was made in either of the two Orders which
I mention below for the transfer from the
Secretary of State for the Colonies to the
Secretary of State for Commonwealth Affairs
of the power conferred upon the former by
the 1935 Order in Council. The Orders I
refer to here are:
The Transfer of Functions (Miscellaneous)
Order 1967 (No.1967/486); and
The Transfer of Functions (Secretary
of State and Minister of Overseas
Development) Order 1967 (No.1967/973)
If the power was not transferred, it was
not caught by article 2 of the Secretary of
State for Foreign and Commonwealth Affairs
Order 1968 (No. 1968/1657).
The provision referring to the Secretary
of State for the Colonies in the 1935 Order
in Council cannot be removed by another
Order in Council made under section 2 of the
1926 Act, because that Act confers no power
on Her Majesty in Council to revoke or to
amend an Order made under section 2 of the
1926 Act.
I consider, however, that the transfer to
our Secretary of State of the power formerly
exercisable by the Secretary of State for the
Colonies can be made under section 1 of the
1946 Act mentioned in the first paragraph of
this minute. Sub-section (1) of that section
reads as follows:
"Her Majesty may be Order in
Council provide for the transfer to
any Minister of the Crown of any
functions theretofore exercisable by
another Minister".
/Before such
NOTHING TO BE WRITTEN IN THIS MARGIN
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