S.I. No. 280/2014 - Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th June, 2014.

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 Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2014.

(2) This Order comes into operation on 17th June 2014.

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Justice and Equality.

(2) References to the Department of Communications, Energy and Natural Resources 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 Justice and Equality.

3. (1) The functions vested in the Minister for Communications, Energy and Natural Resources by virtue of the Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2012 ( S.I. No. 76 of 2012 ) are transferred to the Minister for Justice and Equality.

(2) References to the Minister for Communications, Energy and Natural Resources contained in any Act or any instrument made thereunder and relating to any functions transferred by this Article shall, on and from the commencement of this Order, be construed as references to the Minister for Justice and Equality.

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

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 Justice and Equality.

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GIVEN under the Official Seal of the Government,

17 June 2014.

ENDA KENNY,

Taoiseach.