S.I. No. 176/2003 - Family Mediation Service (Transfer of Departmental Administration and Ministerial Functions) Order 2003

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 Family Mediation Service (Transfer of Departmental Administration and Ministerial Functions) Order 2003.

 (2)       This Order is deemed to have come into operation on 1 January 1998.

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 transferred to the Department of Social and Family Affairs.

 (2)       References to the Department of Justice, 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 reference to the Department of Social and Family Affairs.

4.        (1)       The functions vested in the Minister for Justice, Equality and Law Reform in relation to the family mediation service are transferred to the Minister for Social and Family Affairs.

 (2)       References to the Minister for Justice, 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 Social and Family Affairs.

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

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 Social and Family Affairs.

8.        References to the Minister for Justice, 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 Social and Family Affairs.

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

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

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

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