S.I. No. 81/1987 - Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987.

S.I. No. 81 of 1987.

PUBLIC SERVICE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1987.

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. This Order may be cited as the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987.

2. In this Order "functions" includes powers and duties.

3. (1) 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 Finance.

(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.

4. (1) The functions vested in the Minister for the Public Service—

(a) by or under the Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and

(b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ),

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder 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 Finance.

5. Where, immediately before the commencement of this Article, any legal proceedings are pending to which the Minister for the Public Service is a party and the proceedings have reference to functions transferred by this Order to the Minister for Finance, the name of the Minister for Finance shall be substituted in the proceedings for that of the Minister for the Public Service and the proceedings shall not abate by reason of such substitution.

6. Anything commenced before the commencement of this Order by or under the authority of the Minister for the Public Service may, so far as it relates to functions transferred by this Order to the Minister for Finance, be carried on or completed on or after such commencement by the Minister for Finance.

7. 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 Finance.

8. Reference to the Minister for the Public Service contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for the Public Service in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Finance and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on such commencement, vest in the Minister for Finance,

(ii) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Finance.

(iii) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Finance.

(2) All moneys, stocks, shares and securities transferred to the Minister for Finance by this Article which, on such commencement, are standing in the name of the Minister for the Public Service shall, upon the request of the Minister for Finance, be transferred into his name.

SCHEDULE

Acts, functions under which are transferred to the Minister for Finance

Prosecution of Offences Act, 1974 (No. 22 of 1974);

Adoption Act, 1974 (No. 24 of 1974);

Law Reform Commission Act, 1975 (No. 3 of 1975);

Racing Board and Racecourses (Amendment) Act, 1975 (No. 11 of 1975);

Agricultural Credit Act, 1975 (No. 17 of 1975);

Tourist Traffic Act, 1975 (No. 26 of 1975);

British and Irish Steam Packet Company Limited (Acquisition) (Amendment) Act, 1976 (No. 12 of 1976);

Local Government (Planning and Development) Act, 1976 (No. 20 of 1976);

Superannuation and Pensions Act, 1976 (No. 22 of 1976);

National Stud Act, 1976 (No. 26 of 1976);

Gas Act, 1976 (No. 30 of 1976);

Air Companies (Amendment) Act, 1976 (No. 36 of 1976);

Wildlife Act, 1976 (No. 39 of 1976);

Local Government (Water Pollution) Act, 1977 (No. 1 of 1977);

National Agricultural Advisory, Education and Research Authority Act, 1977 (No. 13 of 1977);

Employment Equality Act, 1977 (No. 16 of 1977);

Friendly Societies (Amendment) Act, 1977 (No. 17 of 1977);

National Board for Science and Technology Act, 1977 (No. 25 of 1977);

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act, 1977 (No. 29 of 1977);

European Assembly Elections Act, 1977 (No. 30 of 1977);

Nitrigin Eireann Teoranta Act, 1977 (No. 35 of 1977);

Agricultural Credit Act. 1978 (No. 2 of 1978);

Shannon Free Airport Development Company Limited (Amendment) Act, 1978 (No. 3 of 1978);

Medical Practitioners Act, 1978 (No. 4 of 1978);

Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1978 (No. 13 of 1978);

An tAcht um Bord na Gaeilge, 1978 (Uimh. 14 de 1978);

An tAcht um Udaras na Gaeltachta, 1979 (Uimh. 5 de 1979);

Agricultural (An Chomhairle Oiliúna Talmhaiochta) Act, 1979 (No. 9 of 1979);

Irish Steel Holdings Limited (Amendment) Act, 1979 (No. 13 of 1979);

Transport (Miscellaneous Provisions) Act, 1979 (No. 18 of 1979);

European Assembly (Irish Representatives) Act, 1979 (No. 19 of 1979);

Coras Beostoic agus Feola Act, 1979 (No. 25 of 1979);

National Council for Educational Awards Act, 1979 (No. 30 of 1979).

Fisheries Act, 1980 (No. 1 of 1980);

Local Government (Superannuation) Act, 1980 (No. 8 of 1980);

Safety in Industry Act, 1980 (No. 9 of 1980);

Army Pensions Act, 1980 (No. 21 of 1980);

National Institute for Higher Education, Limerick, Act, 1980 (No. 25 of 1980);

Ombudsman Acts, 1980 to 1984;

National Institute for Higher Education, Dublin Act, 1980 (No. 30 of 1980);

Thomond College of Education Act, 1980 (No. 34 of 1980);

Irish Film Board Act, 1980 (No. 36 of 1980);

National Film Studios of Ireland Limited Act, 1980 (No. 37 of 1980);

Industrial Alcohol (Amendment) Act, 1980 (No. 42 of 1980);

Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981);

Health (Mental Services) Act, 1981 (No. 17 of 1981);

Turf Development Act, 1981 (No. 20 of 1981);

Irish Telecommunications Investments Limited Act, 1981 (No. 27 of 1981);

Youth Employment Agency Act, 1981 (No. 32 of 1981);

Housing Finance Agency Act, 1981 (No. 37 of 1981);

Irish Steel Holdings Limited (Amendment) Act, 1982 (No. 13 of 1982);

National Community Development Agency Act, 1982 (No. 20 of 1982);

Kilkenny Design Workshops Act, 1982 (No. 26 of 1982);

Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983);

Postal and Telecommunications Services Act, 1983 (No. 24 of 1983);

Local Government (Planning and Development) Act, 1983 (No. 28 of 1983);

Tourist Traffic Act, 1983 (No. 31 of 1983);

Oireachtas (Allowances to Members) and Ministerial Parliamentary and Judicial Offices (Amendment) Act, 1983 (No. 32 of 1983);

Export Promotion (Amendment) (No. 2) Act, 1983 (No. 39 of 1983);

Foir Teoranta (Amendment) Act, 1983 (No. 42 of 1983);

National Social Services Board Act, 1984 (No. 2 of 1984);

Social Welfare Act, 1984 (No. 5 of 1984);

Irish Shipping Limited (Amendment) Act, 1984 (No. 8 of 1984);

Exported Live Stock (Insurance) Act, 1984 (No. 12 of 1984);

Social Welfare Act, 1985 (No. 5 of 1985);

Dentists Act, 1985 (No. 9 of 1985);

Farm Tax Act, 1985 (No. 17 of 1985);

Nurses Act, 1985 (No. 18 of 1985);

National Development Corporation Act, 1986 (No. 5 of 1986);

Industrial Development Act, 1986 (No. 9 of 1986);

National Archives Act, 1986 (No. 11 of 1986);

Combat Poverty Agency Act, 1986 (No. 14 of 1986);

Dublin Transport Authority Act, 1986 (No. 15 of 1986);

Urban Renewal Act, 1986 (No. 19 of 1986);

British and Irish Steam Packet Company Limited (Acquisition) (Amendment) Act, 1986 (No. 22 of 1986);

National Lottery Act, 1986 (No. 28 of 1986);

Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986);

Dublin Metropolitan Streets Commission Act, 1986 (No. 30 of 1986);

Transport (Re-organisation of Coras Iompair Éireann) Act, 1986 (No. 31 of 1986);

GIVEN under the Official Seal of the Government, this 19th day of March, 1987.

CHARLES J. HAUGHEY,

Taoiseach.