S.I. No. 638/2015 - Valuation Office (Transfer of Departmental Administration and Ministerial Functions) Order 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th December, 2015.

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 Valuation Office (Transfer of Departmental Administration and Ministerial Functions) Order 2015.

(2) This Order comes into operation on 1 January 2016.

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 Public Expenditure and Reform 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 Public Expenditure and Reform—

(a) subject to paragraph (2), by or under Parts 1 to 12 and 13 of the Valuation Act 2001 (No. 13 of 2001), and

(b) under section 14 of the Valuation (Amendment) Act 2015 (No. 10 of 2015),

are transferred to the Minister for Justice and Equality.

(2) This Article does not apply to–

(a) section 4(5),

(b) section 4(6) (in so far as it relates to directions in accordance with which fees charged pursuant to regulations under section 4(2) shall be paid into or disposed of for the benefit of the Exchequer),

(c) section 6(2),

(d) section 9(6),

(e) section 10(1),

(f) section 56(2), and

(g) paragraph 1(7) of Schedule 2,

of the Valuation Act 2001 .

(3) References to the Minister for Public Expenditure and Reform 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 Justice and Equality.

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 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 Public Expenditure and Reform 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 Public Expenditure and Reform may, in so far as it relates to functions transferred by this Order to the Minister for Justice and Equality, be carried on or completed from 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.

7. References to the Minister for Public Expenditure and Reform contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Justice and Equality.

8. (1) 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 Justice and Equality and, accordingly, without any further conveyance, transfer or assignment, on such commencement—

(a) that property, real and personal, vests in the Minister for Justice and Equality,

(b) those rights shall be enjoyed by the Minister for Justice and Equality, and

(c) those liabilities are liabilities of the Minister for Justice and Equality.

(2) All moneys, stocks, shares and securities transferred to the Minister for Justice and Equality by this Article that, on the commencement of this Order, are standing in the name of the Minister for Public Expenditure and Reform shall, on the request of the Minister for Justice and Equality, be transferred into the name of the Minister for Justice and Equality.

GIVEN under the Official Seal of the Government,

1 December 2015.

ENDA KENNY,

Taoiseach.