The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023

Offshore Gas Storage and Unloading (Licensing) Regulations 2009 (S.I. 2009/2813)

51

In clause 1(1) of the model clauses set out in the Schedule to the Offshore Gas Storage and Unloading (Licensing) Regulations 2009, in the definition of “the Minister”, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009 (S.I. 2009/2814)

52

In clause 1(1) of the model clauses set out in the Schedule to the Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009, in the definition of “the Minister”, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501)

53

In regulation 1(2) of the Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010, in the definition of “Culture Secretary”, for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Culture, Media and Sport”.

Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521)

54

In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (offices and restrictions etc), in column 1 of the table, for “The Department for Business, Energy and Industrial Strategy” substitute “The Department for Business and Trade”.

Criminal Justice Act 2003 (Commencement No. 26) Order 2011 (S.I. 2011/2188)

55

In article 3(b) of the Criminal Justice Act 2003 (Commencement No. 26) Order 2011, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Business and Trade”.

Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648)

56

In paragraph 6 of Schedule 15 to the Hinkley Point C (Nuclear Generating Station) Order 2013 (protection of the Environment Agency), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643)

57

In the Energy Savings Opportunity Scheme Regulations 2014, in the following places, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”—

• (a) regulation 6(1)(e) (compliance bodies);

• (b) regulation 48(2)(a) (appeals).

Public Interest Disclosure (Prescribed Persons) Order 2014 (S.I. 2014/2418)

58

• (1) The table in the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014 is amended as follows.

• (2) In the second column, opposite the entry in the first column for Health and Safety Executive, in paragraph (b), for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Energy Security and Net Zero”.

• (3) In the first column, for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Business and Trade”.

• (4) In the second column, opposite the entry in the first column amended by sub-paragraph (3) above, omit paragraph (c) and the “and” before it.

• (5) At the appropriate place insert—

Secretary of State for Energy Security and Net Zero	Matters relating to the functions of the Secretary of State for Energy Security and Net Zero as a designated competent authority under the Network and Information Systems Regulations 2018.

Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 (S.I. 2014/3140)

59

In Part 1 of Schedule 2 to the Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 (list of bodies whose views must be sought), in column (2), for “Department for Business, Energy and Industrial Strategy” (in each place it occurs) substitute “Department for Business and Trade”.

Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (S.I. 2015/1431)

60

In regulation 5B(3)(c) of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015[^f00042], for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Care and Support (Financial Assessment) (Wales) Regulations 2015 (S.I. 2015/1844)

61

In paragraph 40 of Schedule 2 to the Care and Support (Financial Assessment) (Wales) Regulations 2015 (capital to be disregarded)[^f00043], for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Renewables Obligation Order 2015 (S.I. 2015/1947)

62

In article 79(3) of the Renewables Obligation Order 2015 (provision of information), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Energy Security and Net Zero”.

Network and Information Systems Regulations 2018 (S.I. 2018/506)

63

In Schedule 1 to the Network and Information Systems Regulations 2018 (competent authorities), in column 3 of the table, for “Secretary of State for Business, Energy and Industrial Strategy” (in each place it occurs) substitute “Secretary of State for Energy Security and Net Zero”.

Nuclear Safeguards (EU Exit) Regulations 2019 (S.I. 2019/196)

64

In regulation 46(2)(b) of the Nuclear Safeguards (EU Exit) Regulations 2019 (form of notification)—

• (a) for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Energy Security and Net Zero”;

• (b) for “the BEIS” substitute “that Department’s”.

Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706)

65

In Part 7 of Schedule 16 to the Norfolk Vanguard Offshore Wind Farm Order 2020 (protective provisions), in paragraph 81 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

A303 (Amesbury to Berwick Down) Development Consent Order 2020 (S.I. 2020/1297)

66

In article 2(1) of the A303 (Amesbury to Berwick Down) Development Consent Order 2020, in the definition of “Historic England”, for “the Department for Digital, Culture, Media and Sport” substitute “the Department for Culture, Media and Sport”.

Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656)

67

In Part 7 of Schedule 9 to the Hornsea Three Offshore Wind Farm Order 2020 (protective provisions), in paragraph 11 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (S.S.I. 2021/98)

68

In regulation 2(1) of the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (interpretation), in paragraph (b) of the definition of “border department”[^f00044] for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Business and Trade”.

A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125)

69

In Part 3 of Schedule 8 to the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (protective provisions), in paragraph 28, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021 (S.I. 2021/640)

70

In Schedule 1 to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021 (accredited financial investigators), for “the Department for Business, Energy and Industrial Strategy” (in each place it occurs) substitute “the Department for Business and Trade”.

Space Industry (Appeals) Regulations 2021 (S.I. 2021/816)

71

In regulation 2 of the Space Industry (Appeals) Regulations 2021 (interpretation), in the definition of “UKSA”, for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Science, Innovation and Technology”.

National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021 (S.I. 2021/1262)

72

In regulation 1(3) of the National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021 (interpretation), at the end insert “, and

• “Secretary of State” includes the Chancellor of the Duchy of Lancaster.

National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021 (S.I. 2021/1264)

73

• (1) The table in paragraph 2 of Schedule 9 to the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021 (interpretation — public sector authority) is amended as follows.

• (2) Omit the entries for “Department for International Trade” and “UK Export Finance (also known as the Exports Credit Guarantee Department)”.

• (3) For the entries from “Department for Business, Energy and Industrial Strategy” to “Office of Communications (Ofcom)” substitute—

• Department for Business and Trade
• Competition and Markets Authority
• HM Land Registry
• UK Export Finance (also known as the Exports Credit Guarantee Department)
• Department for Energy Security and Net Zero
• Office of Gas and Electricity Markets (Ofgem)
• Nuclear Decommissioning Authority
• Department for Science, Innovation and Technology
• Information Commissioner
• Intellectual Property Office
• Meteorological Office
• Office of Communications (Ofcom)
• United Kingdom Space Agency
• Department for Culture, Media and Sport
• The National Archives

National Security and Investment Act 2021 (Procedure for Service) Regulations 2021 (S.I. 2021/1267)

74

In regulation 2(1) of the National Security and Investment Act 2021 (Procedure for Service) Regulations 2021 (interpretation), at the end insert—

• “Secretary of State” includes the Chancellor of the Duchy of Lancaster.

National Security and Investment Act 2021 (Prescribed Form and Content of Notices and Validation Applications) Regulations 2021 (S.I. 2021/1272)

75

In regulation 2 of the National Security and Investment Act 2021 (Prescribed Form and Content of Notices and Validation Applications) Regulations 2021 (interpretation), at the end insert—

• “Secretary of State” includes the Chancellor of the Duchy of Lancaster.

Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414)

76

In Part 7 of Schedule 17 to the Norfolk Boreas Offshore Wind Farm Order 2021 (protective provisions), in paragraph 81 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138)

77

In Part 7 of Schedule 16 to the Norfolk Vanguard Offshore Wind Farm Order 2022 (protective provisions), in paragraph 81 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206)

78

In Part 2 of Schedule 9 to the A57 Link Roads Development Consent Order 2022 (protective provisions), in paragraph 28 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Part 3 — Retained EU law

Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules

79

In Article 6 of Commission Delegated Regulation (EU) 664/2014, in the following places, for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Science, Innovation and Technology”—

• (a) paragraph 4(b);

• (b) paragraph 4e(e)(iii).

Regulation (EU) 2016/793 of the European Parliament and of the Council of 11 May 2016 to avoid trade diversion into the European Union of certain key medicines

80

In Article 4(1) of Regulation (EU) 2016/793 of the European Parliament and of the Council, for the words from “the Department” to the end substitute “the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London SW1A 2DY”.

Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation

81

In Article 14 of Commission Delegated Regulation (EU) 2019/33, in paragraph 2b(b), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Science, Innovation and Technology”.

Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008

82

In article 31 of Regulation (EU) 2019/787 of the European Parliament and of the Council, in paragraph 6(b), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Science, Innovation and Technology”.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order in Council)

Explanatory Note

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 establishment of the Department for Energy Security and Net Zero, the Department for Science, Innovation and Technology, the Department for Business and Trade and the Department for Culture, Media and Sport.

Articles 3, 4 and 5 provide for the incorporation of the Department for Energy Security and Net Zero, the Department for Science, Innovation and Technology and the Department for Business and Trade as corporations sole. Those articles also make provision about the authentication of the corporate seals of those departments and about the execution and certification of documents.

Article 6 makes similar provision about the certification of documents in relation to the Department for Culture, Media and Sport. That department has already been incorporated: the Secretary of State for National Heritage was incorporated by [S.I. 1992/1311](https://www.legislation.gov.uk/uksi/1992/1311) and then that Secretary of State was renamed the Secretary of State for Culture, Media and Sport by [S.I. 1997/1744](https://www.legislation.gov.uk/uksi/1997/1744).

Article 7 transfers certain statutory functions from the Secretary of State for Business, Energy and Industrial Strategy to the Secretary of State for Energy Security and Net Zero.

Article 8 (1) provides for the transfer of property, rights and liabilities from the Secretary of State for Business, Energy and Industrial Strategy to the Secretary of State for Energy Security and Net Zero. Article 8(2) to (6) makes supplementary provision, in particular for ensuring continuity in the exercise of the functions and in relation to the property, rights and liabilities transferred.

Article 9 transfers certain statutory functions to the Secretary of State for Science, Innovation and Technology. Some of these come from the Secretary of State for Business, Energy and Industrial Strategy, and some come from the Secretary of State for Digital, Culture, Media and Sport.

Article 10 (1) provides for the transfer of property, rights and liabilities to the Secretary of State for Science, Innovation and Technology, including those relating to certain functions that the Secretary of State for Science, Innovation and Technology has received from the Minister for the Cabinet Office and the Chancellor of the Duchy of Lancaster. Article 10(2) to (12) makes similar supplementary provision to that in article 8(2) to (6).

Article 11 transfers certain statutory functions from the Secretary of State for Business, Energy and Industrial Strategy to the Secretary of State for Business and Trade. Article 12 deals with the transfer of property, rights and liabilities to that Secretary of State, including in relation to functions that have come from the Secretary of State for International Trade, and contains similar supplementary provision to that in articles 8 and 10.

Article 13 transfers certain statutory functions from the Secretary of State for Digital, Culture, Media and Sport to the Secretary of State for Culture, Media and Sport. Article 14 effects the transfer of property, rights and liabilities to the Secretary of State for Culture, Media and Sport and contains supplementary provisions.

Article 15 provides for functions of the Secretary of State under the National Security and Investment Act 2021, and for certain similar legacy functions under the Enterprise Act 2002, to be exercisable concurrently by the Secretary of State and the Chancellor of the Duchy of Lancaster. Article 16 transfers property, rights and liabilities in connection with those functions to the Chancellor of the Duchy of Lancaster, and contains supplementary provision.

Article 17 makes provision preserving the validity of anything done by or in relation to the Secretary of State for Business, Energy and Industrial Strategy, the Secretary of State for Digital, Culture, Media and Sport, the Secretary of State for International Trade, the Minister for the Cabinet Office and the Chancellor of the Duchy of Lancaster before the coming into force of this Order.

Article 18 introduces the Schedule, which makes consequential amendments to Acts of Parliament, secondary legislation and retained EU law.

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

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1975 c. 26. Section 1 was amended by section 20 of the Constitutional Reform Act 2005 (c. 4).

[^f00002]: 1868 c. 37.

[^f00003]: 1868 c. 37.

[^f00004]: 1868 c. 37.

[^f00005]: 1868 c. 37.

[^f00006]: 1996 c. 61.

[^f00007]: 2008 c. 18.

[^f00008]: 2017 c. 30.

[^f00009]: 2017 c. 7.

[^f00010]: 2021 c. 2.

[^f00011]: 2008 c. 17.

[^f00012]: 2008 c. 18.

[^f00013]: 2017 c. 30.

[^f00014]: 2017 c. 7.

[^f00015]: 2021 c. 2.

[^f00016]: 2005 c. 15.

[^f00017]: 2017 c. 30.

[^f00018]: 1920 c. 16.

[^f00019]: 1996 c. 61.

[^f00020]: 2008 c. 18.

[^f00021]: 2017 c. 30.

[^f00022]: 2017 c. 7.

[^f00023]: 2021 c. 2.

[^f00024]: 2021 c. 25.

[^f00025]: 2002 c. 40.

[^f00026]: Paragraph 1 was substituted by S.I. 1986/2239.

[^f00027]: Schedule 2 was substituted by S.I. 2011/2986.

[^f00028]: Section 114A was inserted by the Criminal Justice and Police Act 2001, section 85.

[^f00029]: Paragraph 9ZC was inserted by S.I. 2016/992.

[^f00030]: Subsection (4)(db) was inserted by the Coroners and Justice Act 2009, section 113.

[^f00031]: Subsection (6A) was inserted by the Coroners and Justice Act 2009, section 113.

[^f00032]: Subsection (6C) was inserted by the Coroners and Justice Act 2009, section 113.

[^f00033]: Subsection (2A) was inserted by S.I. 2009/229.

[^f00034]: Subsection (5A) was inserted by S.I. 2009/229.

[^f00035]: The definition of “index figure” was substituted, in relation to England, by S.I. 2010/2769, article 2. The definition has been amended by S.I. 2016/992, Schedule.

[^f00036]: The definition was substituted by S.I. 2016/876.

[^f00037]: Schedule 4 was substituted, in relation to England, by S.I. 2009/2711 and further amended by S.I. 2017/979. It was revoked, in relation to Wales, by S.I. 2012/793.

[^f00038]: Part 82 was inserted by S.I. 2013/1571.

[^f00039]: Regulation 12A was inserted by S.I. 2013/417.

[^f00040]: Schedule 5 was substituted by S.I. 2018/70.

[^f00041]: Regulation 2 was substituted by S.I. 2018/1206.

[^f00042]: Regulation 5B was inserted by S.I. 2017/404.

[^f00043]: Paragraph 40 was inserted by S.I. 2023/67.

[^f00044]: The definition of border department was inserted by S.S.I. 2021/293.