S.I. No. 329/1947 - Social Welfare (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1947.


STATUTORY RULES AND ORDERS. 1947. No. 329.

SOCIAL WELFARE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (NO. 2) ORDER, 1947.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title.

2. Interpretation.

3. Transfer to the Department of Social Welfare of administration and business connected with transferred functions and consequential adaptations.

4. Transfer to the Minister for Social Welfare of certain functions of the Minister for Local Government under enactments mentioned in the First Schedule and consequential adaptations.

5. Transfer to the Minister for Social Welfare of functions of the Minister for Local Government under the Blind Persons Act, 1920, and consequential adaptations.

6. Transfer to the Minister for Social Welfare of functions of the Minister for Local Government in respect of certain offices and employments under local authorities set out in Second Schedule, and consequential adaptations.

7. Transfer to the Minister for Social Welfare of certain functions of the Minister for Local Government under the Local Government Act, 1941, and the Local Government Act, 1946, and consequential adaptations.

8. Transfer to the Minister for Social Welfare of certain powers of the Minister for Local Government under Section 51 of Local Government (Ireland) Act, 1898.

9. Transfer to the Minister for Social Welfare of certain powers of the Minister for Local Government in relation to surcharges, charges and allowances.

10. Adaptations of enactments mentioned in Third Schedule.

11. Transfer of property, rights and liabilities in connection with transferred functions.

12. Pending legal proceedings in relation to transferred functions.

13. Completion by transferee Minister of acts, in relation to transferred functions, commenced before the operative date.

14. Continuance of certain licences, etc.

FIRST SCHEDULE.

PART I.—ENACTMENTS, FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR LOCAL GOVERNMENT TO THE MINISTER FOR SOCIAL WELFARE.

PART II.—ENACTMENTS, CERTAIN FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR LOCAL GOVERNMENT TO THE MINISTER FOR SOCIAL WELFARE.

SECOND SCHEDULE.

OFFICERS AND EMPLOYMENTS UNDER LOCAL AUTHORITIES, THE FUNCTIONS OF THE MINISTER FOR LOCAL GOVERNMENT IN RESPECT OF WHICH UNDER CERTAIN ENACTMENTS ARE TRANSFERRED TO THE MINISTER FRO SOCIAL WELFARE.

THIRD SCHEDULE.

ADAPTATIONS OF CERTAIN ENACTMENTS.

S.I. No. 329 of 1947.

SOCIAL WELFARE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (NO. 2) ORDER, 1947.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), and of every and any other power them in this behalf enabling, hereby order as follows :—

1 Short Title

1.—(1) This Order may be cited as the Social Welfare (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1947.

(2) This Order shall come into operation on the 15th day of October, 1947.

2 Interpretation.

2.—(1) In this Order—

functions.

the word " functions " includes powers and duties ;

operative date

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

transferee Minister.

the expression " the transferee Minister " means the Minister for Social Welfare ;

transferor Minister.

the expression " the transferor Minister " means the Minister for Local Government ;

transferred functions.

the expression " the transferred functions " means the functions transferred by this Order from the transferor Minister to the transferee Minister.

(2) References in this Order to any enactment shall be construed as including references to any instrument made under that enactment.

(3) References in this Order to any enactment which has been amended by—

(a) a subsequent enactment, or

(b) an order made under section 2 of the Emergency Powers Act, 1939 (No. 28 of 1939) and continued in force by section 3 of the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946),

shall be construed as references to such first-mentioned enactment as so amended.

3 Transfer to the Department of Social Welfare of administration and business connected with transferred functions and consequential adaptations.

3.—(1) The administration and business in connection with the exercise, performance or execution of the transferred functions are hereby transferred to the Department of Social Welfare.

(2) In—

(a) any enactment mentioned in Part I of the First Schedule hereto, and

(b) the provisions (mentioned in column (3) of Part II of the said First Schedule at any reference number) of any enactment mentioned in column (2) of the said Part II at the said reference number,

references to the Department of Local Government shall, on and after the operative date, be construed as references to the Department of Social Welfare.

4 Transfer to the Minister for Social Welfare of certain functions of the Minister for Local Government under enactments mentioned in First Schedule and consequential adaptations.

4.—(1) (a) The functions of the transferor Minister under the enactments mentioned in Part I of the First Schedule hereto are hereby transferred to the transferee Minister.

(b) In the enactments mentioned in Part I of the First Schedule hereto, references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(2) (a) The functions of the transferor Minister under the provisions (mentioned in column (3) of Part II of the First Schedule hereto at any reference number) of any enactment mentioned in column (2) of the said Part II at the said reference number are hereby transferred to the transferee Minister.

(b) In the provisions (mentioned in column (3) of Part II of the First Schedule hereto at any reference number) of any enactment mentioned in column (2) of the said Part II at the said reference number, references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

5 Transfer to the Minister for Social Welfare of functions of the Minister for Local Government under the Blind Persons Act, 1920, and consequential adaptations.

5.—(1) The functions of the transferor Minister under the Act of 1920 are hereby transferred to the transferee Minister.

(2) References in the Act of 1920 to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) Nothing in this Article shall be construed as transferring to the transferee Minister the functions of the transferor Minister under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898.

(4) In this Article, the expression " the Act of 1920 " means the Blind Persons Act, 1920, as amended by the Old Age Pensions Act, 1932 (No. 18 of 1932).

6 Transfer to the Minister for Social Welfare of functions of the Minister for Local Government in respect of certain offices and employments under local authorities set out in Second Schedule, and consequential adaptations.

6.—(1) The functions of the Transferor Minister under any enactment to which this Article applies, so far as those functions relate to any office or employment, under a local authority (within the meaning of Part II of the Local Government Act, 1941 (No. 23 of 1941)), set out in the Second Schedule hereto or to the holder of any such office or employment, are hereby transferred to the transferee Minister.

(2) In the application of any enactment to which this Article applies in relation to the functions transferred by sub-article (1) of this Article, the references therein to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) This Article applies to—

(a) the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), except section 12,

(b) the Local Authorities (Officers and Employees) (Amendment) Act, 1940 (No. 15 of 1940),

(c) Part II of the Local Government act, 1941 (No. 23 of 1941), and

(d) Part III of the Local Government Act, 1946 (No. 24 of 1946).

7 Transfer to the Minister for Social Welfare of certain functions of the Minister for Local Government under the Local Government Act. 1941, and the Local Government Act, 1946 and consequential adaptations.

7.—(1) The functions of the transferor Minister under any enactment to which this Article applies, so far as those functions relate to, or are exercisable or performable for the purpose of any function transferred to the transferee Minister by any other Article of this Order, are hereby transferred to the transferee Minister.

(2) In the application of any enactment to which this Article applies in relation to the functions transferred by sub-article (1) of this Article, references therein to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) This Article applies to—

(a) sections 83 and 84 of the Local Government Act, 1941 (No. 23 of 1941,

and

(b) sections 89 , 90 and 91 of the Local Government Act, 1946 (No. 24 of 1946).

(4) Nothing in this Article shall be construed as affecting the powers of the transferor Minister to hold, for the purposes of section 44 of the Local Government Act, 1941 (No. 23 of 1941), a local inquiry into the performance by a local authority of their duties.

8 Transfer to the Minister for Social Welfare of certain powers of the Minister for Local Government under section 51 of Local Government (Ireland) Act 1898.

8.—(1) The power of the transferor Minister, under section 51 of the Act of 1898, to extend the time within which payment may be made of any debt, claim or demand which is directly or indirectly payable out of the county rate and which

(a) arose in the administration by a local authority of any enactment (functions under which are transferred to the transferee Minister by any other Article of this Order) and

(b) relates to a function under such enactment which is transferred to the transferee Minister by any other Article of this Order

is hereby transferred to the transferee Minister.

(2) In the application of section 51 of the Act of 1898 and section 4 of the Local Government (Ireland) Act, 1902, in relation to the power transferred by sub-article (1) of this Article, references to the transferor Minister shall, on and after the operative date be construed as references to the transferee Minister.

(3) In this Article, the expression " the Act of 1898 " means the Local Government (Ireland) Act, 1898.

9 Transfer to the Minister for Social Welfare of certain powers of the Minister for Local Government in relation to surcharges, charges and allowances.

9.—(1) The powers of the transferor Minister under the following enactments, namely—

(a) section 12 of the Local Government (Ireland) Act, 1871,

(b) subsection (2) of section 63 of the Local Government (Ireland) Act, 1898, and

(c) subsection (8) of section 68 of the Local Government Act, 1946 (No. 24 of 1946),

in so far as those powers relate to a surcharge, charge or allowance which is made by an auditor of the transferor Minister on the audit of the accounts of a local authority and which

(i) arises in connection with the administration of any enactment (functions under which are transferred to the transferee Minister by any other Article of this Order), and

(ii) relates to a function under such enactment which is transferred to the transferee Minister by any other Article of this Order.

are hereby transferred to the transferee Minister.

(2) In the application of—

(a) the enactments mentioned in sub-article (1) of this Article, and

(b) sections 70 and 71 of the Local Government Act, 1941 (No. 23 of 1941).

in relation to the powers transferred by sub-article (1) of this Article, the references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

10 Adaptation of enactments mentioned in Third Schedule.

10. The enactments mentioned in column (2) of the Third Schedule hereto at any reference number shall, on and after the operative date, have effect subject to the adaptations set out in column (3) of the said Third Schedule at the said reference number.

11 Transfer of property, rights and liabilities in connection with transferred functions.

11.—(1) All property, rights and liabilities held, enjoyed, or incurred before the operative date by the transferor Minister, in connection with the transferred functions, shall be and are hereby transferred to the transferee Minister and accordingly, without any further conveyance, transfer or assignment—

(a) the said property, real and personal, shall, on the operative date, vest in the transferee Minister,

(b) the said rights shall, as on and from the operative date, be enjoyed by the transferee Minister,

(c) the said liabilities shall, as on and from the operative date, be the liabilities of the transferee Minister.

(2) All moneys, stocks, shares and securities transferred to the transferee Minister by this Article which on the operative date are standing in the books of any corporation or company in the name of the transferor Minister shall, upon the request of the transferee Minister, be transferred into his name.

12 Pending legal proceedings in relation to transferred functions.

12. Where, immediately before the operative date, any legal proceedings are pending to which the transferor Minister is a party and the proceedings have reference to the transferred functions, the name of the transferee Minister shall be substituted in the proceedings for that of the transferor Minister, and the proceedings shall not abate by reason of such substitution.

13 Completion by transferee Minister of acts, in relation to transferred functions, commenced before the operative date.

13. Anything commenced before the operative date by or under the authority of the transferor Minister may, so far as it relates to the transferred functions, be carried on or completed on or after the operative date by the transferee Minister.

14 Continuance of certain licences, etc.

14. Every licence, certificate or other like document granted or made in the exercise of any of the transferred functions shall, if and in so far as it was operative immediately before the operative date, have effect on and after the operative date as if it had been granted or made by the transferee Minister.

Articles 3 and 4.

FIRST SCHEDULE.

PART I

ENACTMENTS FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR LOCAL GOVERNMENT TO THE MINISTER FOR SOCIAL WELFARE.

1. The Education (Provision of Meals) Acts, 1914 to 1930.

2. The School Meals (Gaeltacht) Acts, 1930 and 1933.

3. The Emergency Powers (No. 108) Order, 1941 (S. R. & O. No. 400 of 1941).

4. The Emergency Powers (No. 351) Order, 1945, (S. R. & O. No. 20 of 1945).

PART II.

ENACTMENTS, CERTAIN FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR LOCAL GOVERNMENT TO THE MINISTER FOR SOCIAL WELFARE.

Ref. No.

Enactment

Provisions (functions under which are transferred from the Minister for Local Government to the Minister for Social Welfare) of the enactment mentioned in column (2) hereof

1

The Public Assistance Act, 1939 (No. 27 of 1939).

Section 5 in so far as it relates to the administration of home assistance.

Section 20 in so far as it relates to the making of orders as respects home assistance.

Sub-section (2) of section 21.

Sub-section (2) of section 25 in so far as the power conferred on the transferor Minister by paragraphs (a) and (b) of the said sub-section are exerciseable in relation to the granting of home assistance.

Section 26 in so far as it relates to the making of regulations prescribing the method of determining the cost of home assistance.

Section 39.

Section 41 in so far as it relates to an appointment to any of the offices or employments specified at (1) to (8) in the Second Schedule hereto.

Sections 62 and 67 in so far as they confer power on the transferor Minister as respects the acquisition of land by a public assistance authority for the purpose of its powers and duties relating to home assistance.

Section 71 in so far as it confers powers on the transferor Minister to consent to the appropriation and use for other purposes of land vested in a public assistance authority for the purpose of any of its powers and duties relating to home assistance.

Sub-section (1) of Section 72, in so far as it relates to the sale, exchange, letting or otherwise disposing of any land to which the said sub-section applies which is vested in a public assistance authority for the purposes of its powers and duties relating to the administration of home assistance.

Ref. No.

Enactment

Provisions (functions under which are transferred from the Minister for Local Government to the Minister for Social Welfare) of the enactment mentioned in column (2) hereof

Section 90 in so far as it relates to the making of

(a) regulations for the guidance and control of public assistance authorities and their officers in the exercise and performance of their powers and duties relating to the administration of home assistance under the said Act, and

(b) regulations for securing the efficient execution and administration of the said Act in so far as it relates to the administration of home assistance.

2

The Emergency Powers (No. 109) Order, 1941 (S. R. & O. No. 460 of 1941).

The whole Order except Article 8.

3

The Local Government Act, 1946 (No. 24 of 1946).

Section 83 in so far as it relates to the disposal of land to the acquisition of which by a local authority the consent of the transferee Minister is required by or under any enactment.

Article 6.

SECOND SCHEDULE.

OFFICERS AND EMPLOYMENTS UNDER LOCAL AUTHORITIES, THE FUNCTIONS OF THE MINISTER FOR LOCAL GOVERNMENT IN RESPECT OF WHICH UNDER CERTAIN ENACTMENTS ARE TRANSFERRED TO THE MINISTER FRO SOCIAL WELFARE.

The offices and employments of—

(1) Superintendent Assistance Officer.

(2) Assistant Superintendent Assistance Officer.

(3) Home Assistance Inspector.

(4) Assistance Officer.

(5) Assistant Assistance Officer.

(6) Fuel Inspector.

(7) Fuel Officer.

(8) Assistant Fuel Officer.

(9) Clerk to a local pension committee or sub-committee under section 8 of the Old Age Pensions Act, 1908.

(10) Inquiry Officer, Blind Welfare Scheme.

(11) Attendant, School Meals Scheme.

Article 10.

THIRD SCHEDULE.

ADAPTATIONS OF CERTAIN ENACTMENTS.

Ref. No.

Enactment

Adaptation

(1)

(2)

(3)

1

Paragraph (c) of subsection (2) of section 3 of the Local Authorities (Miscellaneous Provisions) Act, 1936 (No. of 55 of 1936.

The reference to the transferor Minister shall be construed as including a reference to the transferee Minister.

2

Sub-section (2) of section 5 of the Public Assistance Act, 1939 (No. 27 of 1939).

The reference to the transferor Minister shall he construed as including a reference to the transferee Minister.

3

Sections 66 , 68 , 69 and 70 of the Public Assistance Act, 1939 .

The references to the transferor Minister shall be construed as references to the transferee Minister as respects a compulsory acquisition order made by a public assistance authority for the purpose of its powers and duties relating to the administration of home assistance.

4

sections 77 and 91 of the Public Assistance Act, 1939 .

The references to the transferor Minister shall be construed as including references to the transferee Minister.

5

Sub-section (6) of section 83 of the Local Government Act, 1941 (No. 23 of 1941).

The reference to an inspector or officer of the transferor Minister shall be construed as including a reference to an inspector or officer of the transferee Minister.

6

Sub-section (2) of section 84 and section 85 of the Local Government Act, 1941 .

The references to the transferor Minister shall be construed as including references to the transferee Minister.

7

Section 88 of the Local Government Act, 1946 (No. 24 of 1946).

The reference to an inspector of the transferor Minister shall be construed as including a reference to an inspector of the transferee Minister.

GIVEN under the Official Seal of the Government, this 10th day of October, 1947.

ÉAMON DE VALÉRA,

Taoiseach.