S.I. No. 294/1973 - Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973.

S.I. No. 294 of 1973.

PUBLIC SERVICE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1973.

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 Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973.

(2) This Order shall come into operation on the 1st day of November, 1973.

2. In this Order, save where the context otherwise requires—

"functions" includes powers and duties;

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

"terms and conditions of service" includes terms and conditions relating to remuneration, allowances (including travelling and subsistence allowances) and superannuation arrangements.

3. (1) The administration and business in connection with the exercise, performance or execution of—

( a ) any functions transferred by Article 4 of this Order,

( b ) any functions formerly exercised, performed or executed by the British Treasury in the area of application of the laws of the State in relation to the terms and conditions of appointment to and service in any employment or office of persons remunerated in respect of such employment or office out of public funds, and

( c ) any functions referred to in section 1 (ii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that relate to equipment for the automatic processing of information,

are hereby transferred to the Department of the Public Service.

(2) References to the Department of Finance 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 the Public Service.

4. (1) The functions vested in the Minister for Finance by or under the following enactments are hereby transferred to the Minister for the Public Service:

( a ) Superannuation Acts, 1834 to 1963,

( b ) Army Pensions Acts, 1923 to 1971,

( c ) section 2 (2) of the Ministers and Secretaries Act, 1924 , in so far as it relates to the sanctioning of appointments,

( d ) section 4 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926),

( e ) Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929),

( f ) Defence Forces (Pensions) Acts, 1932 to 1968,

( g ) Workmen's Compensation Acts, 1934 to 1955,

( h ) Ministerial and Parliamentary Offices Acts, 1938 to 1973,

( i ) Oireachtas (Allowances to Members) Acts, 1938 to 1973,

( j ) Presidential Establishment Acts, 1938 to 1973 (other than section 2 of the Presidential Establishment Act, 1938 (No. 24 of 1938), in so far as it relates to the provision and maintenance of an official residence for the President),

( k ) section 64 of the Air-Raid Precautions Act, 1939 (No. 21 of 1939), as amended by section 5 of the Air-Raid Precautions (Amendment) Act, 1946 (No. 28 of 1946),

( l ) Garda Síochána (Compensation) Acts, 1941 and 1945,

( m ) Continuation of Compensation Schemes Acts, 1946 and 1949,

( n ) Industrial Relations Acts, 1946 and 1969,

( o ) Civil Service Commissioners Act, 1956 (No. 45 of 1956), except section 33 (1) (a),

( p ) Civil Service Regulation Act, 1956 (No. 46 of 1956),

( q ) Staff of the Houses of the Oireachtas Act, 1959 (No. 38 of 1959),

( r ) Courts of Justice and Court Officers (Superannuation) Act, 1961 (No. 16 of 1961),

( s ) Courts (Supplemental Provisions) Acts, 1961 to 1971,

( t ) Pensions (Increase) Act, 1964 (No. 10 of 1964), and

( u ) Pensions (Abatement) Act, 1965 (No. 13 of 1965).

(2) The functions vested in the Minister for Finance by or under the Defence Act, 1954 (No. 18 of 1954), in relation to—

( a ) the pay and allowances in the nature of pay (other than emoluments in kind) and travelling and subsistence allowances of the Defence Forces, and

( b ) the terms and conditions of service of civilians employed by the Minister for Defence,

are hereby transferred to the Minister for the Public Service.

(3) The functions vested in the Minister for Finance in relation to the terms and conditions of service of members of the Garda Síochána, including those specified in sections 12 and 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), are hereby transferred to the Minister for the Public Service.

(4) The functions vested in the Minister for Finance by or under any enactment (other than an enactment specified in any of the preceding paragraphs of this Article) in relation to the terms and conditions of service in any employment or office and in relation to numbers of civil servants (within the meaning of the Civil Service Regulation Act, 1956 ) are hereby transferred to the Minister for the Public Service.

(5) The functions vested in the Minister for Finance in relation to the terms and conditions of service in any employment or office of any persons (other than functions specified in any of the preceding paragraphs of this Article) and in relation to the terms of remuneration in any contract for services are hereby transferred to the Minister for the Public Service.

(6) References to the Minister for Finance contained in any enactment or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for the Public Service.

5. Any rights or liabilities enjoyed, or incurred before the operative date by the Minister for Finance, in connection with any functions transferred by this Order to the Minister for the Public Service, shall be and are hereby transferred to the Minister for the Public Service, and accordingly, without any further transfer or assignment—

( a ) the said rights shall, as on and from the operative date, be enjoyed by the Minister for the Public Service, and

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

6. Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Finance is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Public Service, the name of the Minister for the Public Service shall be substituted in the proceedings for that of the Minister for Finance, 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 Finance may, so far as it relates to functions transferred by this Order to the Minister for the Public Service, be carried on or completed on or after the operative date by the Minister for the Public Service.

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 the Public Service.

GIVEN under the Official Seal of the Government, this 30th day of October, 1973.

LIAM MacCOSGAIR,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for the Public Service and to the Department of the Public Service, respectively, with effect from the operative date of this Order, Ministerial functions and Departmental administration in relation to certain organisation and personnel matters.