S.I. No. 18/1947 - Social Welfare (Transfer of Departmental Administration and Ministerial Functions) (No. 1) Order, 1947.


STATUTORY RULES AND ORDERS. 1947. No. 18.

SOCIAL WELFARE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (No. 1) ORDER, 1947.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), and of every and any other power them in this behalf enabling, hereby order as follows :—

1 ..

1.—(1) This Order may be cited as the Social Welfare (Transfer of Departmental Administration and Ministerial Functions) (No. 1) Order, 1947.

(2) This Order shall come into operation on the 22nd day of January, 1947.

2 Interpretation.

2. In this Order :—

enactment.

references to any enactment shall be construed as including references to any instrument made under that enactment and, if that enactment was amended by any order made under section 2 of the Emergency Powers Act, 1939 (No. 28 of 1939), and continued in force by section 3 of the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946), as including references to that enactment as so amended ;

functions.

the word " functions " includes powers and duties ;

operative date

the expression " the operative date " means the date on which this Order comes into operation ;

scheduled enactment.

the expression " scheduled enactment " means an enactment mentioned in column (2) of the Schedule to this Order ;

scheduled Minister.

the expression " scheduled Minister " means a Minister of State whose title is set out in column (3) of the Schedule to this Order.

3 Transfer to Department of Social Welfare of administration and business connected with transferred Ministerial functions, and consequential adaptations.

3.—(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Social Welfare.

(2) In any scheduled enactment, references to a Department of State, from which any administration and business referred to in paragraph (1) of this Article are transferred to the Department of Social Welfare by that paragraph, shall, on and after the operative date, be construed as references to the Department of Social Welfare.

4 Transfer of certain functions of scheduled Ministers to Minister for Social Welfare, and consequential adaptations.

4.—(1) The functions vested, by or under any enactment mentioned in column (2) of the Schedule to this Order at any reference number, in the Minister of State, whose title is set out in column (3) of the said Schedule at the said reference number, are hereby transferred to the Minister for Social Welfare.

(2) In any enactment set out in column (2) of the Schedule to this Order at any reference number, references to the Minister of State, whose title is set out in column (3) of the said Schedule at the said reference number, shall, on and after the operative date, be construed as references to the Minister for Social Welfare.

5 Transfer of certain property, rights and liabilities to the Minister for Social Welfare.

5—(1) All property (real or personal), rights and liabilities held, enjoyed, or incurred before the operative date by a scheduled Minister, in connection with any functions transferred by this Order from that scheduled Minister to the Minister for Social Welfare, shall be and are hereby transferred to the Minister for Social Welfare, and accordingly, without any further conveyance, transfer or assignment—

(a) the said property shall on the operative date vest in the Minister for Social Welfare,

(b) the said rights shall, as on and from the operative date, be enjoyed by the Minister for Social Welfare,

(c) the said liabilities shall, as on and from the operative date, be the liabilities of the Minister for Social Welfare.

(2) All moneys, stocks, shares and securities transferred to the Minister for Social Welfare by this Article which, on the operative date, are standing in the books of any corporation or company in the name of a scheduled Minister shall, upon the request of the Minister for Social Welfare, be transferred into his name.

6 Pending legal proceedings in relation to transferred functions.

6. Where, immediately before the operative date, any legal proceedings are pending to which a scheduled Minister is a party and the proceedings have reference to functions transferred by this Order from that scheduled Minister to the Minister for Social Welfare, the name of the Minister for Social Welfare shall be substituted in the proceedings for that of the said scheduled Minister, and the proceedings shall not abate by reason of such substitution.

7 Completion by Minister for Social Welfare of acts, in relation to transferred functions, commenced before the operative date.

7. Anything commenced before the operative date by or under the authority of a scheduled Minister may, so far as it relates to functions transferred by this Order from that scheduled Minister to the Minister for Social Welfare, be carried on or completed on or after the operative date by the Minister for Social Welfare.

8 Continuance of certain licences, etc.

8. Every licence, certificate or other like document 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 operative date, have effect on and after the operative date as if it had been granted or made by the Minister for Social Welfare.

SCHEDULE.

Ref. No.

Enactment, Ministerial functions under which are transferred from Ministers mentioned in column (3) hereof to the Minister for Social Welfare

Ministers, whose functions under enactments set out in column (2) hereof, are transferred to the Minister for Social Welfare.

(1)

(2)

(3)

1

Old Age Pensions Acts, 1908 to 1938

Minister for Finance.

2

Old Age Pensions Act, 1908 to 1938.

Minister for Local Government and Public Health

3

Labour Exchange Act, 1909.

Minister for Industry and Commerce.

4

National Health Insurance Acts, 1911 to 1942, except—

Minister for Local Government and Public Health

(a) so much of sections 63, 64 and sebsection 14 of Section 81 of the National Insurance Act, 1911, as confers or imposes functions on the Minister for Local Government and Public Health as successor to the former Local Government Board for Ireland.

(b) section 77 of the National Insurance Act, 1911, and

(c) section 24 of the National Health Insurance Act, 1929 (No. 42 of 1929).

5

Unemployment Insurance Acts, 1920 to 1946.

Minister for Industry and Commerce.

6

Unemployment Assistance Acts, 1933 to 1940.

Minister for Industry and Commerce.

7

Widows' and Orphans' Pensions Acts, 1935 to 1940.

Minister for Local Government and Public Health.

8

Section 56 of the Widows' and Orphans' Pensions Act, 1935 (No. 29 of 1935).

Minister for Industry and Commerce.

9

Emergency Powers (No. 107) Order, 1941 (S. R. & O. No. 385 of 1941), as amended by subsequent Orders.

Minister for Industry and Commerce.

10

Emergency Powers (No. 107) Order, 1941 (S. R. & O. No. 385 of 1941), as amended by subsequent Orders.

Minister for Local Government and Public Health.

11

Emergency Powers (No. 107) Order, 1941 (S. R. & O. No. 385 of 1941), as amended by subsequent Orders.

Minister for Finance.

12

Emergency Powers (Food Allowances) Order, 1941 (S. R. & O. No. 412 of 1941), as amended by subsequent Orders.

Minister for Industry and Commerce.

SCHEDULE.

Ref. No.

Enactments, Ministerial functions under which are transferred from Ministers mentioned in column (3) hereof to the Minister for Social Welfare

Ministers, whose functions under enactments set out in column (2) hereof, are transferred to the Minister for Social Welfare.

(1)

(2)

(3)

13

Insurance (Intermittent Unemployment) Act, 1942 (No. 7 of 1942).

Minister for Industry and Commerce.

14

Emergency Powers (No. 243) Order, 1942 (S. R. & O. No. 503 of 1942).

Minister for Industry and Commerce.

15

Emergency Powers (No. 318) Order, 1944 (S. R. & O. No. 101 of 1944).

Minister for Local Government and Public Health.

16

Children's Allowances Acts, 1944 and 1946.

Minister for Industry and Commerce.

GIVEN under the Official Seal of the Government this 21st day of January, 1947.

(Sgd.) ÉAMON DE VALÉRA,

Taoiseach.