The Transfer of Functions (Digital Government) Order 2025
The Transfer of Functions (Digital Government) Order 2025, effective June 3rd, 2025, transfers specified digital government functions from the Minister for the Cabinet Office to the Secretary of State and the Secretary of State for Science, Innovation and Technology.
This includes functions under the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 and sections of the Digital Economy Act 2017.
The order also transfers related property, rights, and liabilities, and includes supplementary provisions to address ongoing processes and legal implications.
Consequential amendments are made to relevant legislation to reflect the functional changes.
Arguments For
Streamlining Government: Consolidating digital government functions under fewer ministers could improve efficiency and coordination.
Expertise and Focus: Transferring functions to the Secretary of State for Science, Innovation and Technology leverages their expertise in digital technologies.
Improved Accountability: Centralizing responsibility could make it easier to hold the government accountable for its digital initiatives.
Legal Basis: The order is made under the Ministers of the Crown Act 1975, providing a clear legal foundation for the changes.
Arguments Against
Loss of Specialized Knowledge: Transferring functions could result in the loss of specialized knowledge within the Cabinet Office.
Potential for Delays: Consolidation may lead to delays in decision-making if the responsible ministers lack familiarity with the transferred functions.
Unforeseen Consequences: The impact of consolidating digital government functions is difficult to fully predict and could have unintended negative consequences.
Lack of Transparency: The lack of a full impact assessment raises concerns about the potential consequences of the reforms.
- Citation and commencement (1) This Order may be cited as the Transfer of Functions (Digital Government) Order 2025. (2) This Order comes into force on 3rd June 2025.
This section establishes the title and effective date of the order.
The order's official name is given as the "Transfer of Functions (Digital Government) Order 2025," and it will take effect on June 3rd, 2025.
- Interpretation In this Order “instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
This section defines the term "instrument" to include a wide range of official documents and legal instruments to ensure clarity in the order's application.
The broad definition avoids ambiguity about which documents are affected by the order.
- Transfer of functions to the Secretary of State The functions of the Minister for the Cabinet Office under the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 are transferred to the Secretary of State.
This section transfers responsibilities for the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 from the Minister for the Cabinet Office to the Secretary of State.
This means the Secretary of State now assumes oversight of ensuring public sector websites and mobile apps meet accessibility requirements.
- Functions to be exercisable concurrently with the Secretary of State The functions of the Minister for the Cabinet Office under sections 44(4)(d), 48(11)(d) and 56(12)(d) of the Digital Economy Act 2017 are to be exercisable concurrently with the Secretary of State.
This section specifies that certain functions under the Digital Economy Act 2017 will be shared between the Minister for the Cabinet Office and the Secretary of State.
Both individuals will have the authority to carry out these responsibilities.
- Supplementary provisions in relation to articles 3 and 4 (1) This article applies to a function which—(a) is transferred by article 3, or (b) is directed by article 4 to be exercisable concurrently with the Secretary of State. (2) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Minister for the Cabinet Office, so far as it relates to a function to which this article applies, may be continued by or in relation to the Secretary of State. (3) Anything done (or having effect as if done) by or in relation to the Minister for the Cabinet Office in connection with a function to which this article applies has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State. (4) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of article 3 or 4, as if references to (and references which are to be read as references to) the Minister for the Cabinet Office were or included references to the Secretary of State. (5) Documents or forms printed for use in connection with a function to which this article applies may be used in connection with that function even though they contain, or are to be read as containing, references to the Minister for the Cabinet Office. (6) For the purposes of the use of any such documents or forms after the coming into force of this Order in connection with the exercise of a function to which this article applies by the Secretary of State, those references are to be read as references to the Secretary of State. (7) In paragraphs (2) to (6) references to the Minister for the Cabinet Office include references to the Cabinet Office or an officer in that Office; and references to the Secretary of State include references to the department or an officer of the Secretary of State accordingly.
This section provides transitional arrangements to ensure that ongoing tasks and legal matters are handled smoothly during the transfer.
It clarifies that actions already initiated by the Minister for the Cabinet Office will continue under the Secretary of State, modifying any relevant documents and legal instruments to reflect the transfer of the authority and responsibility.
- Transfer of property, rights and liabilities to the Secretary of State for Science, Innovation and Technology (1) There are transferred to the Secretary of State for Science, Innovation and Technology all property, rights and liabilities to which the Minister for the Cabinet Office is entitled or subject at the coming into force of this Order in connection with—(a) any digital function, or (b) a function which is transferred by article 3. (2) In this article “digital function” means a function relating to—(a) the Government Digital Service, (b) the Central Digital and Data Office, or (c) the Incubator for Artificial Intelligence, which was entrusted to the Minister for the Cabinet Office immediately before 23rd July 2024 and has before the making of this Order been entrusted to the Secretary of State for Science, Innovation and Technology.
This section outlines the transfer of assets and responsibilities related to the transferred functions.
All property, rights, and liabilities associated with digital functions previously handled by the Minister for the Cabinet Office are now under the control and responsibility of the Secretary of State for Science, Innovation and Technology.
The definition of "digital function" ensures clarity on the scope of this transfer.
- Supplementary provisions in relation to digital functions etc (1) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Minister for the Cabinet Office, so far as it relates to a digital function or anything transferred by article 6, may be continued by or in relation to the Secretary of State for Science, Innovation and Technology. (2) Anything done (or having effect as if done) by or in relation to the Minister for the Cabinet Office in connection with a digital function or anything transferred by article 6 has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Science, Innovation and Technology. (3) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—(a) the entrusting to the Secretary of State for Science, Innovation and Technology of any digital function, or (b) the transfer of anything by article 6, as if references to (and references which are to be read as references to) the Minister for the Cabinet Office were or included references to the Secretary of State for Science, Innovation and Technology. (4) Documents or forms printed for use in connection with a digital function may be used in connection with that function even though they contain, or are to be read as containing, references to the Minister for the Cabinet Office. (5) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Science, Innovation and Technology. (6) In paragraphs (1) to (5) references to the Minister for the Cabinet Office include references to the Cabinet Office or an officer in that Office; and references to the Secretary of State for Science, Innovation and Technology include references to the department or an officer of that Secretary of State accordingly. (7) In this article “digital function” has the same meaning as in article 6.
This section addresses transitional matters concerning the transfer of digital functions outlined in Article 6, mirroring the approach taken in Article 5 for the transfers in Articles 3 and 4.
It ensures the continuity of ongoing work and the validity of documentation, adjusting existing practices to align with the new responsibilities of the Secretary of State for Science, Innovation and Technology.
- Validity of things done before coming into force of Order (1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Minister for the Cabinet Office before the coming into force of this Order. (2) In paragraph (1) the reference to the Minister for the Cabinet Office includes a reference to the Cabinet Office or an officer in that Office.
This section ensures that any actions undertaken by the Minister for the Cabinet Office prior to the order taking effect remain legally valid.
It explicitly states that the transfer of responsibilities does not retroactively invalidate previous actions.
- Consequential amendments (1) The Digital Economy Act 2017 is amended in accordance with paragraphs (2) to (4). (2) In section 44(4)(d), for “the Minister for the Cabinet Office” substitute “the relevant Minister”. (3) In section 48(11)(d), for “the Minister for the Cabinet Office” substitute “the relevant Minister”. (4) In section 56(12)(d), for “the Minister for the Cabinet Office” substitute “the relevant Minister”. (5) The Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 are amended in accordance with paragraphs (6) to (8). (6) In regulation 3, in the definition of “model accessibility statement”, for “Minister for the Cabinet Office” substitute “Secretary of State”. (7) In regulation 10, in each of paragraphs (1), (2) and (5), for “Minister for the Cabinet Office” substitute “Secretary of State”. (8) In regulation 14, in each of paragraphs (1), (2) (in both places), (5) (in both places), (6), (9), (10) (in both places), (11) (in both places) and (12) (in both places), for “Minister for the Cabinet Office” substitute “Secretary of State”.
This section details specific changes to existing legislation to reflect the shifts in responsibility.
The Digital Economy Act 2017 and the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 are formally amended to replace references to the Minister for the Cabinet Office with the appropriate new responsible parties (Secretary of State and/or Secretary of State for Science, Innovation and Technology depending on the specific clause).