S.I. No. 435/2020 - Youth Justice (Transfer of Departmental Administration and Ministerial Functions) Order 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th October, 2020.

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 Youth Justice (Transfer of Departmental Administration and Ministerial Functions) Order 2020.

(2) This Order comes into operation on 14 October 2020.

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 Justice and Equality.

(2) References to the Department of Children and Youth Affairs contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after 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 Children and Youth Affairs in relation to -

(a) the administration of the scheme commonly known as the Bail Supervision Scheme,

(b) the project commonly known as the Greentown Project, and

(c) the project commonly known as the Research Evidence into Practice Project,

are transferred to the Minister for Justice and Equality.

(2) References to the Minister for Children and Youth Affairs contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after 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 Children and Youth Affairs 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 Children and Youth 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 Children and Youth Affairs 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 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, if and in so far as it was operative immediately before the commencement of this Order, has effect on and after such commencement as if it had been granted or made by the Minister for Justice and Equality.

7. References to the Minister for Children and Youth Affairs 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 Justice and Equality.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Children and Youth Affairs in connection with the functions transferred by this Order are transferred on the commencement to the Minister for Justice and Equality and, accordingly, without any further conveyance, transfer or assignment-

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

(b) those rights are rights of 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 which, on the commencement of this Order, are standing in the name of the Minister for Children and Youth Affairs shall, on the request of the Minister for Justice and Equality, be transferred into the name of the Minister for Justice and Equality.

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GIVEN under the Official Seal of the Government,

13 October, 2020.

MICHEÁL MARTIN,

Taoiseach.