S.I. No. 83/1972 - Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1972.

S.I. No. 83 of 1972.

HEALTH (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1972.

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 Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1972.

(2) This Order shall come into operation on the 1st day of April, 1972.

2. In this Order—

"the Act of 1920" means the Blind Persons Act, 1920, as amended;

"functions" includes powers and duties;

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

"the Order of 1947" means the Social Welfare (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1947 (S.R. and O., No. 329 of 1947).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order to the Minister for Health are hereby transferred to the Department of Health.

(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 Health.

4. (1) The functions which are vested in the Minister for Social Welfare by virtue of the Act of 1920 and Article 5 of the Order of 1947 are hereby transferred to the Minister for Health.

(2) The references in the Act of 1920, which by virtue of the Order of 1947 are to be construed as references to the Minister for Social Welfare, shall, on and after the operative date, be construed as references to the Minister for Health.

5. All rights and liabilities enjoyed 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 Health, shall be and are hereby transferred to the Minister for Health, and accordingly, without any further transfer or assignment—

(a) the said rights shall, as on and from the operative date, vest in the Minister for Health,

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

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 Health, the name of the Minister for Health 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 Health, be carried on or completed on or after the operative date by the Minister for Health.

GIVEN under the Official Seal of the Government, this 21st day of March, 1972.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Department of Health and Minister for Health respectively, departmental administration and Ministerial functions relating to the welfare of blind persons under the Blind Persons Act, 1920.