Legislation – The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020

Supplementary7.

(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 Foreign and Commonwealth Affairs, or

(b)

the Secretary of State for International Development,

may be continued by or in relation to the Secretary of State for Foreign, Commonwealth and Development Affairs.

(2)

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

(a)

the Secretary of State for Foreign and Commonwealth Affairs, or

(b)

the Secretary of State for International Development,

has effect, so far as is 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 Foreign, Commonwealth and Development Affairs.

(3)

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 Foreign, Commonwealth and Development Affairs of any former FCO function or former DFID 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 Foreign, Commonwealth and Development Affairs.

(4)

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 article 4(3), as if references to the Secretary of State for International Development (and references which are to be read as references to the Secretary of State for International Development) were or included references to the Secretary of State.

(5)

Documents or forms printed for use in connection with a former FCO function or former DFID function may be used in connection with that function even though they contain, or are to be read as containing, references to the transferor; and 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 Foreign, Commonwealth and Development Affairs.

(6)

Documents or forms printed for use in connection with a function transferred by article 4(3) may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for International Development; and 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.

(7)

In paragraphs (1) to (6) references to—

(a)

the Secretary of State for Foreign and Commonwealth Affairs,

(b)

the Secretary of State for International Development, 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 Foreign, Commonwealth and Development Affairs or to the Secretary of State are to be read accordingly.

(8)

In this article a reference to anything done by or in relation to the Secretary of State for International Development includes a reference to anything done pursuant to a delegation under section 3(3) of the Overseas Pensions Act 19738 (pensions and superannuation schemes: supplementary).

(9)

In this article “transferor” means—

(a)

in relation to a former FCO function or anything transferred by article 5(1), the Secretary of State for Foreign and Commonwealth Affairs, and

(b)

in relation to a former DFID function or anything transferred by article 5(2), the Secretary of State for International Development.