S.I. No. 845/2005 - Social Economy Programme (Transfer of Departmental Administration and Ministerial Functions) Order 2005

S.I. No. 845 of 2005

SOCIAL ECONOMY PROGRAMME (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER 2005

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 Social Economy Programme (Transfer of Departmental Administration and Ministerial Functions) Order 2005.

(2)  This Order comes into operation on 1 January 2006.

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 the Community, Rural and Gaeltacht Affairs.

(2)  References to the Department of Enterprise, Trade 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 Community, Rural and Gaeltacht Affairs.

4. (1) The functions vested in the Minister for Enterprise, Trade and Employment in respect of the programme known as the “Social Economy Programme” are transferred to the Minister for Community, Rural and Gaeltacht Affairs.

(2)  References to the Minister for Enterprise, Trade 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 Minister for Community, Rural and Gaeltacht Affairs.

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

8. Reference to the Minister for Enterprise, Trade 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 Minister for Community, Rural and Gaeltacht Affairs.

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

(a)  that property, both real and personal, vests in the Minister for Community, Rural and Gaeltacht Affairs.

(b)  those rights are rights of the Minister for Community, Rural and Gaeltacht Affairs, and

(c)  those liabilities are liabilities of the Minister for Community, Rural and Gaeltacht Affairs.

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

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for Community, Rural and Gaeltacht Affairs and to the Department of Community, Rural and Gaeltacht Affairs, respectively with effect from the date of this Order, Departmental Administration and Ministerial functions in relation to the “Social Economy Programme”.