The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 No. 1265

SCHEDULES

SCHEDULE 2 U.K. Consequential amendments

PART 2 U.K. Secondary legislation

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) U.K.

28.—(1) The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

(2) In regulation 3(1)(1), in the definition of “digital service” for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(3) In regulation 26(2)—

(a) in paragraph (6), for “Minister for the Cabinet Office” substitute “Secretary of State”,

(b) in paragraph (6A), for “Minister” substitute “Secretary of State”,

(c) in paragraph (9)—

(i) for “Minister for the Cabinet Office” substitute “Secretary of State”, and

(ii) for “Minister” substitute “Secretary of State”, and

(d) in paragraph (11), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(4) In regulation 26A(3)—

(a) in paragraph (3), for “Minister for the Cabinet Office” substitute “Secretary of State”, and

(b) in paragraph (3A), for “Minister” substitute “Secretary of State”.

(5) In regulation 29ZA(4)—

(a) in paragraph (1), for “Minister for the Cabinet Office”, in both places, substitute “Secretary of State for Levelling Up, Housing and Communities”,

(b) in paragraph (2)—

(i) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(ii) after “Secretary of State” insert “for Work and Pensions”,

(c) in paragraph (3), after “Secretary of State”, in each place, insert “for Work and Pensions”,

(d) in paragraph (4)—

(i) after “Secretary of State” insert “for Work and Pensions”, and

(ii) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

(e) in paragraphs (5) and (6), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(f) in paragraph (7), omit sub-paragraph (b).

(6) In regulation 29ZB(5), in paragraphs (7) and (8), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(7) In regulation 29—

(a) in paragraph (2BF)(b)(6), for “Minister for the Cabinet Office” substitute “Secretary of State”, and

(b) in paragraph (2BG)(7), for “Minister” substitute “Secretary of State”.

(8) In regulation 32ZBA(7)(a)(8), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(9) In regulation 32ZBB(9)—

(a) in paragraphs (1) and (2), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

(b) in paragraph (3)—

(i) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(ii) after “Secretary of State” insert “for Work and Pensions”,

(c) in paragraph (4), after “Secretary of State”, in each place, insert “for Work and Pensions”,

(d) in paragraph (5)—

(i) after “Secretary of State” insert “for Work and Pensions”, and

(ii) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

(e) in paragraphs (6) and (7), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(f) in paragraph (9) —

(i) in paragraph (e) of the definition of “matching data”, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(ii) omit the definition of “the Secretary of State”.

(10) In regulation 32ZBC(10), in paragraphs (3), (4) and (5), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(11) In regulation 32ZBG(11), in each of paragraphs (1)(b) and (3), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(12) In regulation 32ZC(12)—

(a) in paragraph (1)(b), for “Minister for the Cabinet Office” substitute “Secretary of State”, and

(b) in paragraph (1A), for “Minister” substitute “Secretary of State”.

Commencement Information

I1 Sch. 2 para. 28 in force at 8.12.2021, see art. 1(2)

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) U.K.

29.—(1) The Representation of the People (Scotland) Regulations 2001 are amended as follows.

(2) In regulation 3(1)(13), in the definition of “digital service” for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(3) In regulation 26(14)—

(a) in paragraphs (6) and (6A), for “Minister for the Cabinet Office” substitute “Secretary of State”,

(b) in paragraph (9)—

(i) for “Minister for the Cabinet Office” substitute “Secretary of State”, and

(ii) for “Minister” substitute “Secretary of State”, and

(c) in paragraph (11), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(4) In regulation 26A(15), in paragraphs (3) and (3A), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(5) In regulation 29ZA(16)—

(a) in paragraph (1), for “Minister for the Cabinet Office”, in both places, substitute “Secretary of State for Levelling Up, Housing and Communities”,

(b) in paragraph (2)—

(i) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(ii) after “Secretary of State” insert “for Work and Pensions”,

(c) in paragraph (3), after “Secretary of State”, in each place, insert “for Work and Pensions”,

(d) in paragraph (4)—

(i) after “Secretary of State” insert “for Work and Pensions”, and

(ii) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

(e) in paragraphs (5) and (6), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(f) in paragraph (7), omit sub-paragraph (b).

(6) In regulation 29ZB(17), in paragraphs (7) and (8), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(7) In regulation 29(2AF)(b)(18) and (2AG)(19), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(8) In regulation 32ZBA(7)(a)(20), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(9) In regulation 32ZBB(21)—

(a) in paragraphs (1) and (2), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

(b) in paragraph (3)—

(i) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(ii) after “Secretary of State” insert “for Work and Pensions”,

(c) in paragraph (4), after “Secretary of State”, in each place, insert “for Work and Pensions”,

(d) in paragraph (5)—

(i) after “Secretary of State” insert “for Work and Pensions”, and

(ii) for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

(e) in paragraphs (6) and (7), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(f) in paragraph (9) —

(i) in paragraph (e) of the definition of “matching data”, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

(ii) omit the definition of “the Secretary of State”.

(10) In regulation 32ZBC(22), in each of paragraphs (3), (4) and (5), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(11) In regulation 32ZBG(23), in each of paragraphs (1)(b) and (2), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(12) In regulation 32ZC(24), in paragraphs (1)(b) and (1A), for “Minister for the Cabinet Office” substitute “Secretary of State”.

Commencement Information

I2 Sch. 2 para. 29 in force at 8.12.2021, see art. 1(2)

Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) U.K.

30.—(1) The Police and Crime Commissioner Elections Order 2012 is amended as follows.

(2) In article 2(1)(25), omit the definition of “the Minister”.

(3) In the following provisions, in each place, for “Minister” substitute “Secretary of State”—

(a) article 6(1) and (2)(26);

(b) article 16(1)(27);

(c) article 36(1)(28);

(d) article 52(1) and (4)(29);

(e) article 64(7)(30);

(f) paragraphs 21(6) and 59(5) of Schedule 2(31);

(g) paragraph 62(4)(a) of Schedule 3(32);

(h) paragraph 3(4) of Schedule 5(33);

(i) paragraphs 15(2) to (7) and 16(1) and (3) of Schedule 7(34);

(j) paragraphs 6(1)(c), 7(5) and (6), 8(1) and (2) and the heading to that paragraph, 9(1) and (4), 10(1)(a), 12(1), (2)(d) and (6)(c) and 13(1) to (4) of Schedule 8(35);

(k) in Part 1 of Schedule 9, in the table, in the modifications to sections 131, 132, 133 and 181 of the Representation of the People Act 1983(36);

(l) paragraph 1(3) of Schedule 10(37).

Commencement Information

I3 Sch. 2 para. 30 in force at 8.12.2021, see art. 1(2)

Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 (S.I. 2012/2088) U.K.

31.  In regulation 3 of the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012(38), omit “or the Minister for the Cabinet Office”.

Commencement Information

I4 Sch. 2 para. 31 in force at 8.12.2021, see art. 1(2)

Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020 (S.I. 2020/926) U.K.

32.  In article 10 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020—

(a) in paragraphs (2) and (4), for “Minister”, in each place, substitute “Secretary of State”, and

(b) in paragraph (7), omit the definition of “the Minister”.

Commencement Information

I5 Sch. 2 para. 32 in force at 8.12.2021, see art. 1(2)

(1)

The definition of “digital service” was inserted by S.I. 2013/3198, regulation 3 and amended by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(2)

Regulation 26 was substituted by S.I. 2013/3198, regulation 10. Paragraph (6) was amended by S.I. 2015/1376, Schedule 2, S.I. 2016/997, Schedule 2 and S.I. 2016/694, regulation 4. Paragraph (6A) was inserted by S.I. 2018/644, Schedule 2. Paragraph (9) was amended by S.I. 2015/1376, Schedule 2, S.I. 2016/997, Schedule 2 and S.I. 2018/272, regulation 2. Paragraph (11) was amended by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(3)

Regulation 26A was inserted by S.I. 2013/3198, regulation 11. Paragraph (3) was amended by S.I. 2015/1376, Schedule 2 and S.I. 2016/997. Paragraph (3A) was inserted by S.I. 2018/644, Schedule 2.

(4)

Regulation 29ZA was inserted by S.I. 2013/3198, regulation 14. Paragraph (1) was amended by S.I. 2015/467, regulation 4, S.I. 2015/1971, regulation 5 and S.I. 2016/997, Schedule 2. Paragraphs (2) and (4) to (6) were amended by S.I. 2016/997, Schedule 2.

(5)

Regulation 29ZB was inserted by S.I. 2013/3198, regulation 14. Paragraphs (7) and (8) were amended by S.I. 2016/997, Schedule 2.

(6)

Paragraphs (2BA) to (2BF) of regulation 29 were substituted by S.I. 2015/1971, regulation 6. Paragraph (2BF) was amended by S.I. 2016/997, Schedule 2.

(7)

Paragraph (2BG) was inserted by S.I. 2018/644, Schedule 2.

(8)

Regulation 32ZBA was inserted by S.I. 2019/1451, regulation 11.

(9)

Regulation 32ZBB was inserted by S.I. 2019/1451, regulation 11. Paragraph (1) was amended by S.I. 2020/50, regulation 13.

(10)

Regulation 32ZBC was inserted by S.I. 2019/1451, regulation 11.

(11)

Regulation 32ZBG was inserted by S.I. 2019/1451, regulation 11.

(12)

Regulation 32ZC was inserted by S.I. 2013/3198, regulation 22. Paragraph (1) was amended by S.I. 2016/997, Schedule 2. Paragraph (1A) was inserted by S.I. 2018/644, Schedule 2.

(13)

The definition of “digital service” was inserted by S.I. 2013/3198, regulation 3 and amended by S.I. 2015/1376, Schedule 2, S.I. 2016/997, Schedule 2, S.I. 2019/1451, regulation 14 and S.S.I. 2020/113, regulation 3.

(14)

Regulation 26 was substituted by S.I. 2013/3206, regulation 10. Paragraph (6) was amended by S.I. 2015/1376, Schedule 2, S.I. 2016/997, Schedule 2 and S.I. 2017/604, regulation 4. Paragraph (6A) was inserted by S.I. 2017/602, regulation 3. Paragraph (9) was amended by S.I. 2015/1376, Schedule 2, S.I. 2016/997, Schedule 2 and S.I. 2017/602, regulation 4. Paragraph (11) was amended by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(15)

Regulation 26A was inserted by S.I. 2013/3206, regulation 11. Paragraph (3) was amended by S.I. 2015/1376, Schedule 2 and S.I. 2016/997. Paragraph (3A) was inserted by S.I. 2017/602, regulation 5.

(16)

Regulation 29ZA was inserted by S.I. 2013/3206, regulation 14. Paragraph (1) was amended by S.I. 2015/450, regulation 4, S.I. 2015/1966, regulation 5 and S.I. 2016/997, Schedule 2. Paragraphs (2) and (4) to (6) were amended by S.I. 2016/997, Schedule 2.

(17)

Regulation 29ZB was inserted by S.I. 2013/3206, regulation 14. Paragraphs (7) and (8) were amended by S.I. 2016/997, Schedule 2.

(18)

Paragraphs (2AA) to (2AF) of regulation 29 were substituted by S.I. 2015/1966, regulation 6. Paragraph (2AF) was amended by S.I. 2016/997, Schedule 2.

(19)

Paragraph (2AG) was inserted by S.I. 2017/602, regulation 6.

(20)

Regulation 32ZBA was inserted by S.I. 2019/1451, regulation 18.

(21)

Regulation 32ZBB was inserted by S.I. 2019/1451, regulation 18. Paragraph (1) was amended by S.S.I. 2020/113, regulation 8.

(22)

Regulation 32ZBC was inserted by S.I. 2019/1451, regulation 18.

(23)

Regulation 32ZBG was inserted by S.I. 2019/1451, regulation 18.

(24)

Regulation 32ZC was inserted by S.I. 2013/3206, regulation 22. Paragraph (1) was amended by S.I. 2016/997, Schedule 2. Paragraph (1A) was inserted by S.I. 2017/602, regulation 8.

(25)

The definition of “the Minister” was inserted in article 2(1) by S.I. 2015/1526, Schedule and amended by S.I. 2016/997, Schedule 2.

(26)

Article 6(1) and (2) was amended by S.I. 2015/1526, Schedule.

(27)

Article 16(1) was amended by S.I. 2015/1526, Schedule.

(28)

Article 36(1) was amended by S.I. 2015/1526, Schedule.

(29)

Article 52(1) was amended by S.I. 2014/1963, article 3 and S.I. 2015/1526, Schedule. Article 52(4) was amended by S.I. 2014/1963, article 3.

(30)

Article 64(7) was amended by S.I. 2015/1526, Schedule.

(31)

Paragraphs 21(6) and 59(5) were amended by S.I. 2015/1526, Schedule.

(32)

Paragraph 62(4)(a) was amended by S.I. 2015/1526, Schedule.

(33)

Paragraph 3(4) was amended by S.I. 2015/1526, Schedule.

(34)

Paragraphs 15(2) to (7) and 16(1) and (3) were amended by S.I. 2015/1526, Schedule.

(35)

These paragraphs were amended by S.I. 2015/1526, Schedule. Paragraph 13(4) was also amended by S.I. 2014/1963, article 4.

(36)

These modifications were amended by S.I. 2015/1526, Schedule.

(37)

Paragraph 1(3) was amended by S.I. 2015/1526, Schedule.

(38)

Regulation 3 was amended by S.I. 2015/1526, Schedule, and S.I. 2016/997, Schedule 2.