HL Deb 20 December 2004 vol 667 c1547

(1) The Ministers of the Crown Act 1975 (c. 26) is amended as follows.

(2) In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—

"(6) This section does not apply to the functions of the Lord Chancellor that are within Schedule (Protected functions of the Minister) to the Constitutional Reform Act 2004.

(7) An Order in Council under this section may amend Schedule (Protected functions of the Minister) to the Constitutional Reform Act 2004 so as to include any function which, by virtue of provision in the Order in Council—

  1. (a) is transferred to the Lord Chancellor,
  2. (b) becomes exercisable by the Lord Chancellor concurrently with another person, or
  3. (c) remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.

(8) An Order in Council under this section may not, to the extent that it amends Schedule (Protected functions of the Minister) to the Constitutional Reform Act 2004, be revoked by another Order in Council under this section."

(3) After section 5(3) (Orders under Act to be revocable) insert— (3A) Subsection (3) is subject to section 1(8)."

After Clause 13, insert the following new clause—