S.I. No. 392/2025 - Property Services (Transfer of Departmental Administration and Ministerial Functions) Order 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th July, 2025.

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 Property Services (Transfer of Departmental Administration and Ministerial Functions) Order 2025.

(2) This Order comes into operation on 1 August 2025.

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 Housing, Local Government and Heritage.

(2) References to the Department of Justice, Home Affairs and Migration contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Housing, Local Government and Heritage.

3. (1) The functions vested in the Minister for Justice, Home Affairs and Migration by or under the Property Services (Regulation) Act 2011 (No. 40 of 2011) are transferred to the Minister for Housing, Local Government and Heritage.

(2) References to the Minister for Justice, Home Affairs and Migration contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Justice, Home Affairs and Migration is a party and the proceedings have reference to functions transferred by this Order to the Minister for Housing, Local Government and Heritage, the name of the Minister for Housing, Local Government and Heritage 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 Justice, Home Affairs and Migration 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 Justice, Home Affairs and Migration may, in so far as it relates to functions transferred by this Order to the Minister for Housing, Local Government and Heritage, be carried on or completed on or after such commencement by the Minister for Housing, Local Government and Heritage.

6. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and in so far as it was operative immediately before the commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for Housing, Local Government and Heritage.

7. References to the Minister for Justice, Home Affairs and Migration contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Justice, Home Affairs and Migration in connection with the functions transferred by this Order are transferred on the commencement to the Minister for Housing, Local Government and Heritage and, accordingly, without any further conveyance, transfer or assignment –

(a) that property, both real and personal, vests in the Minister for Housing, Local Government and Heritage,

(b) those rights are rights of the Minister for Housing, Local Government and Heritage, and

(c) those liabilities are liabilities of the Minister for Housing, Local Government and Heritage.

(2) All moneys, stocks, shares and securities transferred to the Minister for Housing, Local Government and Heritage by this Article which, on the commencement of this Order, are standing in the name of the Minister for Justice, Home Affairs and Migration shall, on the request of the Minister for Housing, Local Government and Heritage, be transferred into the name of the Minister for Housing, Local Government and Heritage.

GIVEN under the Official Seal of the Government,

22 July, 2025.

MICHEÁL MARTIN,

Taoiseach.