S.I. No. 183/1972 - Social Welfare (Transfer of Departmental Administration and Ministerial Functions) Order, 1972.

S.I. No. 183 of 1972.

SOCIAL WELFARE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1972.

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 Social Welfare (Transfer of Departmental Administration and Ministerial Functions) Order, 1972.

(2) This Order shall come into operation on the 1st day of August, 1972.

2. In this Order—

" functions " includes powers and duties ;

" health board " means a health board established under section 4 of the Health Act, 1970 (No. 1 of 1970) ;

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

3. 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.

4. (1) The functions vested in the Minister for Health by or under sections 14, 15, 16, 17 (5) (b), 18, 19, 22, 23 and 24 of the Health Act, 1970 , in relation to the offices under a health board to which this Article applies are hereby transferred to the Minister for Social Welfare.

(2) References to the Minister for Health contained in the provisions specified in paragraph (1) of this Article and relating to any function transferred by that paragraph shall, on and after the operative date, be construed as references to the Minister for Social Welfare.

(3) The functions vested in the Minister for Health by or under section 28 of the Health Act, 1970 , in relation to the following enactments, namely—

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

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

are, in so far as those functions relate to a surcharge, charge or allowance which is made by an auditor on the audit of the accounts of a health board and which arises in connection with the administration of public assistance, hereby transferred to the Minister for Social Welfare.

(4) References to the Minister for Health contained in the enactments mentioned in sub-paragraphs (a) and (b) of paragraph (3) of this Article and relating to any function transferred by that paragraph shall, on and after the operative date, be construed as references to the Minister for Social Welfare.

(5) This Article applies to the following offices under a health board—

(a) Superintendent Assistance Officer,

(b) Deputy Superintendent Assistance Officer,

(c) Home Assistance Inspector,

(d) Assistance Officer,

(e) Fuel Inspector.

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

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

GIVEN under the Official Seal of the Government this 25th day of July, 1972.

SEÁN Ó LOINSIGH,

Taoiseach

EXPLANATORY NOTE.

This Order transfers to the Department of Social Welfare and Minister for Social Welfare respectively, departmental administration and Ministerial functions relating to the following offices under a health board:—

Superintendent Assistance Officer, Deputy Superintendent Assistance Officer, Home Assistance Inspector, Assistance Officer and Fuel Inspector.