S.I. No. 476/2014 - Construction Contracts (Transfer of Departmental Administration and Ministerial Functions) Order 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st October, 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. This Order may be cited as the Construction Contracts (Transfer of Departmental Administration and Ministerial Functions) Order 2014.

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 4 are transferred to the Department of Jobs, Enterprise and Innovation.

(2) References to the Department of Public Expenditure and Reform contained in any Act or any instrument made under such Act 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 Jobs, Enterprise and Innovation.

3. The functions vested in the Minister for Public Expenditure and Reform by or under the Construction Contracts Act 2013 (No. 34 of 2013), are transferred to the Minister for Jobs, Enterprise and Innovation.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Public Expenditure and Reform is a party and the proceedings have reference to functions transferred by this Order, the name of the Minister for Jobs, Enterprise and Innovation shall be substituted for the name of the Minister for Public Expenditure and Reform in those proceedings and the proceedings shall not abate by reason of such substitution.

5. Anything commenced but not completed before the commencement of this Order by or under the authority of the Minister for Public Expenditure and Reform may, in so far as it relates to functions transferred by this Order, be carried on or completed by the Minister for Jobs, Enterprise and Innovation.

6. 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 from such commencement as if it had been granted or made by the Minister for Public Expenditure and Reform.

7. A references to the Minister for Public Expenditure and Reform 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 a reference to the Minister for Jobs, Enterprise and Innovation.

8. All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Public Expenditure and Reform in connection with the functions transferred by this Order are transferred to the Minister for Jobs, Enterprise and Innovation and, accordingly, without any further conveyance, transfer or assignment—

(a) that property, both real and personal, vests in the Minister for Jobs, Enterprise and Innovation,

(b) those rights are rights of the Minister for Jobs, Enterprise and Innovation,

(c) those liabilities are liabilities of the Minister for Jobs, Enterprise and Innovation.

GIVEN under the Official Seal of the Government,

14 October 2014.

ENDA KENNY,

Taoiseach.