S.I. No. 117/1978 - Public Service (Delegation of Ministerial Functions) Order, 1978.

S.I. No. 117 of 1978.

PUBLIC SERVICE (DELEGATION OF MINISTERIAL FUNCTIONS) ORDER, 1978.

The Government, on the request of the Minister for the Public Service and in exercise of the powers conferred on them by section 2 (1) of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 (No. 28 of 1977), hereby order as follows:

1. This Order may be cited as the Public Service (Delegation of Ministerial Functions) Order, 1978.

2. (1) All the powers and duties of the Minister for the Public Service under the Acts specified in the Schedule to this Order are hereby delegated to Ray MacSharry, Minister of State at the Department of the Public Service (referred to subsequently in this Order as "the Minister of State").

(2) the powers and duties of the Minister for the Public Service under—

( a ) section 2 (2) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), in so far as it relates to the sanctioning of appointments,

( b ) section 4 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926),

( c ) section 64 of the Air-Raid Precautions Act, 1939 (No. 21 of 1939), as amended by section 5 of the Air-Raid Precautions (Amendment) Act, 1946 (No. 28 of 1946), and

( d ) the Civil Service Commissioners Act, 1956 (No. 45 of 1956), except section 33(1) (a),

are hereby delegated to the Minister of State.

(3) The powers and duties of the Minister for the Public Service under the Defence Act, 1954 (No. 18 of 1954), in relation to—

( a ) the pay and allowances in the nature of pay (other than emoluments in kind) and travelling and subsistence allowances of the Defence Forces, and

( b ) the terms and conditions of service of civilians employed by the Minister for Defence,

are hereby delegated to the Minister of State.

(4) The statutory powers and duties vested in the Minister for the Public Service in relation to the terms and conditions of service of members of the Garda Síochána, including those specified in sections 12 and 13 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), are hereby delegated to the Minister of State.

(5) (a) Subject to subparagraph (b) of this paragraph, the statutory powers and duties vested in the Minister for the Public Service (other than those referred to in the preceding paragraphs of this Article) in relation to the terms and conditions of service (within the meaning of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 )), in any employment or office are hereby delegated to the Minister of State.

(b) Subparagraph (a) of this paragraph does not apply in relation to the powers and duties vested in the Minister for the Public Service under—

(i) Presidential Establishment Acts, 1938 to 1973.

(ii) Ministerial and Parliamentary Offices Acts, 1938 to 1977.

(iii) Oireachtas (Allowances to Members) Acts, 1938 to 1977.

SCHEDULE.

Superannuation Acts, 1834 to 1963

Army Pensions Acts, 1923 to 1973

Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929)

Defence Forces (Pensions) Acts, 1932 to 1975

Workmen's Compensation Acts, 1934 to 1955

Garda Síochána (Compensation) Acts, 1941 and 1945

Continuation of Compensation Schemes Acts, 1946 and 1949

Industrial Relations Acts, 1946 to 1976

Civil Service Regulation Act, 1956 (No. 46 of 1956)

Shannon Free Airport Development Company Limited Acts, 1959 to 1978

Staff of the Houses of the Oireachtas Act, 1959 (No. 38 of 1959)

Courts of Justice and Court Officers (Superannuation) Act, 1961 (No. 16 of 1961

Courts (Supplemental Provisions) Acts, 1961 to 1977

Pensions (Increase) Act, 1964 (No. 10 of 1964)

Pensions (Abatement) Act, 1965 (No. 13 of 1965)

Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973)

Anti-Discrimination (Pay) Act, 1974 (No. 15 of 1974)

Prosecution of Offences Act, 1974 (No. 22 of 1974)

Adoption Act, 1974 (No. 24 of 1974)

Law Reform Commission Act, 1975 (No. 3 of 1975)

Racing Board and Racecourses (Amendment) Act, 1975 (No. 11 of 1975)

Tourist Traffic Act, 1975 (No. 26 of 1975)

Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976)

British & Irish Steam Packet Company Limited (Acquisition) (Amendment) Act, 1976 (No. 12 of 1976)

Local Government (Planning and Development) Act, 1976 (No. 20 of 1976)

Superannuation and Pensions Act, 1976 (No. 22 of 1976)

National Stud Act, 1976 (No. 26 of 1976)

Gas Act, 1976 (No. 30 of 1976)

Air Companies (Amendment) Act, 1976 (No. 36 of 1976)

Broadcasting Authority (Amendment) Act, 1976 (No. 37 of 1976)

Wildlife Act, 1976 (No. 39 of 1976)

Local Government (Water Pollution) Act, 1977 (No. 1 of 1977)

National Agricultural Advisory, Education and Research Authority Act, 1977 (No. 13 of 1977)

Employment Equality Act, 1977 (No. 16 of 1977)

Friendly Societies (Amendment) Act, 1977 (No. 17 of 1977)

National Board for Science and Technology Act, 1977 (No. 25 of 1977)

European Assembly Elections Act, 1977 (No. 30 of 1977)

Nitrigin Éireann Teoranta Act, 1977 (No. 35 of 1977)

Agricultural Credit Act, 1978 (No. 2 of 1978)

Medical Practitioners Act, 1978 (No. 4 of 1978)

GIVEN under the Official Seal of the Government, this 18th day of April, 1978.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the delegation of certain powers and duties of the Minister for the Public Service to the Minister of State at the Department of the Public Service. These powers and duties are now vested concurrently in the Minister for the Public Service and the Minister of State at the Department of the Public Service and may be exercised or performed by either such Minister.