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S.I. No. 32/1996 - Community Employment (Transfer of Departmental Administration and Ministerial Functions) Order, 1996.

S.I. No. 32 of 1996.

COMMUNITY EMPLOYMENT (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1996.

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 Community Employment (Transfer of Departmental Administration and Ministerial Functions) Order, 1996.

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 Enterprise and Employment.

(2) References to the Department of the Taoiseach 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 Enterprise and Employment.

4. (1) There are hereby transferred to the Minister for Enterprise and Employment the functions vested in the Taoiseach for the programme "Community Employment", in so far as it operates in the areas designated under the Local Urban and Rural Development Programme.

(2) References to the Taoiseach 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 Minister for Enterprise and Employment.

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

7. Every document (including any certificate or licence) granted or made in the exercise of the 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 Minister for Enterprise and Employment.

8. References to the Taoiseach 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 Minister for Enterprise and Employment.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Taoiseach in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Enterprise and Employment 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 Enterprise and Employment.

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

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

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

GIVEN under the Official Seal of the Government, this 6th

day of February, 1996.

JOHN BRUTON,

Taoiseach.