S.I. No. 451/2020 - Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd October, 2020.

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), herby order as follows:

1. (1) This Order may be cited as the Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020.

(2) This Order comes into operation on 21 October 2020.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Further and Higher Education, Research, Innovation and Science.

(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.

3. (1) The functions vested in the Minister for Education and Skills -

(a) by or under the Acts specified in Part 1 of the Schedule, and

(b) under the Regulations specified in Part 2 of the Schedule,

are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Education and Skills is a party and the proceedings have reference to functions transferred by this Order to the Minister for Further and Higher Education, Research, Innovation and Science, the name of the Minister for Further and Higher Education, Research, Innovation and Science shall, in so far as the proceedings relate to any functions transferred by this Order, be substituted in the proceedings for that of the Minister for Education and Skills 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 Education and Skills, may in so far as it relates to a function transferred by this Order to the Minister for Further and Higher Education, Research, Innovation and Science, be carried on or completed on or after such commencement by the Minister for Further and Higher Education, Research, Innovation and Science.

6. Every document (including any certificate or licence) granted or made in the performance of a function transferred by this Order shall, if and insofar as it was operative immediately before the commencement of this Order, have effect from such commencement as if it had been granted or made by the Minister for Further and Higher Education, Research, Innovation and Science.

7. References to the Minister for Education and Skills contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Education and Skills in connection with the functions transferred by this Order are transferred to the Minister for Further and Higher Education, Research, Innovation and Science and, accordingly, without any further conveyance, transfer or assignment, on such commencement -

(a) that property, both real and personal, vests in the Minister for Further and Higher Education, Research, Innovation and Science,

(b) those rights shall be enjoyed by the Minister for Further and Higher Education, Research, Innovation and Science,

(c) those liabilities are liabilities of the Minister for Further and Higher Education, Research, Innovation and Science.

(2) All moneys, stocks, shares and securities transferred to the Minister for Further and Higher Education, Research, Innovation and Science by this Article which, on the commencement of this Order, are standing in the name of the Minister for Education and Skills shall, on the request of the Minister for Further and Higher Education, Research, Innovation and Science be transferred into the name of the Minister for Further and Higher Education, Research, Innovation and Science.

SCHEDULE

Article 3

Part 1

Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (No. 32 of 2019)

Technological Universities Act 2018 (No. 3 of 2018)

Further Education and Training Act 2013 (No. 25 of 2013)

Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012)

Student Support Act 2011 (No. 4 of 2011)

Grangegorman Development Agency Act 2005 (No. 21 of 2005)

National Training Fund Act 2000 (No. 41 of 2000)

George Mitchell Scholarship Fund Acts 1998 and 2010

Universities Acts 1997 to 2015

Institutes of Technology Acts 1992 to 2006

University of Limerick (Dissolution of Thomond College) Act 1991 (No. 16 of 1991)

Higher Education Authority Acts 1971 and 2006

National College of Art and Design Act 1971 (No. 28 of 1971)

Local Authorities (Higher Education Grants) Act 1968 (No. 24 of 1968)

Institute for Advanced Studies (Amendment) Act 1967 (No. 2 of 1967)

Industrial Training Act 1967 (No. 5 of 1967)

Institute for Advanced Studies Act 1940 (No. 13 of 1940)

University College Dublin Act 1934 (No. 27 of 1934)

University Education (Agriculture and Dairy Science) Act 1930 (No. 3 of 1930)

University College Galway Acts 1929 and 2006

University Education (Agriculture and Dairy Science) Act 1926 (No. 32 of 1926)

Private Acts

The Royal College of Surgeons in Ireland (Charters Amendment) Act 2003 (No. 1 (Private) of 2003)

The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 (No. 1 (Private) of 2000)

The Royal College of Surgeons in Ireland (Charter Amendment) Act 1965 (No. 1 (Private) of 1965)

Part 2

European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 )

GIVEN under the Official Seal of the Government,

20 October, 2020.

MICHEÁL MARTIN,

Taoiseach.