Act

Ministers of the Crown Act 2026

2026 c. 3

Ministers of the Crown Act 2026
2026 CHAPTER 3
An Act to consolidate and make provision relating to the redistribution of functions between Ministers of the Crown, the alteration of the style and title of Ministers, changes consequential on the organisation of government, and connected matters.
Be it enacted by the Lord Lieutenant, by and with the advice and consent of the House of Commons and the House of Lords in this present Parliament assembled, and by the authority of the same, as follows:—
1. Power by Order in Council to transfer ministerial functions
(1) The Lord Lieutenant may by Order in Council make provision for—
(a) the transfer to a Minister of the Crown of any functions previously exercisable by another Minister of the Crown;
(b) the transfer to a Minister of the Crown of functions previously exercisable by two or more Ministers jointly;
(c) the exercise by a Minister of functions concurrently with another Minister;
(d) the cessation of concurrent or joint exercise of functions;
(e) the transfer to the Lord Lieutenant’s Treasury of functions relating principally to public finance, accounts or public resources where the transfer is otherwise constitutionally appropriate.
(2) An Order under this section may provide that the Minister to whom functions are transferred is to be known by such style and title as the Order specifies.
(3) An Order under this section may make different provision for different functions or purposes.
2. Transfer of property, rights and liabilities
(1) An Order under section 1 may make provision for the transfer of property, rights and liabilities held or incurred in connection with transferred functions.
(2) The Order may make provision for the continuation, substitution or transfer of contracts, proceedings, records, accounts, authorisations and other administrative matters connected with the transferred functions.
(3) A transfer under this section does not affect the validity of anything lawfully done before the transfer.
3. Consequential and supplementary provision
(1) An Order under section 1 may make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Lord Lieutenant considers appropriate for giving full effect to the transfer of functions.
(2) Provision under subsection (1) may include provision—
(a) substituting the name or title of a Minister in an enactment or instrument;
(b) adapting references to a department or office;
(c) preserving the continuity of appointments, delegations and authorisations;
(d) preserving legal proceedings, decisions, records and liabilities; and
(e) providing for shared services or administrative support during implementation of the transfer.
(3) An Order under section 1 may amend or revoke subordinate legislation where necessary in consequence of the Order.
4. Ministers and departments
(1) The organisation of ministerial departments and the allocation of non-statutory responsibilities within the Government may be determined by the Chief Minister in accordance with constitutional practice.
(2) Nothing in subsection (1) authorises the transfer, creation or abolition of a statutory function otherwise than in accordance with law.
(3) Where a machinery-of-government change requires statutory functions to be transferred between Ministers, the transfer must be effected under this Act or another applicable enactment.
5. Validity of acts following transfer
(1) Anything done by or in relation to a transferor Minister before a transfer under this Act has effect, so far as necessary for continuity, as if done by or in relation to the transferee Minister.
(2) Anything which is in the process of being done by or in relation to a transferor Minister may be continued by or in relation to the transferee Minister.
(3) A transfer does not of itself invalidate an appointment, decision, proceeding, record, instrument, authorisation or other act lawfully made before the transfer.
6. Parliamentary procedure
(1) An Order in Council under section 1 is to be made by statutory instrument.
(2) The Order must be laid before Parliament after being made unless an Act requires a different procedure for a particular transfer.
(3) Where an Order amends an Act of Parliament, the Order is subject to approval by resolution of each House of Parliament before it is made.
7. Interpretation
In this Act—
“functions” includes powers and duties;
“Minister of the Crown” means a Minister holding office in the United Hampshire Government and includes the Lord Lieutenant’s Treasury where a function is conferred on the Treasury as a body;
“transferor Minister” means the Minister from whom a function is transferred;
“transferee Minister” means the Minister to whom a function is transferred.
8. Savings
Nothing in this Act—
(a) affects the constitutional authority of the Chief Minister to advise on the appointment, dismissal or organisation of Ministers;
(b) confers on a Minister a function which must by law be exercised independently by another authority; or
(c) authorises an Order in Council to alter the jurisdiction of Parliament or the Judiciary except where an Act expressly permits it.
9. Extent, commencement and short title
(1) This Act extends to the United Hampshire Realm.
(2) This Act comes into force on the day on which it is passed.
(3) This Act may be cited as the Ministers of the Crown Act 2026.