Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

• Published date: 03 January 2012
• Statutory Instrument No.: 668/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd January, 2012.

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 Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

(2) This Order comes into operation on 1 January 2012.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality by or under—

(a) section 88 (other than subsections (12) and (13)), and

(b) Part 10,

of the Children Act 2001 (No. 24 of 2001) are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Children and Youth Affairs.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Justice and Equality is a party and the proceedings have reference to functions transferred by this Order to the Minister for Children and Youth Affairs, the name of the Minister for Children and Youth Affairs shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for Justice and Equality or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Justice and Equality may, in so far as it relates to functions transferred by this Order to the Minister for Children and Youth Affairs, be carried on or completed from such commencement by the...