Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

Published date05 August 2011
Statutory Instrument No.418/2011

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

Number and Year

(1)

Short Title

(2)

Provision

(3)

No. 23 of 1923

Censorship of Films Act 1923

Section 11

No. 10 of 1924

Courts of Justice Act 1924

Section 36

No. 16 of 1924

Ministers and Secretaries Act 1924

Sections 10 and 14

No. 25 of 1924

Garda Síochana Act 1924

Section 18

No. 44 of 1924

Criminal Justice (Administration) Act 1924

Section 13

No. 58 of 1924

Dairy Produce Act 1924

Sections 5(4) and (5), 8, 44(2) and (3), 45(4) and 46

No. 17 of 1925

Firearms Act 1925

Sections 3B, 3C, 4B(6) and 27

No. 26 of 1925

Shannon Electricity Act 1925

Sections 3, 6(2), (3) and (5), 12, 13 and 14

No. 33 of 1925

Arterial Drainage Act 1925

Sections 6, 8, 9, 10, 11, 12, 13, 16 and 20

No. 35 of 1925

Local Government (Rates on Agricultural Land) Act 1925

Section 2

No. 3 of 1926

River Owenmore Drainage Act 1926

The whole Act

No. 15 of 1926

Street Trading Act 1926

Section 3

No. 18 of 1926

Enforcement of Court Orders Act 1926

Sections 4(2) and 14(1)

No. 27 of 1926

Court Officers Act 1926

Sections 44, 51(3) and (4), 59, 61 and 66(1)

No. 12 of 1927

Army Pensions Act 1927

Section 27

No. 27 of 1927

Electricity (Supply) Act 1927

Sections 7, 30 and 88

No. 32 of 1928

Teachers Superannuation Act 1928

Section 7

No. 35 of 1929

University College Galway Act 1929

Section 2

No. 2 of 1930

National Monuments Act 1930

Sections 8, 9 and 15

No. 29 of 1930

Vocational Education Act 1930

Sections 51, 53, 103, 104(5), 109, 110 and 124

No. 8 of 1931

Agriculture Act 1931

Section 11(1) and (5)

No. 26 of 1931

Agricultural Produce (Potatoes) Act 1931

Sections 35 and 36

No. 28 of 1931

Local Government (Rates on Agricultural Land) Act 1931

Section 2

No. 26 of 1932

Defence Forces (Pensions) Act 1932

Section 6

No. 31 of 1932

Bourn Vincent Memorial Park Act 1932

Section 3(2)

No. 8 of 1933

Road Transport Act 1933

Sections 7(1) and (2) and 27

No. 9 of 1933

Railways Act 1933

Section 18

No. 12 of 1933

Foreshore Act 1933

Sections 2, 3, 5, 18 and 22(2)

No. 51 of 1933

Prisons Act 1933

Section 4

No. 27 of 1934

University College Dublin Act 1934

Section 1

No. 38 of 1934

Electricity Supply (Amendment) No. 2 Act 1934

Section 16

No. 39 of 1934

Agricultural Co-operative Societies (Debentures) Act 1934

Sections 9 and 13

No. 42 of 1934

Slaughter of Cattle and Sheep Act 1934

Sections 4, 7, 36, 37, 38, 39, 40 and 42

No. 43 of 1934

Military Service Pensions Act 1934

Sections 5(4), 6(2)(b) and (4) and 22

No. 4 of 1935

Shannon Fisheries Act 1935

Sections 7 and 9

No. 14 of 1935

Aliens Act 1935

Sections 9, 11 and 13

No. 22 of 1935

Milk and Dairies Act 1935

Sections 15 and 36

No. 23 of 1936

Turf (Use and Development) Act 1936

Sections 31, 32 and 33

No. 38 of 1936

Noxious Weeds Act 1936

Sections 5 and 9

No. 40 of 1936

Air Navigation and Transport Act 1936

Sections 7, 9 and 41

No. 48 of 1936

Courts of Justice Act 1936

Sections 44, 65 and 66

No. 51 of 1936

Registry of Friendly Societies Act 1936

Section 3

No. 4 of 1937

Whale Fisheries Act 1937

Sections 4, 11, 18 and 20

No. 23 of 1938

Industrial Alcohol Act 1938

Sections 7 to 13 and 16 to 18; Schedule, paragraphs 1, 2 and 4(e)

No. 38 of 1938

Ministerial and Parliamentary Offices Act 1938

The whole Act (except sections 12, 24 and 32)

No. 12 of 1939

Merchant Shipping (Amendment) Act 1939

Sections 5 and 6

No. 13 of 1939

Offences against the State Act 1939

Section 22

No. 23 of 1939

Rates on Agricultural Land (Relief) Act 1939

Section 4

No. 13 of 1940

Institute For Advanced Studies Act 1940

Sections 16(3), (4) and (5), 24, 25(1) and 28(2) and (3)

No. 31 of 1940

Minerals Development Act 1940

Sections 7, 8, 13, 18, 19, 24, 26, 28, 30, 37, 45, 54, 58, 63, 72, 78, 79 and 80

No. 1 of 1941

Electricity (Supply) (Amendment) Act 1941

Section 4

No. 13 of 1941

Minerals Exploration and Development Company Act 1941

Sections 6, 7, 8, 9, 11, 12, 14, 16, 17, 18, 21 and 25

No. 19 of 1941

Garda Síochána (Compensation) Act 1941

Sections 6 to 10 and 14

No. 22 of 1941

Trade Union Act 1941

Sections 3, 6 and 9

No. 24 of 1941

Neutrality (War Damage To Property) Act 1941

The whole Act

No. 17 of 1942

Electricity Supply Board (Superannuation) Act 1942

Sections 3(3)(c) and 8

No. 7 of 1943

Intoxicating Liquor Act 1943

Section 17

No. 13 of 1943

District of Fergus Drainage Act 1943

Sections 3 and 12

No. 17 of 1943

Creameries (Acquisition) Act 1943

Sections 6, 7(1), 9(1) and (7), 11(1) and 12(1) and (7)

No. 3 of 1945

Arterial Drainage Act 1945

The whole Act

No. 7 of 1945

Minerals Company Act 1945

Section 15(2)

No. 12 of 1945

Electricity (Supply) (Amendment) Act 1945

Section 31(4) and (5)(a)

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