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Transfer of Functions (Economic Development and Education) Order 2017 Index

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c TRANSFER OF FUNCTIONS (ECONOMIC

DEVELOPMENT AND EDUCATION) ORDER 2017

Index Article Page

1 Title ................................................................................................................................... 3

2 Commencement .............................................................................................................. 3

3 Renaming of the Department of Economic Development ........................................ 3

4 Renaming of the Department of Education and Children ........................................ 3

5 Transfer of Functions from the Department of Economic Development ............... 4

6 Transfer of functions from the Department of Education and Children ................ 4

7 Consequential provisions .............................................................................................. 4

SCHEDULE 1 7

AMENDMENTS CONSEQUENT ON RENAMING THE DEPARTMENT OF

ECONOMIC DEVELOPMENT 7

SCHEDULE 2 12

AMENDMENTS CONSEQUENT ON RENAMING OF THE DEPARTMENT

OF EDUCATION AND CHILDREN 12

SCHEDULE 3 14

TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF INFRASTRUCTURE

14

SCHEDULE 4 15

TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF EDUCATION,

SPORT AND CULTURE 15

SCHEDULE 5 17

TRANSFER OF FUNCTIONS TO THE TREASURY 17

SCHEDULE 6 19

TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF ENVIRONMENT,

FOOD AND AGRICULTURE 19

Index Transfer of Functions (Economic Development and Education)

Order 2017

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SCHEDULE 7 22

TRANSFER OF FUNCTIONS FROM THE DEPARTMENT OF EDUCATION

AND CHILDREN TO THE TREASURY 22

Transfer of Functions (Economic Development and Education) Order 2017 Article 1

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Statutory Document No. 2017/0325

c Government Departments Act 1987

TRANSFER OF FUNCTIONS (ECONOMIC

DEVELOPMENT AND EDUCATION) ORDER 2017

Approved by Tynwald: 22 November 2017

Coming into Operation: in accordance with article 2

The Governor in Council makes the following Order under Schedule 2 of the

Government Departments Act 1987.

1 Title

This Order is the Transfer of Functions (Economic Development and Education)

Order 2017.

2 Commencement

(1) If approved by Tynwald, this Order comes into operation on 24

November 2017, subject to paragraph (2)1.

(2) The amendment to section 1(2A) of the Shops Act 2000 in Schedule 22 to

the Equality Act 2017 contained in Schedule 1 to this Order comes into

operation on 1 January 2018.

3 Renaming of the Department of Economic Development

(1) The Department of Economic Development is renamed the Department

for Enterprise.

(2) To give effect to paragraph (1), Schedule 1 to this Order contains

amendments to enactments as specified in that Schedule.

4 Renaming of the Department of Education and Children

(1) The Department of Education and Children is renamed the Department

of Education, Sport and Culture.

1 Paragraph 4(4) of Schedule 2 to the Government Departments Act 1987 specifies that an order

made under paragraph 1 or 2 of that Schedule shall not have effect unless it is approved by

Tynwald.

Article 5 Transfer of Functions (Economic Development and Education)

Order 2017

V01 c

(2) To give effect to paragraph (1), Schedule 2 contains amendments to

enactments as specified in that Schedule.

5 Transfer of functions from the Department of Economic Development

The following provisions have effect in respect of the transfer of functions from

the Department of Economic Development —

(a) Schedule 3 to this Order, in respect of the Department of

Infrastructure;

(b) Schedule 4 to this Order, in respect of the Department of

Education, Sport and Culture;

(c) Schedule 5 to this Order, in respect of the Treasury; and

(d) Schedule 6 to this Order, in respect of the Department of

Environment, Food and Agriculture.

6 Transfer of functions from the Department of Education and Children

Schedule 7 to this Order has effect in respect of the transfer of functions from

the Department of Education and Children to the Treasury.

7 Consequential provisions

(1) Without limiting any provision in a Schedule to this Order, a reference in

an enactment, agreement, deed, instrument, licence, consent, application,

notice or other document whatsoever to —

(a) the Department of Economic Development is to be taken as —

(i) a reference to that Department as renamed by article 3; or

(ii) a reference to the Department to which a function is

transferred from the Department of Economic

Development by this Order; and

(b) the Department of Education and Children is to be taken as —

(i) a reference to that Department as renamed by article 4; or

(ii) a reference to the Department to which a function is

transferred from the Department of Education and

Children by this Order.

(2) In this article, “enactment” includes any legislation of the United

Kingdom (or any part of it) that applies to the Island —

(a) either expressly or by implication (with or without modification);

(b) by virtue of an Order in Council; or

(c) by virtue of an Act of Tynwald or under a power contained in an

Act of Tynwald.

Transfer of Functions (Economic Development and Education) Order 2017 Article 7

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MADE 6 NOVEMBER 2017

W GREENHOW

Chief Secretary

Transfer of Functions (Economic Development and Education) Order 2017 SCHEDULE 1

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SCHEDULE 1

[article 3(2)]

AMENDMENTS CONSEQUENT ON RENAMING THE DEPARTMENT OF

ECONOMIC DEVELOPMENT

General amendments on renaming 1

In the enactments specified in column 1 of Table 1, in the provision or

provisions specified in column 2, for “Department of Economic Development”

substitute «Department for Enterprise».

Table 1

Enactment Provision

Agricultural Wages Act 1952

Section 14A(3) and (4)

Airports and Civil Aviation Act 1987 Section 11(1), (5) and (6)

Section 11A(1), (4) and (5)

Anchors and Chain Cables Act 1979 Section 2(1)

Beneficial Ownership Act 2017 Section 3(1) (in definition of “Department”)

Schedule 2, paragraph 3 (insertion into the

Limited Liability Companies Act 1996)

Schedule 4, paragraph 2 (insertion into the

Companies Act 2006)

Carriage of Goods by Sea Act 1974 Section 2

Companies (Transfer of Domicile)

Act 1998

Section 17 (definition of “Department”)

Companies Act 1931 Section 341(1) (definition of “Department”)

Companies Act 1961 Section 2(1), (2) and (3)

Companies Act 1968 Section 7(4)

Companies Act 1974 Section 5(1)

Section 22(1)

Companies Act 1982 Section 37 (definition of “Department”)

Companies Act 1986 Section 37 (definition of “Department”)

Companies Act 1992 Section 16(1) and (6)

Section 20(4)

Section 21(3)(a) and (b)

Section 24(1)(c)

Section 25A(1) and (3)

Section 26(4)

Companies Act 2006 Section 58A(1) and (3)

Section 182

Section 205A(5), paragraph (d) (in definition of

“public functions”)

Section 205B

SCHEDULE 1 Transfer of Functions (Economic Development and Education)

Order 2017

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Companies and Business Names etc

Act 2012

Section 3(1)(a)

Construction Contracts Act 2004 Section 1(4)

Section 14(1) (in definition of “the

Department”)

Consumer Protection Act 1991 Section 40F(2)

Control of Advertising Act 1981 Section 1(2)

Section 2 (in definition of “the Department”)

Control of Employment Act 2014 Section 3 (in definition of “the Department”)

Copyright Act 1991 Section 174 (in definition of “the Department”)

Copyright etc (Amendment) Act 2014 Section 2(1)

Credit Unions Act 1993 Section 2(6) in both places

Design Right Act 1991 Section 47(1) (in definition of “the

Department”)

Designated Businesses (Registration

and Oversight) Act 2015

Schedule 2 paragraph 1(1)(f)

Electronic Transactions Act 2000 Section 12 (in definition of “regulations”)

Employers’ Liability (Compulsory

Insurance) Act 1976

Section 4(2)(b)

Section 6(1) and (2)

Employment (Sex Discrimination)

Act 2000

Section 21(2)


Department”)

Employment Act 2006 Section 173(1) (in definition of “the

Department”)

Employment Agencies Act 1975 Section 12(1) (in definition of “the

Department”)

Enterprise Act 2008 Section 1


Equality Act 2017 Schedule 22, paragraph 36(2) (in amendment

to the Shops Act 2000)

Fair Trading Act 1996 Section 7A(6)(b)

Financial Services Act 2008 Schedule 5, paragraph 2(1)(da)

Fishing Vessels (Safety Provisions)

(Isle of Man) Act 1974

Section 7(1)

Section 9(1) (in definitions of “the

Department” and “Department of Economic

Development rules”)

Foreign Companies Act 2014 Section 3 (in definition of “Department”)

Foundations Act 2011 Section 3 (in definition of “Department”)

Gambling Duty Act 2012 Section 27(1)(c)

Government Departments Act 1987 Section 1(1)(a)

Harbours Act 2010 Section 22(6)(d) and (7) and 49(4)(d)

Housing (Miscellaneous Provisions)

Act 1976

Schedule 3, paragraph 3(a)

Income Tax Act 1970 Section 2A(2) and (3)


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Incorporated Cell Companies Act

2010

Section 3(1) (in definition of “Department”)

Industrial and Building Societies Act

1892

Section 2 (in definition of “Department”)

Insurance (Amendment) Act 2017 Section 46(2) (insertion into the Insurance Act

2008)

Manx Museum and National Trust

Act 1959


Marine Infrastructure Management

Act 2016

Sections 11(1)(c), 15(5)(b), 19(8)(b), 23(2)(b) and

41(1)(b)

Merchant Shipping (Amendment)

Act 2007

Section 4(2)

Merchant Shipping (Detention of

Ships) Act 1979

Section 1(1)(a)


Merchant Shipping (Load Lines) Act

1981

Schedule 2, Part I (in definition of “the

Department”)

Merchant Shipping (Masters and

Seamen) Act 1979

Section 1(2)


Department”)

Merchant Shipping (Miscellaneous

Provisions) Act 1996

Sections 1(5), 16(1), (3) and (4)(a)


Schedule 1, Part II, paragraph 5(2)

Merchant Shipping (Passenger Ships’

Survey) Act 1979


Merchant Shipping Act 1985 Section 7 (in definition of “the Department”)

Merchant Shipping Registration Act

1984

Section 3(1) (in definition of “the Department”)

Merchant Shipping Registration Act

1991


Minimum Wage Act 2001 Section 1(3)


Department”)

Non-Resident Traders Act 1983 Section 1(2A)

Oil Pollution Act 1986 Section 9A(1) and (2)

Section 10 (1) and (2)

Section 11(1), (2) and (5)

Section 14(1), (3)(c), (4)(aa) and (b)


Section 16


Section 20


Online Gambling Regulation Act 2001 Section 4(3)(b)

Partnership Act 1909 Section 2 (in definition of “Department”)

Pedlars and Street Traders Act 1906 Section 2 (in definition of “Department”)

Performers Protection Act 1996 Section 17(5) (in definition of “prescribed”)


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Post Office Act 1993 Section 3 and the heading to that section


Protected Cell Companies Act 2004 Section 5(1) and (2)

Section 25(1)(a)

Section 35

Recreation and Leisure Act 1998 Long title


Section 8(4)(a)

Redundancy Payments Act 1990 Section 12(1)(b)


Department”)

Registration of Business Names Act

1918

Section 2 (in definition of “Department”)

Registration of Business Names Act

1954

Section 2(5)

Shipping Casualties (Inquiries,

Investigations and Reports) Act 1979


Shops Act 2000 Section 5(5)

Section 13(5)

Tourism (Registration and Grading)

Act 1996

Section 3(3)

Section 7(3)

Schedule 2, paragraph 2

Tourist Act 1975 Section 1 and the heading to that section


Tourist Premises (Provision and

Improvement) Act 1977

Section 1(1)


Department”)

Trade Disputes Act 1985 Section 8

Trade Unions Act 1991 Section 1(3)

Section 7(1)

Section 21(3)

Value Added Tax Act 1996 Schedule 10, Group 3, Note 4(a)2

Companies Act 1931 2

In section 70A(3) of the Companies Act 1931 (conversion of bearer shares)—

(a) for “Department of Economic Development”, substitute

«Department»; and

(b) for “by that Department”, substitute «by the Department».

Limited Liability Companies Act 1996 3

The Limited Liability Companies Act 1996 is amended as follows. (1)

2 Note also footnote 10 to Note 4(a).


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For “Department of Economic Development”, substitute (2)

«Department» in —

(a) section 11 and the heading to that section (Department of

Economic Development may strike defunct limited liability

company off register);

(b) section 11B(2) (restoration of dissolved limited liability companies

to the register);

(c) section 26(1) (inspection of affairs of companies); and

(d) section 51(1A) (public documents).

In section 51A for the words following “Order 2015)” substitute — (3)

«and “Department” means the Department for Enterprise.».

Equality Act 2017 4

In the Equality Act 2017 —

(a) for the definition of “DED” in section 3(1), substitute «“DfE”

means the Department for Enterprise;»; and

(b) for “DED” wherever occurring, substitute «DfE».

Freedom of Information Act 2015 5

In the Freedom of Information Act 2015 —

(a) renumber and accordingly relocate paragraph 2 of Schedule 1 as

paragraph 3A; and

(b) in the text and heading to that paragraph, for “Department of

Economic Development”, substitute «Department for

Enterprise».


Order 2017

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SCHEDULE 2

[article 4(2)]

AMENDMENTS CONSEQUENT ON RENAMING OF THE DEPARTMENT OF

EDUCATION AND CHILDREN

General amendments on renaming 1

In the enactments specified in column 1 of Table 2, in the provision or

provisions specified in column 2, for “Department of Education and Children”

substitute «Department of Education, Sport and Culture».

Table 2

Enactment Provision

Blind Persons Welfare Act 1937 Section 10 and the heading to that section

Children and Young Persons Act 1966 Section 8(1A) and (4)

Children and Young Persons Act 2001 Section 46(5)

Schedule 9 paragraphs 4(7), 7(1) and 7(2)(a)

Chronically Sick and Disabled Persons

Act 1981

Section 12(1)

Copyright Act 1991 Section 171(2)

Criminal Justice Act 1991 Section 27B(6)

Criminal Justice Act 2001 Section 28(12)

Cruelty to Animals Act 1997 Section 16(2)(b)

Section 32(3)

Data Protection Act 2002 Section 26(2)(b)

Section 62(1), in paragraphs (a) and (c)(i) (in

definition of “educational record”)

Douglas Head Act 2000 Section 2(8)(b)(i)

Education (Miscellaneous Provisions)

Act 2009

Sections 1(1)(b) and 5(4)

Education Act 2001 Section 1(1)


Department”)

Employment Act 2006 Section 39(2)(d)

Schedule 5, paragraph 10(2)(a)

Freedom of Information Act 2015 Schedule 1, paragraph 3

Government Departments Act 1987 Section 1(1)(c)

Income Tax Act 1970 Section 39D(5)(a)

Section 106F and the heading to that section

Licensing Act 1995 Section 22(4)

Local Government Act 2006 Section 18(1)

Schedule 2, paragraphs 3, 4 and 5

Manx Heritage Foundation Act 1982 Section 6

Misuse of Drugs Act 1976 Section 1(4)


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National Health Service Act 2001 Sections 16(6)(a) and (8) and 17(b)

Public Sector Pensions Act 2011 Section 3(3)(e)

Schedule 1, paragraph 1(2)(a)

Recreation and Leisure Act 1998 Long title


Redundancy Payments Act 1990 Section 1(4)

Regulation of Care Act 2013 Section 54(2)

Road Traffic Regulation Act 1985 Sections 8(1) and 33(3)(c)

Tynwald Commissioner for

Administration Act 2011

Section 11(2)(i)

Value Added Tax Act 1996 Schedule 10, Group 6 Note (1)(a)(i)

Equality Act 2017 2

In the Equality Act 2017 —

(a) in section 3(1) (interpretation), for ““DEC” means the Department

of Education and Children”, substitute «“DESC” means the

Department of Education, Sport and Culture»;

(b) for “DEC” wherever occurring, substitute «DESC»; and

(c) in consequence of the amendment made by sub-paragraph (a), re-

order the definitions in section 3(1).


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SCHEDULE 3

[article 5(a)]

TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF INFRASTRUCTURE

1 Transfer of functions

The functions of the Department of Economic Development under the following

provisions are transferred —

(a) the Petroleum Act 1986, other than section 5(1) (power to inspect

plans of mines); and

(b) the Territorial Sea (Consequential Provisions) Act 1991.

2 Consequential amendments

The Acts specified in sub-paragraphs (2) to (3) are consequentially (1)

amended as follows.

In the Petroleum Act 1986 — (2)

(a) for “Department of Economic Development”, substitute

«Department of Infrastructure» in section 1 and the heading to

that section (vesting of property in petroleum in the Department

of Economic Development);

(b) in section 1(2) for “Department”, substitute «Department of

Economic Development or any of its predecessors»; and

(b) for “Department of Economic Development”, substitute

«Department» in —

(i) section 6(1) (application of certain legislation relating to

petroleum development); and

(ii) section 7 (texts of applied legislation).

In section 2(1) and (4) of the Territorial Sea (Consequential Provisions) (3)

Act 1991 (minerals and petroleum) for “Department of Economic

Development”, substitute «Department of Infrastructure».


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SCHEDULE 4

[article 5(b)]

TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF EDUCATION, SPORT

AND CULTURE


(1) The functions of the Department of Economic Development under the

Villa Marina Act 1999 are transferred.

(2) The functions of the Department of Economic Development in respect of

the Gaiety Theatre are also transferred.

(3) The functions of the Department of Economic Development are

transferred in relation to the provision of —

(a) the Vocational Training Assistance Scheme (previously known as

the “VTFSS”);

(b) the Junior Achievement Award;

(c) general vocational training;

(d) fees to the University College Isle of Man; and

(e) the Skills Development Scheme 2007 (known as “Apprentice

Wage Support”).


The Acts specified in paragraphs 3 and 4 are consequentially amended as

follows.

3 Villa Marina Act 1999

In the Villa Marina Act 1999 —

(a) for the long title, substitute «AN ACT to make provision for the

vesting of the title to the Villa Marina; and for connected

purposes.»; and

(b) in section 1 (vesting of Villa Marina) for “Transfer of Functions

(Dissolution of the Department of Community, Culture and

Leisure) Order 2014 vest in the Department of Economic

Development (in this Act referred to as “the Department”) as it

was vested in the former Department of Community, Culture and

Leisure immediately before such commencement.”, substitute —

«Transfer of Functions (Economic Development and Education) Order

2017 vest in the Department of Education, Sport and Culture (in this Act

referred to as the Department”) as it was vested in the Department of

Economic Development immediately before such commencement.».


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4 Education Act 2001

In the Education Act 2001, for section 32(1) and (2) and the heading to that

section (continuing education), substitute —

« 32 Continuing education, training and support

(1) The Department shall make such arrangements as it considers

appropriate for continuing the education (otherwise than in

accordance with section 31), training and support of —

(a) persons in the Island over compulsory school age who

have completed their full-time education; and

(b) their employers.

(2) Education, training and support provided under arrangements

made under subsection (1) is in this Act referred to as “continuing

education”.».


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SCHEDULE 5

[article 5(c)]

TRANSFER OF FUNCTIONS TO THE TREASURY


The functions of the Department of Economic Development are transferred in

relation to the provision of employment and training initiatives, including —

(a) the Employment Rehabilitation Scheme 19893;

(b) the Employment (Persons with Disabilities etc.) Scheme 19994; and

(c) any other arrangements, support or payments (by way of grant,

loan, allowance or otherwise) designed to assist persons to obtain

or retain employment, but subject to any more specific provision

of this Order.

Here “employment” includes self-employment.


In the Employment Act 2006, after section 171 insert —

«171A Arrangements for employment and training

P1973/50/2

(1) The Treasury shall make such arrangements as it considers

appropriate for the purpose of assisting persons to —

(a) select, train for, obtain and retain employment; or

(b) obtain employees (including partners and other business

associates).

(2) Arrangements under this section may —

(a) include arrangements for providing temporary

employment for persons in the Island who are without

employment;

(b) include arrangements for encouraging increases in the

opportunities for employment and training that are

available to persons with a disability;

(c) subject to the restriction of paragraph (a) to persons in the

Island, be made in respect of employment and training

anywhere in the Island or elsewhere;

3 GC 1989/0308 4 GC 1999/0024


Order 2017

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(d) provide for the making of payments by the Treasury, by

way of grant, loan, allowance or otherwise —

(i) to persons who provide facilities or training under

the arrangements;

(ii) to persons who use or will use those facilities or

undertake that training; and

(iii) to other persons specified in or determined under

the arrangements;

(e) provide for the making of payments to the Treasury by

other parties to the arrangements and by persons who use

those facilities or undertake that training; and

(f) include arrangements for securing that assistance in

relation to the matters mentioned in subsection (1) is

provided by persons other than the Treasury.

(3) The Treasury may make any regulations which the Treasury

considers are necessary or expedient to give effect to this section.

(4) Regulations under subsection (3) may in particular —

(a) provide for their contravention to be an offence and

prescribe a penalty for commission of the offence of a fine

not exceeding level 5 on summary conviction;

(b) permit a person to exercise a discretion in respect of any of

the matters specified in the regulations; and

(c) contain consequential, incidental supplementary and

transitional provisions which the Treasury considers to be

necessary or expedient.

(5) Regulations made under subsection (3) must not come into

operation unless they are approved by Tynwald.

(6) In this section “employment” means employment under a

contract of service or apprenticeship or a contract for services or

otherwise than under a contract.».


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SCHEDULE 6

[article 5(d)]

TRANSFER OF FUNCTIONS TO THE DEPARTMENT OF ENVIRONMENT,

FOOD AND AGRICULTURE


The functions of the Department of Economic Development under the following

provisions are transferred —

(a) the Minerals Act 1986; and

(b) the Mineral Workings (Offshore Installations) Act 1974.


(1) In the Minerals Act 1986 —

(a) in section 1(1) (vesting of mines and minerals in the Department)

for “Department of Economic Development”, substitute

«Department of Environment, Food and Agriculture»;

(b) for the cross heading preceding section 1, substitute —

«Vesting of mines, minerals and coal in the Department of Environment, Food

and Agriculture»;

(c) after section 1, insert —

«1A Vesting of coal in the Department

(1) The property in —

(a) coal existing in natural condition; and

(b) all mines for the working of coal;

on, in or under the sea bed beneath the extended territorial sea is

vested in the Department free from all claims or estates

whatsoever.

(2) In this section, ‘coal’ means bituminous coal, cannel coal and

anthracite.

(3) This section is without prejudice to sections 1 to 3 of the Territorial

Sea (Consequential Provisions) Act 1991.»;

(d) for section 5 substitute —

«5 Powers to work mines and minerals

(1) The Department may, subject to any rights conferred by any lease

or licence granted by the Department, work any mines and


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minerals vested in the Department and may dispose of any

minerals so worked by sale or otherwise.

(2) The Department of Infrastructure may, subject to a lease or licence

being granted by the Department and in accordance with the lease

or licence, work any mines and minerals and may dispose of any

minerals so worked by sale or otherwise.»; and

(e) for “section 5”, substitute «section 5(1)» in —

(i) section 11(1) and (3) (conditions of disposal);

(ii) section 12 (rights of entry and user of land containing

mines and minerals vested in the Department); and

(iii) section 29A (powers of entry and inspection: issue of

warrants).

(2) In the Flood Risk Management Act 2013 —

(a) in section 25(3) (spoil from works) for “Department of Economic

Development”, substitute «Department of Environment, Food

and Agriculture»; and

(b) for section 69(1)(a) (mineral rights) substitute —

«(a) the functions or the rights of any of the following (a

“specified person”) under the Minerals Act 1986 —

(i) the Department of Environment, Food and

Agriculture (“DEFA”);

(ii) a person on whom rights have been conferred by a

lease, licence, permission or permit granted by

DEFA under that Act; or».

(3) For section 5(1) of the Petroleum Act 1986 (power to inspect plans of

mines), substitute —

«(1) For the purpose of ascertaining on behalf of the Department of

Environment, Food and Agriculture, the position of the workings,

actual and prospective, of any mines or abandoned mines through

or near which it is proposed to sink any shaft or borehole for the

purpose of searching for or getting petroleum, any person

authorised in writing by that Department may inspect and take

copies of any plans of any mines or abandoned mines in the

possession of any person.».

Omit section 106A of the Highways Act 1986 (power to work minerals). (4)

In section 35(2A) of the Limitation Act 1984 (application to the Crown), (5)

for “Department of Economic Development”, substitute «Department of

Environment, Food and Agriculture».

In section 12(1) of the Mineral Workings (Offshore Installations) (Isle of (6)

Man) Act 1974 (interpretation), for “Department of Economic


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Development”, substitute «Department of Environment, Food and

Agriculture».

The Territorial Sea (Rights to Coal) Act 1996 is repealed. (7)


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SCHEDULE 7

[article 6]

TRANSFER OF FUNCTIONS FROM THE DEPARTMENT OF EDUCATION AND

CHILDREN TO THE TREASURY

1 Functions in respect of funding for school meals

(1) The functions of the Department of Education and Children under

section 39(2) of the Education Act 2001—

(a) under paragraph (a) are transferred to the Treasury; and

(b) under paragraph (c) are transferred to the Treasury to the extent

necessary to make them exercisable by the Department of

Education, Sport and Culture with the concurrence of the

Treasury.

(2) Paragraph 2 makes amendments consequent on the transfer.


(1) Section 39 is amended in accordance with sub-paragraphs (2) and (3).

(2) In subsection (2) omit paragraph (a).

(3) After subsection (2) insert —

«(2A) Regulations under subsection (2)(c) may only be made with the

concurrence of the Treasury.

(2B) Regulations made by the Treasury may make provision about the

manner in which, and the persons by whom, the expense of

providing such food or refreshment is to be defrayed.».

(4) In section 58 (subordinate legislation), after “Regulations made by the

Department” insert «or the Treasury».

Transfer of Functions (Economic Development and Education) Order 2017 Explanatory Note

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order renames —

(a) the Department of Economic Development as the Department for

Enterprise; and

(b) the Department of Education and Children as the Department of

Education, Sport and Culture,

and makes amendments to enactments which are necessary as a consequence of the

renaming of those Departments.

This Order transfers certain functions —

(a) from the Department of Economic Development to —

(i) the Department of Infrastructure;

(ii) the Department of Education, Sport and Culture;

(iii) the Treasury; and

(iv) the Department of Environment, Food and Agriculture; and

(b) from the Department of Education and Children to the Treasury,

and makes amendments to enactments which are necessary as a consequence of those

transfers of functions.

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