Constitutional Reform and Governance Act 2010

Power to manage the civil service

40 (1) So far as—

(a) an Order in Council revoked by Part 2 of this Schedule was not made under old management functions, or

(b) a relevant transferred function is not an old management function,

the subject matter of the Order or function reverts to Her Majesty and may be dealt with (including delegated) by Her accordingly.

(2) Civil servants who, immediately before this paragraph comes into force, held their positions in the civil service of the State under or subject to—

(a) an Order in Council revoked by Part 2 of this Schedule so far as it was not made under old management functions, or

(b) a relevant transferred function so far as it is not an old management function,

continue to hold their positions but on the basis mentioned in sub-paragraph (1).

(3) “Relevant transferred function” means a function which—

(a) has been delegated by Her Majesty in relation to the management of the civil service of the State (excluding the Northern Ireland Civil Service), and

(b) has been the subject of a transfer of functions Order (as that term was defined in section 1(5) of the Civil Service (Management Functions) Act 1992 before its repeal by Part 1 of this Schedule).