S.I. No. 196/2011 - Community Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2011.

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 Community Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

(2) This Order comes into operation on 1 May 2011.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of the Environment, Heritage and Local Government.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of the Environment, Heritage and Local Government.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs—

(a) by or under—

(i) the Western Development Commission Act 1998 (No. 42 of 1998),

(ii) the Dormant Accounts Act 2001 (No. 32 of 2001), and

(iii) the Unclaimed Life Assurance Policies Act 2003 (No. 2 of 2003),

(b) under section 2 (in so far as it relates to the functions referred to in paragraphs (a) to (c) and (f) (in so far as it relates to paragraphs (a) to (c)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007), and

(c) in relation to—

(i) any programmes, schemes and funds arising from the performance of the functions referred to in subparagraph (b), including the programmes, schemes and fund specified in the Schedule, and

(ii) Pobal,

are transferred to the Minister for the Environment, Heritage and Local Government.

(2) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for the Environment, Heritage and Local Government.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Community, Equality and Gaeltacht Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Environment, Heritage and Local Government, the name of the Minister for the Environment, Heritage and Local Government 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 Community, Equality and Gaeltacht Affairs or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Community, Equality and Gaeltacht Affairs may, in so far as it relates to functions transferred by this Order to the Minister for the Environment, Heritage and Local Government, be carried on or completed on or after such commencement by the Minister for the Environment, Heritage and Local Government.

6. Every document (including any certificate or licence) granted or made in the performance 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 from such commencement as if it had been granted or made by the Minister for the Environment, Heritage and Local Government.

7. References to the Minister for Community, Equality and Gaeltacht Affairs contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for the Environment, Heritage and Local Government.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Community, Equality and Gaeltacht Affairs in connection with the functions transferred by this Order are transferred to the Minister for the Environment, Heritage and Local Government and, accordingly, without any further conveyance, transfer or assignment, on such commencement—

(a) that property, real and personal, vests in the Minister for the Environment, Heritage and Local Government,

(b) those rights shall be enjoyed by the Minister for the Environment, Heritage and Local Government, and

(c) those liabilities are liabilities of the Minister for the Environment, Heritage and Local Government.

(2) All moneys, stocks, shares and securities transferred to the Minister for the Environment, Heritage and Local Government by this Article which, on the commencement of this Order, are standing in the name of the Minister for Community, Equality and Gaeltacht Affairs shall on the request of the Minister for the Environment, Heritage and Local Government be transferred into the name of the Minister for the Environment, Heritage and Local Government.

SCHEDULE

Ceantair Laga Árd-Riachtanais (CLÁR) Programme

EU INTERREG IIIA Programme Ireland/Northern Ireland 2000-2006

EU INTERREG IVA Programme for Northern Ireland, the Border Region of Ireland and Western Scotland 2007-2013

EU Programme for Peace and Reconciliation in Northern Ireland and the Border Region of Ireland 2000-2006

EU Programme for Peace and Reconciliation in Northern Ireland and the Border Region of Ireland 2007-2013

Farm Electrification Grant Scheme

Farm Relief Services

LEADER+ 2000-2006

Local and Community Development Programme

National Rural Development Programme 2000-2006

Programme for Revitalising Areas by Planning, Investment and Development (RAPID)

Rural Development Fund

Rural Development Programme 2007-2013

Scheme of Community Support for Older People

Scheme to support organisations in the Community and Voluntary sector

Scheme to support the Social Partners in the Community and Voluntary Pillar

Scheme to support volunteering

Seniors Alert Scheme

Walks Scheme

GIVEN under the Official Seal of the Government,

19 April 2011.

ENDA KENNY,

Taoiseach.