S.I. No. 256/1949 - Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1949.

S.I. No. 256 of 1949.

HEALTH (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1949.

ARRANGEMENT OF ARTICLES.

Article.

3. Transfer to Department of Health of administration and business connected with transferred functions and consequential adaptations.

4. Transfer to Minister for Health of certain functions of the Minister for Local Government under enactments mentioned in Schedule and consequential adaptations.

5. Transfer to Minister for Health of functions of Minister for Local Government under certain enactments and consequential adaptations.

6. Transfer to Minister for Health of certain functions of the Minister for Local Government under Local Government Act, 1941, and Local Government Act, 1946, and consequential adaptations.

7. Transfer to Minister for Health of certain powers of Minister for Local Government under section 51 of Local Government (Ireland) Act, 1898.

8. Transfer to Minister for Health of certain powers of Minister for Local Government in relation to surcharges, charges and allowances.

9. Adaptations of enactments mentioned in Part III of Schedule.

10. Transfer of property, rights and liabilities in connection with transferred functions.

11. Pending legal proceedings in relation to transferred functions.

12. Completion by transferee Minister of acts, in relation to transferred functions, commenced before the operative date.

13. Continuance of certain licences, etc.

SCHEDULE.

PART I.

Enactments, functions under which are transferred from the Minister for Local Government to the Minister for Health.

PART II.

Enactments, certain functions under which are transferred from the Minister for Local Government to the Minister for Health.

PART III.

Adaptation of certain enactments.

S.I. No. 256 of 1949.

HEALTH (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1949.

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 Short title and commencement.

1. (1) This Order may be cited as the Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1949.

(2) This Order shall come into operation on the 27th day of September, 1949.

2 Interpretation.

2. (1) In this Order—

the word " functions " includes powers and duties ;

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

the expression " the transferee Minister " means the Minister for Health ;

the expression " the transferor Minister " means the Minister for Local Government ;

the expression " the transferred functions " means the functions transferred by this Order from the transferor Minister to the transferee Minister.

(2) References in this Order to any enactment which has been amended by a subsequent enactment shall be construed as references to such first-mentioned enactment as so amended.

3 Transfer to Department of Health of administration and business connected with transferred functions and consequential adaptations.

3. (1) The administration and business in connection with the exercise, performance or execution of the transferred functions are hereby transferred to the Department of Health.

(2) In—

(a) any enactment mentioned in Part I of the Schedule hereto, and

(b) the provisions (mentioned in column (3) of Part II of the Schedule hereto at any reference number) of anyenactment mentioned in column (2) of the said Part II at the said reference number,

references to the Department of Local Government shall, on and after the operative date, be construed as references to the Department of Health.

4 Transfer to Minister for Health of certain functions of Minister for Local Governments under enactments mentioned in Schedule and consequential adaptations.

4. (1) (a) The functions of the transferor Minister under the enactments mentioned in Part I of the Schedule hereto are hereby transferred to the transferee Minister.

(b) In the enactments mentioned in Part I of the Schedule hereto, references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(2) (a) The functions of the transferor Minister under the provisions (mentioned in column (3) of Part II of the Schedule hereto at any reference number) of any enactment mentioned in column (2) of the said Part II at the said reference number are hereby transferred to the transferee Minister.

(b) In the provisions (mentioned in column (3) of Part II of the Schedule hereto at any reference number) of any enactment mentioned in column (2) of the said Part II at the said reference number, references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

5 Transfer to Minister for Health of functions of Minister for Local Government under certain enactments and consequential adaptations.

5. (1) The functions of the transferor Minister under any enactment to which this Article applies are hereby transferred to the transferee Minister.

(2) In any enactment to which this Article applies, references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister and references to the Department of Local Government shall, on and after the operative date, be construed as references to the Department of Health.

(3) This Article applies to—

(a) sections 203 and 214 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government Act, 1925 (No. 5 of 1925), in so far as they are applied by—

(i) subsection (2) of section 35 of the Dublin Fever Hospital Act, 1936 (No. 21 of 1936),

(ii) subsection (2) of section 8 and subsection (3) of section 29 of the Cork Fever Hospital Act, 1935 (No. 44 of 1935) ;

(b) section 215 of the Public Health (Ireland) Act, 1878, in so far as it is applied by—

(i) subsection (2) of section 35 of the Dublin Fever Hospital Act, 1936 ,

(ii) subsection (2) of section 8 and subsection (3) of section 29 of the Cork Fever Hospital Act, 1935 .

and relates to the sanctioning of costs of provisional orders;

(c) section 60 of the Local Government Act, 1925 (No. 5 of 1925), as amended by section 13 of the Local Government Act, 1927 (No. 3 of 1927), in so far as it is applied by—

(i) subsection (2) of section 38 of the Dublin Fever Hospital Act, 1936 ,

(ii) subsection (2) of section 27 of the Cork Fever Hospital Act, 1935 ;

(d) section 72 of the Local Government Act, 1925 (No. 5 of 1925), as amended by subsequent enactments, in so far as it is applied by subsection (2) of section 27 of the Cork Fever Hospital Act, 1935 ;

(e) Part IV and sections 83 and 86 of the Local Government Act, 1941 (No. 23 of 1941), in so far as they are applied by subsection (2) of section 38 of the Dublin Fever Hospital Act, 1936 , as adapted by the Dublin Fever Hospital Act, 1936 (Adaptation) Order, 1944 ( S. R. & O. No. 299 of 1944 ) ;

(f) section 83 of the Local Government Act, 1941 , in so far as it is applied by—

(i) subsection (2) of section 5 of the Dublin Fever Hospital Act, 1936 ,

(ii) subsection (2) of section 3 of the Cork Fever Hospital Act, 1935 ,

by virtue of section 92 of the Local Government Act, 1946 (No. 24 of 1946).

6 Transfer to Minister for Health of certain functions of Minister for Local Government under Local Government Act, 1941 , and Local Government Act, 1946 , and consequential adaptations.

6. (1) The functions of the transferor Minister under any enactment to which this Article applies, so far as those functions relate to, or are exercisable or performable for the purpose of, any function transferred to the transferee Minister by any other Article of this Order are hereby transferred to the transferee Minister.

(2) In the application of any enactment to which this Article applies in relation to the functions transferred by sub-article (1) of this Article, references therein to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) This Article applies to—

(a) sections 83 and 84 of the Local Government Act, 1941 (No. 23 of 1941), and

(b) sections 89 , 90 and 91 of the Local Government Act, 1946 (No. 24 of 1946).

(4) Nothing in this Article shall be construed as affecting the powers of the Minister for Local Government to hold, for the purposes of section 44 of the Local Government Act, 1941 (No. 23 of 1941), a local inquiry into the performance by a local authority of their duties.

7 Transfer to Minister for Health of certain powers of Minister for Local Government under section 51 of Local Government (Ireland) Act, 1898.

7. (1) The power of the transferor Minister, under Section 51 of the Act of 1898, to extend the time within which payment may be made of any debt, claim or demand which is directly or indirectly payable out of the county rate and arose in the administration by a local authority of any enactment (functions under which are transferred to the transferee Minister by any other Article of this Order), is hereby transferred to the transferee Minister.

(2) In the application of section 51 of the Act of 1898 and section 4 of the Local Government (Ireland) Act, 1902, in relation to the power transferred by sub-article (1) of this Article, the references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) In this Article, the expression " the Act of 1898 " means the Local Government (Ireland) Act, 1898.

8 Transfer to Minister for Health of certain powers of Minister for Local Government in relation to surcharges, charges and allowances.

8. (1) The powers of the transferor Minister under the following enactments, namely—

(a) section 12 of the Local Government (Ireland) Act, 1871,

(b) subsection (2) of section 63 of the Local Government (Ireland) Act, 1898, and

(c) subsection (8) of section 68 of the Local Government Act, 1946 (No. 24 of 1946), in so far as those powers relate to a surcharge, charge or allowance which is made by a local government auditor on the audit of the accounts of a local authority and which arises in connection with the administration of any enactment (functions under which are transferred to the transferee Minister by any other Article of this Order, are hereby transferred to the transferee Minister.

(2) In the application of—

(a) the enactments mentioned in sub-article (1) of this Article, and

(b) sections 70 and 71 of the Local Government Act, 1941 (No. 23 of 1941),

in relation to the powers transferred by sub-article (1) of this Article, the references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

9 Adaptations of enactments mentioned in Part III of Schedule.

9. The enactments mentioned in column (2) of Part III of the Schedule hereto at any reference number shall, on and after the operative date, have effect subject to the adaptations set out in column (3) of the said Part III at the said reference number.

10 Transfer of property, rights, and liabilities in connection with transferred functions.

10. (1) All property, rights and liabilities held, enjoyed, or incurred before the operative date by the transferor Minister, in connection with the transferred functions, shall be and are hereby transferred to the transferee Minister and accordingly, without any further conveyance, transfer or assignment—

(a) the said property, real and personal, shall, on the operative date, vest in the transferee Minister,

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

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

11 Pending legal proceedings in relation to transferred functions.

11. Where, immediately before the operative date, any legal proceedings are pending to which the transferor Minister is a party and the proceedings have reference to the transferred functions, the name of the transferee Minister shall be substituted in the proceedings for that of the transferor Minister, and the proceedings shall not abate by reason of such substitution.

12 Completion by transferee Minister of acts, in relation to transferred functions, commenced before the operative date.

12. Anything commenced before the operative date by or under the authority of the transferor Minister may, so far as it relates to the transferred functions, be carried on or completed on or after the operative date by the transferee Minister.

13 Continuance of certain licences, etc.

13. Every licence, certificate or other like document granted or made in the exercise of any of the transferred functions 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 transferee Minister.

SCHEDULE.

PART I.

Enactments, functions under which are transferred from the Minister for Local Government to the Minister for Health.

1. The Anatomy Act, 1832.

2. The State Lands (Workhouses) Act, 1930 (No. 9 of 1930).

PART II.

Enactments, certain functions under which are transferred from the Minister for Local Government to the Minister for Health.

Ref. No.	Enactment	Provisions (functions under which are transferred from the Minister for Local Government to the Minister for Health) of the enactments mentioned in column (2) hereof
(1)	(2)	(3)
1	The Local Government (Ireland) Act, 1898.	Section 15.
2	The Local Government (Ireland) Act, 1902.	Section 2.
3	County Management Act, 1940 (No. 12 of 1940).	Section 28, in so far as it relates to the approval of regulations made under subsection (1) thereof by a joint mental hospital board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945).
4	The Local Government Act, 1941 (No. 23 of 1941)	Subsection (2) of section 80, in so far as it relates to the making of orders in relation to a joint mental hospital board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945).

PART II.—contd.

Ref. No.	Enactment	Provisions (functions under which are transferred from the Minister for Local Government to the Minister for Health) of the enactments mentioned in column (2) hereof
(1)	(2)	(3)
5	The Local Government Act, 1946 (No. 24 of 1946).	Section 67, in so far as it relates to the sanctioning of resolutions under sub-section (2) and (3) thereof of a joint mental hospital board within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945).
		Section 83, in so far as it relates to the disposal of—
		(a) land vested in a mental hospital authority within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945), and
		(b) land vested in a public assistance authority within the meaning of the Public Assistance Act, 1939 (No. 27 of 1939), for the purpose of its powers and duties relating to the administration of public assistance (other than home assistance).

PART III

ADAPTATION OF CERTAIN ENACTMENTS.

Ref. No.	Enactment	Adaptation
(1)	(2)	(3)
1	Section 62 of the Local Government Act, 1925 (No. 5 of 1925).	The reference to the transferor Minister shall be construed as a reference to the transferee Minister in relation to charges and surcharges as respects which an appeal lines to the transferee Minister.
2	Section 80 of the Local Government Act, 1925 .	The reference to the transferor Minister shall be construed as a reference to the transferee Minister.

GIVEN under the Official Seal of the Government, this 20th day of September, 1949.

JOHN A. COSTELLO,

Taoiseach.