S.I. No. 214/1966 - Labour (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1966.

S.I. No. 214 of 1966.

LABOUR (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (No. 2) 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) (No. 2) Order, 1966.

(2) This Order shall come into operation on the 3rd day of October, 1966.

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 Social Welfare 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 Social Welfare by or under the Labour Exchanges Act, 1909, are hereby transferred to the Minister for Labour.

(2) References to the Minister for Social Welfare contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the operative rate, be construed as references to the Minister for Labour.

5. (1) All property (real or personal), rights and liabilities held, enoyed or incurred before the operative date by the Minister for Social Welfare, 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 Social Welfare 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 Social Welfare 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 Social Welfare 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 Social Welfare 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. The power of appointment conferred by section 41 of the Social Welfare Act, 1952 (No. 11 of 1952), shall be construed as including a power of appointment from officers of the Minister for Labour subject to prior consultation with that Minister and the power of removal from office conferred by that section shall, in the case of a person appointed by virtue of this Article, be construed as being exercisable only after prior consultation with the Minister for Labour.

GIVEN under the Official Seal of the Government, this 20th day of September, 1966.

SEÁN F. LEMASS,

Taoiseach.