Ministers and Secretaries (Amendment) Act, 2011

JurisdictionIreland
CitationIR No. 10/2011


MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011

2011 Number 10

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A DEPARTMENT OF STATE TO BE KNOWN, IN THE IRISH LANGUAGE, AS AN ROINN CAITEACHAIS PHOIBLÍ AGUS ATHCHÓIRITHE OR, IN THE ENGLISH LANGUAGE, AS THE DEPARTMENT OF PUBLIC EXPENDITURE AND REFORM; TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS OF THE MINISTER FOR FINANCE TO THE MINISTER OF THE GOVERNMENT HAVING CHARGE OF THAT DEPARTMENT; TO CONFER FUNCTIONS ON THE SAID MINISTER OF THE GOVERNMENT IN RELATION TO THE MODERNISATION AND DEVELOPMENT OF THE PUBLIC SERVICE; TO DEEM MEMBERS OF STAFF OF THE NATIONAL TREASURY MANAGEMENT AGENCY ASSIGNED TO PERFORM FUNCTIONS IN THE DEPARTMENT OF FINANCE TO BE OFFICERS OF THE MINISTER FOR FINANCE FOR CERTAIN PURPOSES; TO PROVIDE THAT THE REVENUE COMMISSIONERS SHALL BE INDEPENDENT IN THE PERFORMANCE OF CERTAIN OF THEIR FUNCTIONS; FOR THOSE AND OTHER PURPOSES TO AMEND CERTAIN ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[4th July 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, commencement, collective citation and construction.

1 Short title, commencement, collective citation and construction.

(1) This Act may be cited as the Ministers and Secretaries (Amendment) Act 2011.

(2) Sections 8 , 9 , 10 and 16 (3), and Parts 3 and 4 shall come into operation on the appointed day.

(3) The Ministers and Secretaries Acts 1924 to 2007 and this Act may be cited together as the Ministers and Secretaries Acts 1924 to 2011 and shall be construed together as one Act.

S-2 Definitions.

2 Definitions.

2.- In this Act-

"Act of 1924" means the Ministers and Secretaries Act 1924 ;

"Act of 1939" means the Ministers and Secretaries (Amendment) Act 1939 ;

"Act of 1945" means the National Stud Act 1945 ;

"Act of 1963" means the Companies Act 1963 ;

"Act of 1976" means the Gas Act 1976 ;

"Act of 1983" means the Postal and Telecommunications Services Act 1983 ;

"Act of 1988" means the Forestry Act 1988 ;

"Act of 1993" means the Irish Aviation Authority Act 1993 ;

"Act of 1996" means the Harbours Act 1996 ;

"Act of 1997" means the Electoral Act 1997 ;

"Act of 1998" means the Turf Development Act 1998 ;

"Act of 2001" means the Electoral (Amendment) Act 2001 ;

"appointed day" shall be construed in accordance with section 6 ;

"Minister" has the meaning assigned to it by subsection (2) of section 7 ;

"prescribed" means prescribed by regulations;

"statute" means-

(a) an Act of the Oireachtas, or

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution;

"statutory instrument" has the same meaning as it has in the Interpretation Act 2005 .

S-3 Public service body.

3 Public service body.

(1) For the purposes of this Act, each of the following is a public service body, and "public service" shall be construed accordingly:

(a) the Civil Service of the State;

(b) the Civil Service of the Government;

(c) the Garda Síochána;

(d) the Permanent Defence Force within the meaning of the Defence Act 1954 ;

(e) a local authority within the meaning of the Local Government Act 2001 ;

(f) the Health Service Executive;

(g) a vocational education committee established by section 7 of the Vocational Education Act 1930 ;

(h) a relevant body, whose members of staff are persons to whom a public service pension scheme in force immediately before the passing of this Act applies;

(i) a relevant body-

(i) whose members of staff are persons in respect of whom the Minister for Finance had, immediately before the passing of this Act, the power to apply the provisions of a public service pension scheme, and

(ii) for the time being standing prescribed by the Minister for Finance.

(2) In this section-

"public service pension scheme" means an occupational pension scheme or pension arrangement (howsoever described)-

(a) provided for under the Superannuation Acts 1834 to 1963 or any other statute, and

(b) made or approved by a Minister of the Government;

"relevant body" means-

(a) a body (other than a company established under the Companies Acts) established by or under statute,

(b) a company established under the Companies Acts all of the shares in which are held-

(i) by or on behalf of a Minister of the Government, or

(ii) by directors appointed by a Minister of the Government,

(c) a subsidiary within the meaning of section 155 of the Act of 1963 of-

(i) a body to which paragraph (a) applies, or

(ii) a company to which paragraph (b) applies,

(d) a body funded, wholly or partly, out of moneys-

(i) provided by the Oireachtas, or

(ii) from the Central Fund or the growing produce thereof,

or

(e) a company or body under the control, within the meaning of section 11 of the Taxes Consolidation Act 1997 , of-

(i) a company to which paragraph (b) applies,

(ii) a subsidiary to which paragraph (c) applies,

(iii) a body to which paragraph (a) or (d) applies, or

(iv) a public service body to which paragraph (e), (f) or (g) of subsection (1) applies,

for the time being standing prescribed by the Minister.

S-4 Regulations.

4 Regulations.

(1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

S-5 Disapplication of section 7 of Official Languages Act 2003.

5 Disapplication of section 7 of Official Languages Act 2003.

5.- Section 7 of the Official Languages Act 2003 shall not apply to this Act.

2 Department of Public Expenditure and Reform

PART 2

Department of Public Expenditure and Reform

S-6 Appointed day.

6 Appointed day.

6.- The Government may by order appoint a day to be the appointed day for the purposes of this Act.

S-7 Department of Public Expenditure and Reform.

7 Department of Public Expenditure and Reform.

(1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform-

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the "Minister".

(3) The Ministers and Secretaries Acts 1924 to 2007 and the Documentary Evidence Act 1925 shall apply to the Department of Public Expenditure and Reform and the member of the Government who is in charge thereof as if that Department had been established by section 1 of the Act of 1924.

(4) For the purposes of section 6(1) of the Act of 1939 the Department of Public Expenditure and Reform and the office of the Minister for Public Expenditure and Reform shall be deemed to have been established immediately upon the passing of this Act, but any order under the said section 6(1), relating to that Department or that Minister of the Government, made before the appointed day shall not be expressed to come into operation on a day that is earlier than the appointed day.

S-8 Transfer of certain expenditure functions to Minister.

8 Transfer of certain expenditure functions to Minister.

(1) The functions of the Minister for Finance-

(a) referred to in section 1(ii) of the Act of 1924 relating to the expenditure of the revenues of the State, in so far only as they consist of, or are connected with, the preparation of the estimate of expenditure for each financial year in respect of each supply service, and

(b) under subsections (2) and (4) of section 2 of the Act of 1924,

are transferred to the Minister.

(2) The functions of the Minister for Finance referred to in section 1(ii) of the Act of 1924 consisting of the supervision and control of all purchases made for or on behalf of, and all supplies of commodities and goods held by, any Department of State and the disposal thereof are transferred to the Minister.

(3) The functions of the Minister for Finance (other than functions conferred by or under statute) consisting of the carrying out of reviews of expenditure of public moneys are transferred to the Minister.

S-9 Transfer of certain other functions to Minister.

9 Transfer of certain other functions to Minister.

(1) (a) Subject to paragraph (b), the following functions of the Minister for Finance are transferred to the Minister, except in so far as they consist of the power to pay moneys out of the Central Fund:

(i) all functions (including functions conferred by or under statute) relating to superannuation, remuneration (including allowances and expenses), appointment and terms and conditions of service of members of staff of public service bodies;

(ii) all functions (including functions conferred by or under statute) relating to remuneration (including fees, allowances and expenses), appointment and terms and conditions of service of members, or members of boards, of public service bodies;

(iii) the functions consisting of the sanctioning or approval of expenses incurred in the administration of any statute;

(iv) all functions (including functions conferred by or under statute) relating to superannuation, remuneration (including allowances and...

To continue reading

Request your trial