in connection with anything to which this article applies 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 transferee.

• (5) 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 article 7(2) or 9, as if references to (and references which are to be read as references to) the Minister for the Cabinet Office were or included references to the Secretary of State.

• (6) 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 article 7(3), 8 or 10, as if references to (and references which are to be read as references to) the Minister for the Cabinet Office were or included references to the Secretary of State for Levelling Up, Housing and Communities.

• (7) Documents or forms printed for use in connection with an article 7(2) function, an article 7(3) function or an article 9 function may be used in connection with the exercise of that function by the transferee even though they contain, or are to be read as containing, references to the Minister for the Cabinet Office.

• (8) For the purposes of the use of any such documents or forms in connection with the exercise of that function by the transferee after the coming into force of this Order, those references are to be read as references to the transferee.

• (9) In paragraphs (3) to (8)—

• (a) references to the Minister for the Cabinet Office include references to the Cabinet Office or an officer of that office, and

• (b) references to a Secretary of State include references to the department or an officer of that Secretary of State accordingly.

Supplementary: validity of things done before coming into force of order

12

• (1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to—

• (a) the Secretary of State for Housing, Communities and Local Government, or

• (b) the Minister for the Cabinet Office,

before the coming into force of this Order.

• (2) In paragraph (1) —

• (a) the reference to the Secretary of State for Housing, Communities and Local Government includes a reference to the department or an officer of that Secretary of State, and

• (b) the reference to the Minister for the Cabinet Office includes a reference to the Cabinet Office or an officer of that office.

Consequential amendments

13

Schedule 2 has effect.

SCHEDULE 1 — Acts and provisions referred to in article 9

The Acts and provisions referred to in article 9 are—

• (a) the Representation of the People Act 1983[^f00009];

• (b) the Representation of the People Act 1985[^f00010];

• (c) sections 3(2ZA), 4 and 4A of, and Schedule 1 to, the Parliamentary Constituencies Act 1986[^f00011];

• (d) paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990[^f00012];

• (e) section 52ZQ of the Local Government Finance Act 1992[^f00013];

• (f) section 17A of the Greater London Authority Act 1999[^f00014];

• (g) the Representation of the People Act 2000[^f00015];

• (h) the Local Government Act 2000[^f00016];

• (i) the Political Parties, Elections and Referendums Act 2000[^f00017];

• (j) the Electoral Administration Act 2006[^f00018];

• (k) the Political Parties and Elections Act 2009[^f00019];

• (l) sections 114(1) and 116(1) of, and paragraphs 3 and 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009[^f00020];

• (m) the Police Reform and Social Responsibility Act 2011[^f00021];

• (n) the Electoral Registration and Administration Act 2013[^f00022];

• (o) section 33(10) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014[^f00023];

• (p) regulation 10 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendments) Regulations 2020[^f00024].

SCHEDULE 2 — Consequential amendments

PART 1 — Primary legislation

Transport Act 1962 (c. 46)

1

In section 86(6A) of the Transport Act 1962[^f00025], for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967[^f00026]—

• (a) omit “Ministry of Housing, Communities and Local Government”[^f00027], and

• (b) at the appropriate place insert “Department for Levelling Up, Housing and Communities”.

Representation of the People Act 1983 (c. 2)

3

In the Representation of the People Act 1983, omit section 199ZA[^f00028].

Representation of the People Act 1985 (c. 50)

4

In section 27 of the Representation of the People Act 1985, omit subsection (2ZA)[^f00029].

Parliamentary Constituencies Act 1986 (c. 56)

5

• (1) The Parliamentary Constituencies Act 1986 is amended as follows.

• (2) In section 3(2ZA)[^f00030], omit “or the Minister for the Cabinet Office”.

• (3) In section 4[^f00031]—

• (a) in subsections (1) and (4), omit “or the Minister for the Cabinet Office”, and

• (b) in subsection (4B), omit “or, as the case may be, the Minister for the Cabinet Office”.

• (4) In section 4A(3)[^f00032], omit “or the Minister for the Cabinet Office”.

• (5) In Schedule 1[^f00033], in paragraphs 2, 4A, 6(1) and (2) and 7, omit “or the Minister for the Cabinet Office”.

Town and Country Planning Act 1990 (c. 8)

6

• (1) The Town and Country Planning Act 1990 is amended as follows.

• (2) In the following provisions, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”—

• (a) section 228(1) and (7) and the heading of that section[^f00034];

• (b) section 245(1)(b)[^f00035];

• (c) section 265(1)(d)[^f00036].

• (3) In paragraph 16(1) and (5) of Schedule 4B[^f00037], omit “or the Minister for the Cabinet Office”.

• (4) In paragraph 8(2) of Schedule 6[^f00038], for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

7

In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00039], for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Planning (Hazardous Substances) Act 1990 (c. 10)

8

In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990[^f00040], for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Local Government Finance Act 1992 (c. 14)

9

• (1) The Local Government Finance Act 1992 is amended as follows.

• (2) In section 52ZQ(1), (2) and (6)[^f00041], omit “or the Minister for the Cabinet Office”.

• (3) In section 113(1), (2) and (3)[^f00042], omit “, the Minister for the Cabinet Office”.

Transport and Works Act 1992 (c. 42)

10

In section 23(10) of the Transport and Works Act 1992[^f00043], for “the Ministry of Housing, Communities and Local Government”, in both places, substitute “the Department for Levelling Up, Housing and Communities”.

Greater London Authority Act 1999 (c. 29)

11

In section 17A(3) and (6) of the Greater London Authority Act 1999[^f00044], omit “or the Minister for the Cabinet Office”.

Representation of the People Act 2000 (c. 2)

12

In the Representation of the People Act 2000, omit section 16A[^f00045].

Local Government Act 2000 (c. 22)

13

• (1) The Local Government Act 2000 is amended as follows.

• (2) In the following provisions, omit “or the Minister for the Cabinet Office”—

• (a) section 9HE(1), (4) and (5) (in both places)[^f00046];