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S.I. No. 480/2011 - Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011

Type Statutory Instrument
Publication 2011-09-27
State In force
Text As published
Source Irish Statute Book
articles 10

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.

Reform history JSON API

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 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.

(1) This Order may be cited as the Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011.

2.

2.

(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3.

3.

The functions conferred on the Minister for Finance by or under—

are transferred to the Minister for Public Expenditure and Reform.

4.

4.

References to the Minister for Finance contained in any Act or instrument made 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.

5.

5.

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 name of the Minister for Finance in those proceedings and the proceedings shall not abate by reason of such substitution.

6.

6.

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 functions transferred by this Order, be carried on or completed by the Minister for Public Expenditure and Reform.

7.

7.

Every document (including any certificate or licence) granted or made in the performance 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.

8.

8.

A reference to the Minister for Finance contained in the 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.

9.

9.

(1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Finance in connection with the functions transferred by this Order and the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 ) are transferred to the Minister for Public Expenditure and Reform and, accordingly, without any further conveyance, transfer or assignment, on such commencement—

Article 3 (a)

SCHEDULE Enactments
Number and Year (1) Short Title (2) Provision (3)
No. 5 of 1952 Foyle Fisheries Act 1952 Sections 78(3) and (4), 80(2) and Schedule 3A, paragraphs 1(3), 2(1) and 3(2) and (3)
No. 14 of 1959 Fisheries (Consolidation) Act 1959 Sections 7(1) and (3), 16(1), 45(2), 49(3)(b), (4)(a), (8), (10) and (12), 50(2) and (4), 62(2), 68(1)(b), 74(2), (5) and (6), 116(2)(b)(iii)(IV), 314(3) and (4), 317(2) and 319(1)(a)(iii)
No. 23 of 1990 Health (Nursing Homes) Act 1990 Section 7H(1)
No. 7 of 1992 Environmental Protection Agency Act 1992 Sections 93(1) and 94(3)
No. 2 of 1994 Criminal Justice (Public Order) Act 1994 Section 23A(8)(b)
No. 6 of 1996 Trade Marks Act 1996 Section 82(1) and (3)
No. 16 of 1997 Bail Act 1997 Section 6D
No. 34 of 1997 Hepatitis C Compensation Tribunal Act 1997 Section 7A(9)
No. 1 of 1998 Referendum Act 1998 Sections 2(13), 3(3), 4 and 13
No. 1 of 1999 British-Irish Agreement Act 1999 Sections 42(1) and (2), 43, 44, 45(1) and Annex 2, Part 2, paragraph 10.2, Part 3, paragraph 3.3, Part 4, paragraphs 2.3, 2.6 and 2.7 and 5, Part 5, paragraph 2.5, Part 6, paragraph 9.3, Part 7, paragraphs 1.1, 2.1, 2.3, 3.2 and 3.3
No. 24 of 2001 Children Act 2001 Sections 257G(7) and 257H(3)
No. 6 of 2002 Public Health (Tobacco) Act 2002 Section 26(1)
No. 26 of 2002 British-Irish Agreement (Amendment) Act 2002 Section 2(2)(d)
No. 8 of 2004 Finance Act 2004 Section 91
No. 12 of 2004 Private Security Services Act 2004 Section 19 and Schedule 1, paragraph 4(2)
No. 42 of 2004 Health Act 2004 Section 5A
No. 14 of 2006 Road Safety Authority Act 2006 Section 27(1)
No. 7 of 2007 National Oil Reserves Agency Act 2007 Sections 44(1)(a), 44B(3)(b)(ii), 44D(4)(b)(i), 44J(5)(a) and (7)(b)(i) and 44T(1)
No. 8 of 2010 Fines Act 2010 Section 20(2)
No. 10 of 2010 Inland Fisheries Act 2010 Sections 7(3)(j), 18(8), 22(3), 30(2), 45, 60(1), 63(1), 64(1), 65(2), 68(1) and (2), 73(6)(a), 82(2) and Schedule 5, paragraph 9(a)
No. 23 of 2011 Civil Law (Miscellaneous Provisions) Act 2011 Section 46(1)

GIVEN under the Official Seal of the Government,

20 September 2011.

ENDA KENNY,

Taoiseach.

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