Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987

• Jurisdiction: Ireland
• Year: 1987
• Citation: IR SI 81/1987

S.I. No. 81 of 1987.

PUBLIC SERVICE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1987.

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. This Order may be cited as the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987. 2. In this Order "functions" includes powers and duties. 3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.

(2) References to the Department of the Public Service 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 commencement of this Order, be construed as references to the Department of Finance. 4. (1) The functions vested in the Minister for the Public Service—

(a) by or under the Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and

(b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ),

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance. 5. Where, immediately before the commencement of this Article, any legal proceedings are pending to which the Minister for the Public Service is a party and the proceedings have reference to functions transferred by this Order to the Minister for Finance, the name of the Minister for Finance shall be substituted in the proceedings for that of the Minister for the Public Service and the proceedings shall not abate by reason of such substitution. 6. Anything commenced before the commencement of this Order by or under the authority of the Minister for the Public Service may, so far as it relates to functions transferred by this Order to the Minister for Finance, be carried on or completed on or after such commencement by the Minister for Finance. 7. Every document (including any certificate or licence) granted or made in the 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 on and after such commencement as if it had been granted or made by the Minister for Finance. 8. Reference to the Minister for the Public Service contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Finance. 9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for the Public Service in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Finance and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on such commencement, vest in the Minister for Finance,

(ii) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Finance.

(iii) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Finance.

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