S.I. No. 297/1997 - Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order, 1997


S.I. No. 297 of 1997.

EQUALITY AND LAW REFORM (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1997

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 Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order, 1997.

(2) This Order shall come into operation on the 8th day of July, 1997.

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 Justice.

(2) References to the Department of Equality and Law Reform 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 Justice.

4. (1) The functions vested in the Minister for Equality and Law Reform

( a ) by or under any of the Acts mentioned in the Schedule to this Order, and

( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 34 of 1993 ).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made 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 Justice.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Equality and Law Reform is a party and the proceedings have reference to functions transferred by this Order to the Minister for Justice, the name of the Minister for Justice 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 Equality and Law Reform 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 Equality and Law Reform may, in so far as it relates to functions transferred by this Order to the Minister for Justice, be carried on or completed on or after such commencement by the Minister for Justice.

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 Minister for Justice.

8. References to the Minister for Equality and Law Reform 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 the Justice.

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

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

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

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

SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.

Anti-Discrimination (Pay) Act, 1974

(No. 15 of 1974)

Employment Equality Act, 1977

(No. 16 of 1977)

Child Abduction and Enforcement of Custody Orders Act, 1991

(No. 6 of 1991)

Maintenance Act, 1994

(No. 28 of 1994)

Maternity Protection Act, 1994

(No. 34 of 1994)

Leave Act, 1995   (No. 2 of 1995)

Family Law Act, 1995

(No. 26 of 1995)

Civil Legal Aid Act, 1995

(No. 32 of 1995)

Domestic Violence Act, 1996

(No. 1 of 1996)

Powers of Attorney Act, 1996

(No. 12 of 1996)

Pensions (Amendment) Act, 1996

(No. 18 of 1996)

Family Law ( Divorce) Act, 1996

(No. 33 of 1996)

Civil Liability (Amendment) Act, 1996

(No. 42 of 1996)

Given under the Official Seal of the Government, this 8th day of July, 1997.

BERTIE AHERN T.D.,

TAOISEACH

EXPLANATORY NOTE

This Order transfers to the Minister for Justice with effect from 8 July, 1997 all Ministerial functions and Departmental Administration in relation to Equality and Law Reform.