At its creation, certain functions of the lord chancellor which related to the Lord Chancellor's Department were transferred to the new secretary of state. At a later date further functions were also transferred to the secretary of state for constitutional affairs from the first secretary of state, a position within the government held by the deputy prime minister.
The only holder of the post was Lord Falconer who also simultaneously continued to serve as Lord Chancellor. Certain functions, linked by statute with the office of Lord Chancellor, were not transferred to the new office of secretary of state for constitutional affairs.
The post was formally created through the approval, by way of the Order-in-Council procedure, of the Secretary of State for Constitutional Affairs Order 2003 (SI 2003 No. 1887). The office was discontinued on 9 May 2007, and all of its responsibilities were transferred to the new post of secretary of state for justice, the first holder of which was also Lord Falconer.
