|
| |
|
(2) | The bodies in this subsection are— |
| |
(a) | the Environment Agency, and |
| |
(b) | the Forestry Commissioners. |
| |
(3) | The bodies in this subsection are— |
| |
(a) | the Countryside Council for Wales, and |
| 5 |
(b) | a body which is a new body for the purposes of section 13. |
| |
(4) | The Welsh Ministers may by order make provision about how the function of |
| |
making arrangements under subsection (1) is to be discharged. |
| |
(5) | The Secretary of State’s consent is required for an order under subsection (4). |
| |
16 | Procedure for orders under sections 13 to 15 |
| 10 |
(1) | An order may not be made by the Welsh Ministers under section 13 or 15 |
| |
unless a draft of the instrument containing the order has been laid before, and |
| |
approved by a resolution of, the National Assembly for Wales. |
| |
(2) | An order may not be made by the Secretary of State under section 14(4) unless |
| |
a draft of the instrument containing the order has been laid before, and |
| 15 |
approved by a resolution of, each House of Parliament. |
| |
Powers in relation to forestry |
| |
17 | Powers relating to functions of Secretary of State |
| |
(1) | This section applies to the functions of the Secretary of State under the |
| |
following provisions of the Forestry Act 1967— |
| 20 |
(a) | section 39(2) (disposal); |
| |
(b) | section 39(3)(a) (management and use); |
| |
(c) | section 39(3)(b) (letting and granting of rights and interests). |
| |
(2) | The Secretary of State may by order amend the Forestry Act 1967 so as to |
| |
modify the purposes or objective for which, or conditions under which, the |
| 25 |
Secretary of State exercises a function to which this section applies. |
| |
(3) | An order under subsection (2) may in particular secure that the Secretary of |
| |
State may exercise a function to which this section applies for any purpose or |
| |
| |
(4) | An order under subsection (2) may contain consequential, supplementary, |
| 30 |
incidental or transitional provision, or savings. |
| |
(5) | The Secretary of State may enter into arrangements with any person for that |
| |
person to exercise a function to which this section applies. |
| |
(6) | Arrangements made under subsection (5) may provide for the exercise of the |
| |
| 35 |
(a) | unconditionally or subject to such conditions as may be specified in the |
| |
| |
(b) | for such period as may be so specified. |
| |
(7) | Arrangements made under subsection (5) — |
| |
(a) | may be revoked at any time by the Secretary of State; |
| 40 |
|
| |
|
| |
|
(b) | do not prevent the Secretary of State from exercising the function to |
| |
which the arrangements relate; |
| |
(c) | do not affect the responsibility of the Secretary of State in relation to the |
| |
| |
(8) | The Secretary of State may in particular enter into arrangements under |
| 5 |
subsection (5) with the Forestry Commissioners. |
| |
18 | Powers relating to Forestry Commissioners |
| |
(1) | The Secretary of State may by order do any of the following in relation to the |
| |
| |
(a) | modify their constitutional arrangements; |
| 10 |
(b) | modify their functions relating to England; |
| |
(c) | transfer a function of theirs relating to England to another person; |
| |
(d) | authorise them to enter into arrangements with another person for that |
| |
person to exercise a function of theirs relating to England. |
| |
(2) | Arrangements made under an order under subsection (1)(d) may, subject to the |
| 15 |
provisions of the order, provide for the exercise of the function by the person— |
| |
(a) | unconditionally or subject to such conditions as may be specified in the |
| |
order or the arrangements; |
| |
(b) | for such period as may be so specified. |
| |
(3) | Arrangements made under an order under subsection (1)(d)— |
| 20 |
(a) | may be revoked at any time by the Forestry Commissioners; |
| |
(b) | do not prevent the Forestry Commissioners from exercising the |
| |
function to which the arrangements relate; |
| |
(c) | do not affect the responsibility of the Forestry Commissioners in |
| |
relation to the function. |
| 25 |
(4) | An order under this section may make consequential, supplementary, |
| |
incidental or transitional provision, or savings. |
| |
(5) | Where an order under this section transfers a function, the power in subsection |
| |
(4) includes power to make consequential or supplementary provision— |
| |
(a) | to modify functions of the transferee; |
| 30 |
(b) | to modify the constitutional or funding arrangements of the transferee. |
| |
(6) | Where an order under this section authorises arrangements for the exercise of |
| |
a function of the Forestry Commissioners by another person exercising public |
| |
functions, the power in subsection (4) includes power to make consequential |
| |
or supplementary provision— |
| 35 |
(a) | to modify the public functions of that person, or |
| |
(b) | to modify the constitutional or funding arrangements of that person. |
| |
(7) | In considering whether to make an order under this section, the Secretary of |
| |
State must have regard to the following objectives— |
| |
(a) | achieving increased efficiency, effectiveness and economy in the |
| 40 |
exercise of public functions; |
| |
(b) | securing appropriate accountability to Ministers in the exercise of such |
| |
| |
(8) | The Secretary of State may make an order under this section only if the |
| |
Secretary of State considers that— |
| 45 |
|
| |
|
| |
|
(a) | the order does not remove any necessary protection, and |
| |
(b) | the order does not prevent any person from continuing to exercise any |
| |
right or freedom which that person might reasonably expect to |
| |
| |
19 | Procedure for orders under sections 17 and 18 |
| 5 |
An order under section 17 or 18 may not be made unless a draft of the |
| |
instrument containing the order has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
| |
20 | Restriction on creation of functions |
| 10 |
(1) | An order under the preceding provisions of this Act may not create or |
| |
authorise the creation of— |
| |
(a) | a power to make subordinate legislation, |
| |
(b) | a power of forcible entry, search or seizure, or |
| |
(c) | a power to compel the giving of evidence. |
| 15 |
(2) | Subsection (1) does not prevent an order from repealing and re-enacting a |
| |
| |
21 | Restriction on transfer and delegation of functions |
| |
(1) | An order under the preceding provisions of this Act may not transfer any |
| |
function to a person not otherwise exercising public functions if that person |
| 20 |
| |
(2) | An order under the preceding provisions of this Act may not— |
| |
(a) | transfer an excluded function to a person not otherwise exercising |
| |
| |
(b) | authorise arrangements for an excluded function to be exercised by |
| 25 |
| |
(3) | In subsection (2) “excluded function” means— |
| |
(a) | a function of a tribunal exercising the judicial power of the State, |
| |
(b) | a power to make subordinate legislation, |
| |
(c) | a power of forcible entry, search or seizure, |
| 30 |
(d) | a power to compel the giving of evidence, or |
| |
(e) | any other function the exercise or non-exercise of which would |
| |
necessarily interfere with, or otherwise affect, the liberty of an |
| |
| |
22 | Restriction on creation of criminal offences |
| 35 |
(1) | An order under the preceding sections of this Act may not, in relation to any |
| |
transfer or modification of functions, create or authorise the creation of a |
| |
criminal offence that is punishable— |
| |
(a) | on indictment, with imprisonment for a term exceeding two years, or |
| |
(b) | on summary conviction, with— |
| 40 |
|
| |
|
| |
|
(i) | imprisonment for a term exceeding the normal maximum term, |
| |
| |
(ii) | a fine exceeding level 5 on the standard scale. |
| |
(2) | In subsection (1)(b)(i) “the normal maximum term” means— |
| |
(a) | in relation to England and Wales— |
| 5 |
(i) | in the case of a summary offence, 51 weeks, and |
| |
(ii) | in the case of an offence triable either way, twelve months; |
| |
(b) | in relation to Scotland— |
| |
(i) | in the case of an offence triable only summarily, six months, and |
| |
(ii) | in the case of an offence triable either summarily or on |
| 10 |
indictment, twelve months; |
| |
(c) | in relation to Northern Ireland, six months. |
| |
(3) | In Scotland, in the case of an offence which, if committed by an adult, is triable |
| |
either on indictment or summarily and is not an offence triable on indictment |
| |
| 15 |
(a) | Part 5 of the Criminal Justice Act 1988, or |
| |
(b) | section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995, |
| |
| the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard |
| |
scale is to be construed as a reference to the statutory maximum. |
| |
(4) | In England and Wales— |
| 20 |
(a) | in the case of a summary offence committed before the coming into |
| |
force of section 281(5) of the Criminal Justice Act 2003, the reference in |
| |
subsection (2)(a)(i) to 51 weeks is to be read as a reference to six months, |
| |
| |
(b) | in the case of an offence triable either way which is committed before |
| 25 |
the coming into force of section 154(1) of that Act, the reference in |
| |
subsection (2)(a)(ii) to twelve months is to be read as a reference to six |
| |
| |
(5) | Subsection (1) does not prevent an order from repealing and re-enacting a |
| |
| 30 |
Transfer of property, rights and liabilities |
| |
| |
(1) | A scheme for the transfer of property, rights and liabilities (a “transfer |
| |
| |
(a) | a Minister, in connection with an order under sections 1 to 6; |
| 35 |
(b) | the Welsh Ministers, in connection with the transfer of a function under |
| |
| |
(c) | the Secretary of State, in connection with the transfer of a function of the |
| |
Forestry Commissioners under section 18(1)(c). |
| |
(2) | In the case of a transfer scheme under subsection (1)(a), property, rights and |
| 40 |
liabilities must be transferred— |
| |
(a) | to a Minister, where the scheme is made in connection with an order |
| |
under section 3 or 4 (modification of constitutional or funding |
| |
| |
(b) | to an eligible person or a body corporate, in any other case. |
| 45 |
|
| |
|
| |
|
(3) | In the case of a transfer scheme under subsection (1)(b) or (c), property, rights |
| |
and liabilities must be transferred to the person to whom the function is |
| |
| |
(4) | The things that may be transferred under a transfer scheme include— |
| |
(a) | property, rights and liabilities that could not otherwise be transferred; |
| 5 |
(b) | property acquired, and rights and liabilities arising, after the making of |
| |
| |
(5) | A transfer scheme may make consequential, supplementary, incidental or |
| |
transitional provision and may in particular— |
| |
(a) | create rights, or impose liabilities, in relation to property or rights |
| 10 |
| |
(b) | make provision about the continuing effect of things done by the |
| |
transferor in respect of anything transferred; |
| |
(c) | make provision about the continuation of things (including legal |
| |
proceedings) in the process of being done by, on behalf of or in relation |
| 15 |
to the transferor in respect of anything transferred; |
| |
(d) | make provision for references to the transferor in an instrument or |
| |
other document in respect of anything transferred to be treated as |
| |
references to the transferee; |
| |
(e) | make provision for the shared ownership or use of property; |
| 20 |
(f) | if the TUPE regulations do not apply in relation to the transfer, make |
| |
provision which is the same or similar. |
| |
(6) | A transfer scheme may provide— |
| |
(a) | for modification by agreement; |
| |
(b) | for modifications to have effect from the date when the original scheme |
| 25 |
| |
(7) | For the purposes of this section— |
| |
(a) | an individual who holds employment in the civil service is to be treated |
| |
as employed by virtue of a contract of employment, and |
| |
(b) | the terms of the individual’s employment in the civil service are to be |
| 30 |
regarded as constituting the terms of the contract of employment. |
| |
| |
“civil service” means the civil service of the State; |
| |
“TUPE regulations” means the Transfer of Undertakings (Protection of |
| |
Employment) Regulations 2006 (SI 2006/246); |
| 35 |
references to rights and liabilities include rights and liabilities relating to |
| |
a contract of employment; |
| |
references to the transfer of property include the grant of a lease. |
| |
24 | Transfer schemes: procedure |
| |
(1) | A transfer scheme made by a Minister under section 23(1)(a) may be included |
| 40 |
in an order under sections 1 to 6; but if not so included must be laid before |
| |
Parliament after being made. |
| |
(2) | A transfer scheme made by the Welsh Ministers under section 23(1)(b) may be |
| |
included in an order under section 13; but if not so included must be laid before |
| |
the National Assembly for Wales after being made. |
| 45 |
|
| |
|
| |
|
(3) | The Secretary of State’s consent is required for a transfer scheme under section |
| |
23(1)(b) transferring anything from or to the Environment Agency or the |
| |
| |
(4) | A transfer scheme made by the Secretary of State under section 23(1)(c) may be |
| |
included in an order under section 18; but if not so included must be laid before |
| 5 |
Parliament after being made. |
| |
25 | Transfer schemes: taxation |
| |
(1) | The Treasury may by order make provision varying the way in which a |
| |
relevant tax has effect in relation to— |
| |
(a) | anything transferred under a scheme under section 23, or |
| 10 |
(b) | anything done for the purposes of, or in relation to, a transfer under |
| |
| |
(2) | The provision which may be made under subsection (1)(a) includes in |
| |
particular provision for— |
| |
(a) | a tax provision not to apply, or to apply with modifications, in relation |
| 15 |
| |
(b) | anything transferred to be treated in a specified way for the purposes |
| |
| |
(c) | the person making the scheme to be required or permitted, with the |
| |
consent of the Treasury, to determine, or specify the method for |
| 20 |
determining, anything which needs to be determined for the purposes |
| |
of any tax provision so far as relating to anything transferred. |
| |
(3) | The provision which may be made under subsection (1)(b) includes in |
| |
particular provision for— |
| |
(a) | a tax provision not to apply, or to apply with modifications, in relation |
| 25 |
to anything done for the purposes of or in relation to the transfer; |
| |
(b) | anything done for the purposes of, or in relation to, the transfer to have |
| |
or not have a specified consequence or be treated in a specified way; |
| |
(c) | the person making the scheme to be required or permitted, with the |
| |
consent of the Treasury to determine, or specify the method for |
| 30 |
determining, anything which needs to be determined for the purposes |
| |
of any tax provision so far as relating to anything done for the purposes |
| |
of, or in relation to, the transfer. |
| |
(4) | An order under this section is subject to annulment in pursuance of a |
| |
resolution of the House of Commons. |
| 35 |
| |
“relevant tax” means income tax, corporation tax, capital gains tax, stamp |
| |
duty or stamp duty reserve tax; |
| |
“tax provision” means a provision of an enactment about a relevant tax; |
| |
references to the transfer of property include the grant of a lease. |
| 40 |
| |
26 | Scope of power to amend Schedule 1 to Superannuation Act 1972 |
| |
In section 1 of the Superannuation Act 1972 (superannuation schemes as |
| |
respects civil servants etc), in subsection (6) (restriction on addition to Schedule |
| |
|
| |
|
| |
|
1), after “unless” there is inserted “at the date from which the addition has |
| |
| |
| |
| |
(1) | An order under this Act must be made by statutory instrument. |
| 5 |
(2) | The provision which may be made by an order under this Act may be made by |
| |
repealing, revoking or amending an enactment (whenever passed or made). |
| |
(3) | The powers conferred by this Act are without prejudice to any other power |
| |
conferred on a Minister or the Welsh Ministers. |
| |
(4) | If the draft of an instrument containing an order under this Act (alone or with |
| 10 |
other provision) would, apart from this section, be a hybrid instrument for the |
| |
purposes of the standing orders of either House of Parliament, it is to proceed |
| |
in that House as if it were not such an instrument. |
| |
| |
| 15 |
“constitutional arrangements” is to be construed in accordance with |
| |
| |
“eligible person” has the meaning given in section 1(3); |
| |
“enactment” means any primary or subordinate legislation; |
| |
| 20 |
(a) | a Minister of the Crown (as defined by section 8 of the Ministers |
| |
of the Crown Act 1975), or |
| |
(b) | the Commissioners for Her Majesty’s Revenue and Customs; |
| |
“modify”, in relation to functions, is to be construed in accordance with |
| |
| 25 |
“modify”, in relation to funding arrangements, is to be construed in |
| |
accordance with section 4(2); |
| |
“primary legislation” means any Act, Act of the Scottish Parliament, |
| |
Northern Ireland legislation or Measure or Act of the National |
| |
| 30 |
“public function” means a function conferred under an enactment or royal |
| |
| |
“subordinate legislation” means an instrument made under primary |
| |
| |
| 35 |
(1) | This Act extends to England and Wales, Scotland and Northern Ireland. |
| |
(2) | An order under this Act which repeals, revokes or amends an enactment |
| |
extending to any other jurisdiction may also extend there. |
| |
|
| |
|