TNAG-0200-FCO40-236-Divorce-rules-1970 — Page 118

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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