The Secretary of State for Business, Innovation and Skills Order 2009

Citation and commencement

1.—(1) This Order may be cited as the Secretary of State for Business, Innovation and Skills Order 2009.

(2) This Order comes into force on 13th November 2009.

Interpretation

2.—(1) In this Order “instrument” includes, in particular, 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.

(2) In this Order a reference to a function of a Minister is to be read, in the case of a function which is exercisable by the Minister jointly with another person or is otherwise shared by the Minister, as a reference to the Minister’s share of the function.

(3) For the purposes of this Order, a function is a “former BERR function” so far as—

(a)it is transferred by article 4(1), or

(b)it was entrusted to the Secretary of State for Business, Enterprise and Regulatory Reform immediately before 5 June 2009 and has before the making of this Order been entrusted to the Secretary of State for Business, Innovation and Skills.

(4) For the purposes of this Order, a function is a “former IUS function” so far as—

(a)it is transferred by article 4(2), or

(b)it was entrusted to the Secretary of State for Innovation, Universities and Skills immediately before 5 June 2009 and has before the making of this Order been entrusted to the Secretary of State for Business, Innovation and Skills.

Incorporation of the Secretary of State for Business, Innovation and Skills

3.—(1) The person who at the coming into force of this Order is the Secretary of State for Business, Innovation and Skills and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for Business, Innovation and Skills—

(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 Business, Innovation and Skills and to be—

(a)sealed with the corporate seal of that Secretary of State authenticated in the manner provided 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 Business, Innovation and Skills that an instrument purporting to be made or issued by—

(a)the Secretary of State for Business, Innovation and Skills,

(b)the Secretary of State for Business, Enterprise and Regulatory Reform,

(c)the Secretary of State for Innovation, Universities and Skills, or

(d)the Secretary of State for Trade and Industry,

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

(5) The Documentary Evidence Act 1868(1) applies in relation to the Secretary of State for Business, Innovation and Skills—

(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.

Transfers of functions

4.—(1) The functions of the Secretary of State for Business, Enterprise and Regulatory Reform are transferred to the Secretary of State for Business, Innovation and Skills.

(2) The functions of the Secretary of State for Innovation, Universities and Skills are transferred to the Secretary of State for Business, Innovation and Skills.

Transfers of property, rights and liabilities

5.—(1) There are transferred to the Secretary of State for Business, Innovation and Skills all property, rights and liabilities to which the Secretary of State for Business, Enterprise and Regulatory Reform is entitled or subject at the coming into force of this Order.

(2) There are transferred to the Secretary of State for Business, Innovation and Skills all property, rights and liabilities to which the Secretary of State for Innovation, Universities and Skills is entitled or subject at the coming into force of this Order.

Other supplemental provision

6.—(1) 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—

(a)the Secretary of State for Business, Enterprise and Regulatory Reform, or

(b)the Secretary of State for Innovation, Universities and Skills,

may be continued by or in relation to the Secretary of State for Business, Innovation and Skills.

(2) Anything done (or having effect as if done) by or in relation to—

(a)the Secretary of State for Business, Enterprise and Regulatory Reform, or

(b)the Secretary of State for Innovation, Universities and Skills,

has effect, so far as 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 Business, Innovation and Skills.

(3) Documents or forms printed for use in connection with a former BERR function or a former IUS function may be used in connection with that function even though they contain, or are to be read as containing, references to the transferor.

(4) 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 Business, Innovation and Skills.

(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—

(a)the transfer or entrusting to the Secretary of State for Business, Innovation and Skills of any former BERR function or former IUS 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 transferor were or included references to the Secretary of State for Business, Innovation and Skills.

(6) In this article “transferor” means—

(a)in relation to a former BERR function or anything transferred by article 5(1), the Secretary of State for Business, Enterprise and Regulatory Reform, and

(b)in relation to a former IUS function or anything transferred by article 5(2), the Secretary of State for Innovation, Universities and Skills.

(7) In paragraphs (1) to (5) references to—

(a)the Secretary of State for Business, Enterprise and Regulatory Reform,

(b)the Secretary of State for Innovation, Universities and Skills, or

(c)the transferor,

include references to the department or an officer of the Secretary of State in question, and references to the Secretary of State for Business, Innovation and Skills are to be read accordingly.

Supplemental: validity of things done before coming into force of Order

7.—(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 Business, Enterprise and Regulatory Reform, or

(b)the Secretary of State for Innovation, Universities and Skills,

before the coming into force of this Order.

(2) In paragraph (1) a reference to a Secretary of State includes a reference to the department or an officer of that Secretary of State.

Consequential amendments

8.  The primary and secondary legislation referred to in the headings in Parts 1 and 2 of the Schedule is amended as set out under the headings.