The Secretary of State for Justice Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in connection with the establishment of the Ministry of Justice. It transfers to the Lord Chancellor certain functions of the Secretary of State, which were formerly entrusted to the Home Secretary and one function which was conferred on the Home Secretary. It transfers to the Secretary of State for Justice certain functions conferred on the Secretary of State at large. It also transfers certain functions from the Lord Chancellor to the Secretary of State at large or to the Home Secretary. Further, it makes supplemental provision in connection with (a) functions transferred under the order, (b) functions that were formerly entrusted to the Home Secretary and that have already been entrusted to the Secretary of State for Justice, and (c) functions that were formerly entrusted to the Secretary of State for Constitutional Affairs and that have already been entrusted to the Secretary of State for Justice.

The functions referred to in (b) are functions in relation to the National Offender Management Service (including prison and probation services) and the overall framework of criminal law and sentencing policy, subject to certain exceptions. These responsibilities were described in the Prime Minister’s written statement to Parliament dated 29th March 2007 (reported in Hansard (House of Commons) at columns 133 WS and 135 WS; available at www.parliament.uk). The functions referred to in (c) are all the functions of the Secretary of State for Constitutional Affairs as at 9th May 2007.

Article 3 provides for the incorporation of the Secretary of State for Justice as a corporation sole and makes provision in relation to that Secretary’s corporate seal and to the execution and certification of documents.

Article 4 transfers to the Lord Chancellor certain functions of the Secretary of State under the Magistrates’ Courts Act 1980, the Courts Act 2003 and the Criminal Justice Act 2003. It also transfers to the Secretary of State for Justice functions of the Secretary of State under the Domestic Violence, Crime and Victims Act 2004. Finally it transfers from the Home Secretary to the Lord Chancellor a function under the Church Commissioners Measure 1947.

Article 5 transfers from the Lord Chancellor to the Secretary of State a function under the Criminal Justice Act 2003. It also transfers to the Home Secretary certain secondary functions of the Lord Chancellor under the Domestic Violence, Crime and Victims Act 2004 (functions of being consulted and of receiving copies of a report).

Article 6 provides for the prison estate, as vested in the Secretary of State at the coming into force of the Order, to transfer to the Secretary of State for Justice. This article also makes general provision for the transfer of property, rights and liabilities consequential on the entrusting of functions formerly exercised by the Home Secretary to the Secretary of State for Justice. It also makes provision for the transfer of property, rights and liabilities consequential on the entrusting of functions formerly exercised by the Secretary of State for Constitutional Affairs to the Secretary of State for Justice.

Article 7 makes further supplemental provision in relation to (a) the transfer of functions under the order, (b) the entrusting to the Secretary of State for Justice of functions previously entrusted to the Home Secretary, and (c) the entrusting to the Secretary of State for Justice of functions previously entrusted to the Secretary of State for Constitutional Affairs.

Article 8 and the Schedule to the Order make consequential amendments to Acts of Parliament, Measures and subordinate legislation.

Nothing in this Order alters the functions of the National Assembly for Wales, the Scottish Ministers or the devolved authorities in Northern Ireland.