S.I. No. 164/1966 - Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966.

S.I. No. 164 of 1966.

LABOUR (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1966.

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 Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966.

(2) This Order shall come into operation on the day appointed under section 1 of the Ministers and Secretaries (Amendment) Act, 1966 (No. 18 of 1966), to be the appointed day for the purposes of that Act.

2. In this Order—

" functions " includes powers and duties ;

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

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 Labour.

(2) References to the Department of Industry and Commerce 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 Labour.

4. (1) The functions vested in the Minister for Industry and Commerce by or under the Acts mentioned in the First Schedule to this Order are hereby transferred to the Minister for Labour.

(2) The functions vested in the Minister for Industry and Commerce by or under the provisions mentioned in the third column of the Second Schedule to this Order at any reference number of any Act mentioned in the second column of that schedule at that reference number are hereby transferred to the Minister for Labour.

(3) The functions vested in the Minister for Industry and Commerce under Article 5 (3) (b) of the Aliens Order, 1946 ( S. R. & O. No. 395 of 1946 ) are hereby transferred to the Minister for Labour.

(4) The functions vested in the Minister for Industry and Commerce, whether by or under any Act or instrument made thereunder or otherwise, in relation to labour and not transferred by the preceding paragraphs of this Article are hereby transferred to the Minister for Labour.

(5) References to the Minister for Industry and Commerce contained in any Act or instrument made thereunder, and in the Order mentioned in paragraph (3) of this Article, and relating to any functions transferred by this Article shall, on and after the operative date, be construed as reference to the Minister for Labour.

5. (1) All property (real or personal), rights and liabilities held, enjoyed or incurred before the operative date by the Minister for Industry and Commerce, in connection with any functions transferred by this order to the Minister for Labour, shall be and are hereby transferred to the Minister for Labour, and, accordingly, without any further conveyance, transfer or assignment—

(a) the said property shall on the operative date vest in the Minister for Labour,

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

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

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

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

7. Anything commenced before the operative date by or under the authority of the Minister for Industry and Commerce may, so far as it relates to functions transferred by this Order to the Minister for Labour, be carried on or completed on or after the operative date by the Minister for Labour.

8. Every licence, certificate or other like document 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 operative date, have effect on or after the operative date as if it had been granted or made by the Minister for Labour.

9. Notwithstanding Articles 1 and 2 of this Order, this Order shall, in so far as it relates to the Mines and Quarries Act, 1965 (No. 7 of 1965), other than Section 2, come into operation on the commencement of that Act, and in this Order " operative date ", in relation to that Act, other than the said Section 2, means the date of the commencement of that Act.

FIRST SCHEDULE.

Article (4) 1

Acts, functions under which are transferred from the Minister for

Industry and Commerce to the Minister for Labour.

Truck Acts, 1831 to 1896.

Trade Union Acts, 1871 to 1952.

Metalliferous Mines Regulation Act, 1872.

Metalliferous Mines Regulation Act, 1875.

Slate Mines (Gunpowder) Act, 1882.

Boiler Explosion Acts, 1882 and 1890.

Payment of Wages in Public Houses Prohibition Act, 1883.

Coal Mines Regulation Act, 1887.

Quarries Act, 1894.

Coal Mines (Check Weigher) Act, 1894.

Mines (Prohibition of Child Labour Underground) Act, 1900.

Coal Mines (Weighing of Minerals) Act, 1905.

Notice of Accidents Act, 1906.

Coal Mines Regulation Act, 1908.

Mines Accidents (Rescue and Aid) Act, 1910.

Coal Mines Act, 1911.

Coal Mines Act, 1914.

Police, Factories etc., (Miscellaneous Provisions) Act, 1916.

Mining Industry Act, 1920.

Employment of Women, Young Persons and Children Act, 1920.

Carriage-by-Sea (Heavy Articles) Act, 1934.

Conditions of Employment Acts, 1936 and 1944.

Night Work (Bakeries) Act, 1936 .

Shops (Conditions of Employment) Acts, 1938 and 1942.

Industrial Relations Acts, 1946 and 1955.

Factories Act, 1955 .

Office Premises Act, 1958 .

Apprenticeship Act, 1959 .

Holidays (Employees) Act, 1961 .

Mines and Quarries Act, 1965 .

SECOND SCHEDULE.

Article 4 (2)

Acts, certain functions under which are transferred from the Minister for Industry and Commerce to the Minister for Labour.

GIVEN under the Official Seal of the Government, this 12th day of July, 1966.

SEAN F. LEMASS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Labour and to the Department of Labour, respectively, with effect as from the operative date of this Order, Ministerial functions and Departmental administration in relation to Labour.