Charities (Transfer of Departmental Administration and Ministerial Functions) Order, 2011

JurisdictionIreland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 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 Charities (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

(2) This order comes into operation on 1 May 2011.

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 Justice and Equality.

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

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under—

(a) the Educational Endowments (Ireland) Act 1885 (48 & 49 Vict. c. 78),

(b) the Charities Acts 1961 and 1973,

(c) the Street and House to House Collections Act 1962 (No. 13 of 1962),

(d) the Charities Act 2009 (No. 6 of 2009), and

(e) section 2 (in so far as it relates to the functions referred to in paragraphs (a) and (f) (in so far as it relates to paragraph (a)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007),

are transferred to the Minister for Justice and Equality.

(2) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Justice and Equality.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Community, Equality and Gaeltacht Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for Justice and Equality, the name of the Minister for Justice and Equality 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 Community, Equality and Gaeltacht...

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