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

• Jurisdiction: Ireland
• Citation: IR SI 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) ...