The Secretary of State for Transport Order 1976

Citation, interpretation and commencement

1.—(1) This Order may be cited as the Secretary of State for Transport Order 1976.

(2) The Interpretation Act 1889 applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

(3) In this Order “transport functions of the Secretary of State” means such functions of the Secretary of State relating to highways, road traffic, road and rail transport, ports, docks and harbours, and other matters as—

(a)were exercisable, before 10th September 1976, by the Secretary of State for the Environment, and

(b)have been entrusted, before the making of this Order, to the Secretary of State for Transport;

and any reference in this Order to the transfer of such functions shall be construed accordingly.

(4) Any reference in this Order to an enactment or instrument is a reference to that enactment or instrument as amended or extended by or under any other enactment or instrument.

(5) This Order shall come into operation on 8th November 1976.

Transfer of functions and property

2.—(1) The functions of the Secretary of State for the Environment under the enactments specified in Schedule 1 to this Order are hereby transferred to the Secretary of State for Transport.

(2) All functions of the Secretary of State for the Environment under instruments made, before the making of this Order, in the exercise of any transport functions of the Secretary of State or any functions transferred by paragraph (1) above are hereby transferred to the Secretary of State for Transport.

(3) All functions of the Secretary of State for the Environment which—

(a)are exercisable under local Acts or instruments passed or made before the making of this Order, and

(b)are similar to any transport functions of the Secretary of State or any functions transferred by paragraph (1) or (2) above,

are hereby transferred to the Secretary of State for Transport.

(4) There are hereby transferred to the Secretary of State for Transport all property, rights and liabilities to which the Secretary of State for the Environment is entitled or subject, at the coming into force of this Order, in connection with any transport functions of the Secretary of State or any functions transferred by this Order.

Functions of the Secretary of State exercisable jointly with the planning Minister

3.—(1) Schedule 2 to this Order shall have effect for securing that, in the exercise in England and Wales of certain functions of the Secretary of State relating to highways, the Secretary of State concerned shall, unless he is also the planning Minister, act jointly with that Minister.

(2) In this Article and in the said Schedule 2 “the planning Minister” means the Secretary of State for the time being having general responsibility in planning matters in relation to England or Wales, as the case may be.

Style, seal and acts of Secretary of State for Transport

4.—(1) The person who at the coming into operation of this Order is Secretary of State for Transport and his successors shall be, by that name, a corporation sole, with a corporate seal.

(2) The corporate seal of the Secretary of State for Transport shall be authenticated by the signature of a Secretary of State, or of a Secretary to the Department of Transport, or by a person authorised by a Secretary of State to act in that behalf.

(3) The corporate seal of the Secretary of State for Transport shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Secretary of State for Transport and to be sealed with that seal authenticated in the manner provided by paragraph (2) above, or to be signed or executed by a Secretary to the Department of Transport or a person authorised as above, shall be received in evidence and 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 Transport that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of the fact.

(5) No stamp duty shall be chargeable on any instrument made by, to or with the Secretary of State for Transport.

5.  In Schedule 2 to the Parliamentary Commissioner Act 1967 there shall be inserted at the appropriate place in alphabetical order the entry “Department of Transport”.

Supplemental

6.—(1) Schedule 3 to this Order, which contains amendments incidental to or consequential on the transfer of transport functions of the Secretary of State or the transfer of functions effected by this Order, shall have effect.

(2) The enactments and instruments mentioned in Schedule 4 to this Order are hereby repealed to the extent specified in column 2 of that Schedule; but, without prejudice to the operation in relation to this repeal of any provision of the Interpretation Act 1889, this repeal shall not affect any transfer of functions made before the coming into operation of this Order.

7.—(1) This Order shall not affect the validity of anything done by or in relation to the Secretary of State for the Environment before the coming into operation of this Order; and anything which at the coming into operation of this Order is in the process of being done by or in relation to the Secretary of State for the Environment (including in particular any legal proceedings to which he is a party) may, if it relates to transport functions of the Secretary of State or to functions, property, rights or liabilities transferred by this Order, be continued by or in relation to the Secretary of State for Transport.

(2) Any authorisation given (by way of approval or otherwise), requirement imposed or appointment made by the Secretary of State for the Environment in connection with transport functions of the Secretary of State or functions transferred by this Order, 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 Secretary of State for Transport in so far as that is required for continuing its effect after the coming into operation of this Order.

(3) Subject to any express amendment or repeal made by this Order 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 transport functions of the Secretary of State or the transfer of functions, property, rights or liabilities effected by this Order, as if any reference to the Secretary of State for the Environment or to his Department or an officer of his (including any reference which is to be construed as such a reference) were or included a reference to the Secretary of State for Transport or to his Department or an officer of his, as the case may be.

(4) Documents or forms printed or duplicated for use in connection with any transport functions of the Secretary of State or any functions transferred by this Order may be so used notwithstanding that they contain references to the Secretary of State for the Environment, and those references shall be construed as references to the Secretary of State for Transport; and similarly with references to the Department or an officer of the Secretary of State for the Environment.

(5) Where any instrument in force at the coming into operation of this Order requires a sign or plate to be exhibited which embodies the name of the Department of the Environment or the Ministry of Transport, nothing in this Order shall be taken to affect that requirement, but signs or plates complying with that instrument as in force before the coming into operation of this Order may continue to be used until provision is made to the contrary.