S.I. No. 109/2024 - Infrastructure for Spatial Information in the European Community (INSPIRE) (Transfer of Departmental Administration and Ministerial Functions) Order 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th March, 2024.

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 Infrastructure for Spatial Information in the European Community (INSPIRE) (Transfer of Departmental Administration and Ministerial Functions) Order 2024.

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, Climate and Communications.

(2) References to the Department of Housing, Local Government and Heritage contained in any Act or any instrument made under an 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 the Environment, Climate and Communications.

3. (1) The functions vested in the Minister for Housing, Local Government and Heritage under the –

(a) European Communities (Establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)) Regulations 2010 ( S.I. No. 382 of 2010 ), and

(b) European Communities (Establishing an Infrastructure for European Spatial Information in the European Community (INSPIRE)) (Amendment) Regulations 2018 ( S.I. No. 280 of 2018 ),

are transferred to the Minister for the Environment, Climate and Communications.

(2) References to the Minister for Housing, Local Government and Heritage contained in any Act or instrument made under such Act 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, Climate and Communications.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Housing, Local Government and Heritage is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Environment, Climate and Communications, the name of the Minister for Housing, Local Government and Heritage 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 the Environment, Climate and Communications 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 Housing, Local Government and Heritage may, in so far as it relates to functions transferred by this Order to the Minister for the Environment, Climate and Communications, be carried on or completed on or after such commencement by the Minister for the Environment, Climate and Communications.

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, Climate and Communications.

7. References to the Minister for Housing, Local Government and Heritage contained in the constitution 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, Climate and Communications.

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

(a) that property, both real and personal, vests in the Minister for the Environment, Climate and Communications,

(b) those rights shall be enjoyed by the Minister for the Environment, Climate and Communications, and

(c) those liabilities are liabilities of the Minister for the Environment, Climate and Communications.

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

GIVEN under the Official Seal of the Government,

5 March, 2024.

LEO VARADKAR,

Taoiseach.