S.I. No. 18/1993 - Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

S.I. No. 18 of 1993.

LABOUR (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1993.

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. This Order may be cited as the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

2. In this Order "functions" includes powers and duties.

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 Industry and Commerce.

(2) References to the Department of Labour 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 commencement of this Order, be construed as references to the Department of Industry and Commerce.

4. (1) There are hereby transferred to the Minister for Industry and Commerce the functions vested in the Minister for Labour by or under:—

( a ) any Act mentioned in the Schedule to this Order, and

( b ) any regulation mentioned in the Schedule to this Order, and

( c ) the provisions mentioned in the Schedule to the Order so mentioned.

(2) References to the Minister for Labour contained in any Act or instrument thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Industry and Commerce.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Labour is a party and the proceedings have reference to functions transferred by this Order to the Minister for Industry and Commerce, the name of the Minister for Industry and Commerce shall, insofar as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for Labour, or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

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

7. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and insofar as it was operative immediately before the commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for Industry and Commerce.

8. References to the Minister for Labour contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construced as references to the Minister for Industry and Commerce.

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

( a ) the said property, real and personal, shall, on such commencement, vest in the Minister for Industry and Commerce,

( b ) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Industry and Commerce, and

( c ) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Industry and Commerce.

(2) All moneys, stocks, shares and securities transferred to the Minister for Industry and Commerce by this Article which, on such commencement, are standing in the name of the Minister for Labour shall on the request of the Minister for Industry and Commerce be transferred into his name.

SCHEDULE

PART I

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

Boiler Explosion Acts, 1882 and 1890.

Conditions of Employment Acts, 1936 and 1944.

Dangerous Substances Acts, 1972 and 1979.

Employment Agency Act, 1971 (No. 27 of 1971).

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

Holidays (Employees) Acts, 1973 and 1991.

Industrial Relations Acts, 1946 to 1990.

Industrial Training Act, 1967 (No. 5 of 1967).

Labour Services Act, 1987 (No. 15 of 1987).

Mines and Quarries Act, 1965 (No. 7 of 1965).

Minimum Notice and Terms of Employment Acts, 1973 to 1991.

Night Work (Bakeries) Acts, 1936 and 1981.

Office Premises Act, 1958 (No. 3 of 1958).

Payment of Wages Act, 1991 (No. 25 of 1991).

Payment of Wages in Public Houses Prohibition Act, 1883.

Protection of Employment Act, 1977 (No. 7 of 1977).

Protection of Employees (Employers' Insolvency) Acts, 1984 to 1991.

Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977).

Redundancy Payments Acts, 1967 to 1991.

Safety in Industry Acts, 1955 and 1980.

Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989).

Safety, Health and Welfare (Offshore Installations) Act, 1987 (No. 18 of 1987).

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

Tourist Traffic Act, 1952 (No. 15 of 1952).

Trade Union Acts, 1871 to 1990.

Unfair Dismissals Acts, 1977 to 1991.

Worker Participation (State Enterprises) Acts, 1977 to 1991.

Worker Protection (Regular Part-Time Employees)Act, 1991 (No. 5 of 1991) (except in so far as it relates to the Maternity Protection of Employees Act, 1981 (No. 2 of 1981)).

Youth Employment Agency Act, 1981 (No. 32 of 1981).

PART 2

Regulations functions under which are transferred from the Minister for Labour to the Minister for Industry and Commerce.

European Communities (Safeguarding of Employees Rights and Transfer of Undertakings) Regulations, 1980 ( S.I. No. 306 of 1980 ).

Industrial Training Levy (Appeal Tribunal) Regulations, 1970 (S.I. 166 of 1970).

Youth Employment Levy Regulations, 1982 ( S.I. No. 84 of 1982 ).

PART 3

Order functions under which are transferred from the Minister for Labour to the Minister for Industry and Commerce Article 4 (inserted by the Aliens (Amendment) Order, 1975 ( S.I. No. 128 of 1975 ) of the Aliens Order, 1946 ( S. R. & O. No. 395 of 1946 )).

GIVEN under the Official Seal of the Government, this 20th day of January, 1993.

ALBERT REYNOLDS,

EXPLANATORY NOTE.

This Order transfers from the Minister for Labour to the Minister for Industry and Commerce specified Ministerial functions and from the Department of Labour to the Department of Industry and Commerce specified Departmental administration.