LegalizeS.I. No. 418/2011 - Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
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Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th August, 2011.
The Government, in exercise of the powers conferred on them by section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939 (No. 36 of 1939), hereby order as follows:
1.
(1) This Order may be cited as the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011.
- (2) The Order comes into operation on 29th July 2011.
2.
(1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
- (2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3.
The functions conferred on the Minister for Finance by or under the provisions of –
- (a) the enactments specified in Schedule 1, and
- (b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
4.
(1) Subject to paragraph (2), the functions of the Minister for Finance in regulations made under the European Communities Act 1972 (No. 27 of 1972) consisting of his or her—
- (a) consent, approval or sanction to the charging of a fee or a scale of fees or the consultation with him or her on such charges or scale, or
- (b) power to direct the manner in which fees charged or other monies received under the regulations shall be collected or taken in and paid into or disposed of for the benefit of the Exchequer,
are transferred to the Minister for Public Expenditure and Reform.
- (2) This Article does not apply to—
- (a) Regulation 4(3) of the European Communities (Counterfeit Goods) Regulations 1990 ( S.I. No. 118 of 1990 ),
- (b) Regulation 10(1) of the European Communities (Monitoring of External Trade in Scheduled Substances) Regulations 1993 ( S.I. No. 6 of 1993 ),
- (c) Regulation 4(9) of the European Communities (Counterfeit and Pirated Goods) Regulations 1996 ( S.I. No. 48 of 1996 ), and
- (d) Regulation 19 of the European Communities (Access to Ground handling Market at Community Airports) Regulations 1998 ( S.I. No. 505 of 1998 ).
5.
References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
6.
Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Finance is a party and the proceedings have reference to functions transferred by this Order, the name of the Minister for Public Expenditure and Reform shall be substituted for the Minister for Finance in those proceedings and the proceedings shall not abate by reason of such substitution.
7.
Anything commenced but not completed before the commencement of this Order by or under the authority of the Minister for Finance may, in so far as it relates to a function transferred by this Order, be carried on and completed by the Minister for Public Expenditure and Reform.
8.
Every document (including any certificate or licence) granted or made in exercise of a function transferred by this Order shall, if and in so far as it was operative immediately before the commencement of this Order, have effect from such commencement as if it had been granted or made by the Minister for Public Expenditure and Reform.
9.
A reference to the Minister for Finance contained in any memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as a reference to the Minister for Public Expenditure and Reform.
Article 3 (a)
Schedule 1 Enactments
Part 1 Pre 1922 Enactments
| Session and chapter (1) | Short Title (2) | Provision (3) |
| 17 & 18 Vict., c. 17 | Boundary Survey (Ireland) Act 1854 | Section 1 |
| 29 & 30 Vict., c. 39 | Exchequer and Audit Departments Act 1866 | Sections 18, 19, 22, 23, 24, 25, 26, 41, 42 and 43 |
| 35 & 36 Vict., c. 50 | Boundaries of Counties (Ireland) Act 1872 | The whole Act |
| 54 & 55 Vict., c. 24 | Public Accounts and Charges Act 1891 | Section 2(2) and (3) |
| 11 & 12 Geo., 5, c. 52 | Exchequer and Audit Departments Act 1921 | Sections 9(1) and 10(1) |
Part 2 1922 to 2011 Enactments
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