LegalizeS.I. No. 318/2015 - Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015
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.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 17th July, 2015.
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 2015.
- (2) This Order comes into operation on 15 July 2015.
2.
(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3(1) are transferred to the Department of Public Expenditure and Reform.
- (2) References to the Department of Finance contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3.
(1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
- (2) 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.
4.
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 to the Minister for Public Expenditure and Reform, the name of the Minister for Public Expenditure and Reform, in so far as the proceedings relate to any function transferred by this Order, shall be substituted for the name of the Minister for Finance or added in the proceedings as may be appropriate and the proceedings shall not abate by reason of such substitution or addition.
5.
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 to the Minister for Public Expenditure and Reform, be carried on and completed from such commencement by the Minister for Public Expenditure and Reform.
6.
Every document (including any certificate or licence) granted or made in exercise of a function transferred by this Order, if and in so far as it was operative immediately before the commencement of this Order, shall have effect from such commencement as if it had been granted or made by the Minister for Public Expenditure and Reform.
7.
A reference to the Minister for Finance contained in the memorandum and articles of association of a company and relating to any function transferred by this Order shall be construed, from the commencement of this Order, as a reference to the Minister for Public Expenditure and Reform.
8.
(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 are transferred to the Minister for Public Expenditure and Reform and accordingly, without any further conveyance, transfer or assignment, on such commencement—
- (a) that property, real and personal, vests in the Minister for Public Expenditure and Reform,
- (b) those rights are rights of the Minister for Public Expenditure and Reform, and
- (c) those liabilities are liabilities of the Minister for Public Expenditure and Reform.
- (2) All moneys, stocks, shares and securities transferred to the Minister for Public Expenditure and Reform by this Article that on the commencement of this Order are standing in the name of the Minister for Finance shall on the request of the Minister for Public Expenditure and Reform be transferred into the name of the Minister for Public Expenditure and Reform.
Schedule
| Number and year (1) | Short Title (2) | Provision (3) |
| No. 2 of 1930 | National Monuments Act 1930 | Sections 2A and 3(4) |
| No. 24 of 1936 | Labourers Act 1936 | Section 27(2)(d) |
| No. 27 of 1965 | Succession Act 1965 | Section 73 |
| No. 21 of 1966 | Housing Act 1966 | Sections 5(3), 38, 45(1) and 47 |
| No. 27 of 1979 | Housing (Miscellaneous Provisions) Act 1979 | Sections 5(1), 6(1), (2) and (5), 7(1), 11(1)(a) and (2)(a) |
| No. 37 of 1981 | Housing Finance Agency Act 1981 | Section 4 (2)(c) |
| No. 22 of 1983 | Housing (Private Rental Dwellings) (Amendment) Act 1983 | Sections 2(2), 15(3) and 20 |
| No. 32 of 1986 | Control of Dogs Act 1986 | Section 33 |
| No. 28 of 1988 | Housing Act 1988 | Sections 3(1), 4(1), 6, 10(4) and 16(2) |
| No. 11 of 1991 | Local Government Act 1991 | Sections 6(7) and 28(5) |
| No. 4 of 1992 | Land Bond Act 1992 | Section 7 |
| No. 22 of 2004 | National Monuments (Amendment) Act 2004 | Section 4 |
GIVEN under the Official Seal of the Government,
14 July 2015.
ENDA KENNY,
Taoiseach.
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