S.I. No. 831/2007 - Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th December, 2007.

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 Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007.

(2) This Order comes into operation on 1 January 2008.

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 Social and Family Affairs.

(2) References to the Department of Health and Children contained in any Act or instrument made under it or scheme and relating to any administration and business transferred by paragraph (1) are, on and after the commencement of this Order, to be read as references to the Department of Social and Family Affairs.

3. (1) The functions vested in the Minister for Health and Children by or under—

(a) the Civil Registration Act 2004 (No. 3 of 2004) (other than section 66),

(b) section 8 of the Registration of Marriages (Ireland) Act 1863 (26 & 27 Vic. c. 90),

(c) section 32 (4) of the Family Law Act 1995 (No. 26 of 1995), and

(d) the Vital Statistics and Births, Deaths and Marriages Registration Act 1952 (No. 8 of 1952),

are transferred to the Minister for Social and Family Affairs.

(2) References to the Minister for Health and Children contained in any Act or instrument made under it or scheme and relating to any functions transferred by this Article, on and after the commencement of this Order, are to be read as references to the Minister for Social and Family Affairs.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Health and Children is a party and the proceedings have reference to functions transferred by this Order to the Minister for Social and Family Affairs, the name of the Minister for Social and Family Affairs 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 Health and Children 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 Health and Children may, in so far as it relates to functions transferred by this Order to the Minister for Social and Family Affairs, be carried on or completed on or after the commencement by the Minister for Social and Family Affairs.

6. Every document (including any certificate or licence) granted or made in the exercise 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 Social and Family Affairs.

7. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Health and Children, in connection with the functions transferred by this Order shall be and are transferred to the Minister for Social and Family Affairs and, accordingly, without any further conveyance, transfer or assignment—

(a) that property, real and personal, on the commencement, vests in the Minister for Social and Family Affairs,

(b) those rights shall, on and from the commencement, be enjoyed by the Minister for Social and Family Affairs, and

(c) those liabilities, on and from the commencement, are the liabilities of the Minister for Social and Family Affairs.

(2) All moneys, stocks, shares and securities transferred to the Minister for Social and Family Affairs by this Article which, on the commencement of this Order, are standing in the name of the Minister for Health and Children shall on the request of the Minister for Social and Family Affairs be transferred into the name of the Minister for Social and Family Affairs.

GIVEN under the Official Seal of the Government,

4 December 2007

BERTIE AHERN.

Taoiseach.