Civil Defence Act, 2002

Transfer of functions to Minister by Government order.

10.—(1) (a) The Government may by order transfer to the Minister a function or functions of the Board where, in the opinion of the Government, there is an emergency or apprehended emergency that involves a serious risk to persons or property of such a nature or magnitude that it is necessary and expedient that the function be performed by the Minister.

(b) The Government may by order amend or revoke an order under this subsection (including an order under this paragraph).

(c) If a provision of an order under this subsection that transfers a function is revoked, the function shall thereupon become and be vested in the Board.

(2) (a) An order under this section may contain such ancillary, subsidiary and incidental provisions as the Government may determine, including provision for the transfer of property, rights and liabilities associated with a function or functions so transferred.

(b) Without prejudice to the generality of paragraph (a), an order under this section may—

(i) specify terms, conditions and restrictions upon and subject to which a function transferred by the order is to be performed by the Minister,

(ii) provide for the use by the Minister of the services of the staff of the Board,

(iii) provide for such financial arrangements and adjustments between the Board and the Minister as are considered proper by the Government,

(iv) provide for such other matters as are considered by the Government to be necessary to enable the transfer of a function to which the order relates to have full effect and to enable the function to be performed by the Minister.