Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973

• Jurisdiction: Ireland
• Citation: IR SI 294/1973

S.I. No. 294 of 1973.

PUBLIC SERVICE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1973.

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 Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973.

(2) This Order shall come into operation on the 1st day of November, 1973. 2. In this Order, save where the context otherwise requires—

"functions" includes powers and duties;

"operative date" means the date on which this Order comes into operation;

"terms and conditions of service" includes terms and conditions relating to remuneration, allowances (including travelling and subsistence allowances) and superannuation arrangements. 3. (1) The administration and business in connection with the exercise, performance or execution of—

( a ) any functions transferred by Article 4 of this Order,

( b ) any functions formerly exercised, performed or executed by the British Treasury in the area of application of the laws of the State in relation to the terms and conditions of appointment to and service in any employment or office of persons remunerated in respect of such employment or office out of public funds, and

( c ) any functions referred to in section 1 (ii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that relate to equipment for the automatic processing of information,

are hereby transferred to the Department of the Public Service.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of the Public Service. 4. (1) The functions vested in the Minister for Finance by or under the following enactments are hereby transferred to the Minister for the Public Service:

( a ) Superannuation Acts, 1834 to 1963,

( b ) Army Pensions Acts, 1923 to 1971,

( c ) section 2 (2) of the Ministers and Secretaries Act, 1924 , in so far as it relates to the sanctioning of appointments,

( d ) section 4 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926),

( e ) Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929),

( f ) Defence Forces (Pensions) Acts, 1932 to 1968,

( g ) Workmen's Compensation Acts, 1934 to 1955,

( h ) Ministerial and Parliamentary Offices Acts, 1938 to 1973,

( i ) Oireachtas (Allowances to Members) Acts, 1938 to 1973,

( j ) Presidential Establishment Acts, 1938 to 1973 (other than section 2 of the Presidential Establishment Act, 1938 (No. 24 of 1938), in so far as it relates to the provision and...