Page:Ministers of the Crown Act 1975 (UKPGA 1975-26 qp).pdf/5

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Ministers of the Crown Act 1975
c. 263

Changes in departments of office of Secretary of State, or in their functions. 2.—(1) Her Majesty may in connection with any change in the departments of the office of Secretary of State, or any change in the functions of a Secretary of State, by Order in Council make such incidental, consequential and supplemental provisions as may be necessary or expedient in connection with the change, including provisions—

(a) for making a Secretary of State a corporation sole,
(b) for the transfer of any property, rights or liabilities to or from a Secretary of State,
(c) for any adaptations of enactments relating to a Secretary of State, or to the department of a Secretary of State,
(d) for the substitution of one Secretary of State, or department of a Secretary of State, for another in any instrument, contract or legal proceedings made or commenced before the date when the Order takes effect.

(2) A certificate issued by a Minister of the Crown that any property vested in any other Minister immediately before an Order under this section takes effect has been transferred by virtue of the Order to the Minister issuing the certificate shall be conclusive evidence of the transfer.

(3) This section applies only to changes after 27th June 1974, and to the creation (in that year) of the Departments of Energy, Industry, Trade, and Prices and Consumer Protection.

Transfer of property etc. by or to Secretary of State. 3.—(1) This section applies where any enactment (including an order under this Act) provides that a named Secretary of State and his successors shall be a corporation sole, and applies whether or not the office of corporation sole is for the time being vacant.

(2) Anything done by or in relation to any other Secretary of State for the named Secretary of State as a corporation sole shall have effect as if done by or in relation to the named Secretary of State.

(3) Without prejudice to the preceding provisions of this section, any deed, contract or other instrument to be executed by or on behalf of the named Secretary of State as a corporation sole shall be valid if under the corporate seal of that Secretary of State authenticated by the signature of any other Secretary of State, or of a Secretary to any department of a Secretary of State, or of a person authorised by any Secretary of State to act in that behalf.