S.I. No. 33/2023 - Tourism, Culture, Arts, Gaeltacht, Sport and Media (Delegation Of Ministerial Functions) Order 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th January, 2023.

The Government, on the request of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media (as adapted by the Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 403 of 2020 )), 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 Tourism, Culture, Arts, Gaeltacht, Sport and Media (Delegation of Ministerial Functions) Order 2023.

2. The powers (other than the power to prosecute an offence) and duties of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, conferred on her –

(a) by or under the Acts of the Oireachtas or statutes which were in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution specified in Part 1 of the Schedule,

(b) by or under the provisions of the Acts of the Oireachtas specified in Part 2 of the Schedule, and

(c) under the instruments specified in Part 3 of the Schedule, are delegated to Patrick O’Donovan, Minister of State at the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

SCHEDULE

Part 1

Housing (Gaeltacht) Acts 1929 to 2001

Ministers and Secretaries (Amendment) Act 1956 (No. 21 of 1956)

Údarás na Gaeltachta Act 1979 (No. 5 of 1979), other than section 6

Official Languages Acts 2003 and 2021

Gaeltacht Act 2012 (No. 34 of 2012)

Part 2

Part VI and Part VIII (in so far as it relates to Part VI) of the British-Irish Agreement Act 1999 (No. 1 of 1999)

Section 2 (in so far as it relates to the functions referred to in paragraph (e), paragraph (f) (in so far as that paragraph relates to paragraph (e)) and paragraph (g) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007)

Section 33 (3)(c) of the Planning and Development Act 2000 (No. 30 of 2000)

Part 3

Articles 28(1)(o), 179(2)(p) and 295(1)(q)(i) of the Planning and Development Regulations 2001

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GIVEN under the Official Seal of the Government,

24 January, 2023.

LEO VARADKAR,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Ministers and Secretaries (Amendment) (No. 2) Act, 1977 , provides, inter alia, for the delegation of powers and duties from Ministers to Ministers of State by way of a Government Order. Such Orders are normally made where a Minister of State is expected to carry out statutory functions on behalf of a Minister. It should be noted that every power or duty delegated continues to be vested in the Minister of the Government concurrently with the Minister of State and may be exercised or performed by either. This Order provides for the delegation of functions relating to the Irish Language and the Gaeltacht by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media to the Minister of State with responsibility for Gaeilge and the Gaeltacht.