Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012

JurisdictionIreland
CitationIR SI 531/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th December, 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 Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012.

(2) This Order comes into operation on 1 January 2013.

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 Jobs, Enterprise and Innovation.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made under such Act 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 Jobs, Enterprise and Innovation.

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

(a) sections 75 , 76 , 79 , 94 and 100 of the Employment Equality Act 1998 (No. 21 of 1998),

(b) Part III and section 41 (2) of the Equal Status Act 2000 (No. 8 of 2000),

(c) subsections (1) and (4) of section 41 of the Equal Status Act 2000 in so far as they relate to the provisions referred to in paragraph (b), and

(d) section 44 (1) of the Equal Status Act 2000 , in so far as it relates to summary proceedings for an offence under sections 36(4) or 37(1) of that Act,

are transferred to the Minister for Jobs, Enterprise and Innovation.

(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 construed as references to the Minister for Jobs, Enterprise and Innovation.

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 Jobs, Enterprise and Innovation, the name of the Minister for Jobs, Enterprise and Innovation 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...

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