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S.I. No. 404/1993 - Community Employment Development Programme (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

S.I. No. 404 of 1993.

COMMUNITY EMPLOYMENT DEVELOPMENT PROGRAMME (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 Minister and Secretaries (Amendment) Act, 1939), hereby order as follows:

1. (i) This Order may be cited as the Community Employment Development Programme (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

(ii) This Order shall come into operation on the 1st day of January, 1994.

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 the Taoiseach.

(2) References to the Department of Enterprise and Employment contained in any Act or any 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 the Taoiseach.

4. (1) There are hereby transferred to the Taoiseach the functions vested in the Minister for Enteprise and Employment for the Community Employment Development Programme.

(2) References to the Minister for Enterprise and Employment contained in the Labour Services Act, 1987 , (No. 15 of 1987) in so far as they relate to the administration and business transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Taoiseach.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Enterprise and Employment is a party and the proceedings have reference to functions transferred by this Order to the Taoiseach, the name of the Taoiseach shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for Enterprise and Employment 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 commencment of this Order by or under the authority of the Minister for Enterprise and Employment may in so far as it relates to functions transferred by this Order to the Taoiseach be carried on or completed on or after such commencement by the Taoiseach.

7. Every document (including any certificate or licence) 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 commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Taoiseach.

8. References to the Minister for Enterprise and Employment 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 construed as references to the Taoiseach.

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

( a ) the said property, real and personal, shall, on such commencement, vest in the Taoiseach,

( b ) the said rights shall, as on and from such commencement, be enjoyed by the Taoiseach, and

( c ) the said liabilities shall, as on and from such commencement, be the liabilities of the Taoiseach.

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

GIVEN under the Official Seal of the Government, this 21st day of December, 1993.

ALBERT REYNOLDS,

Taoiseach.