S.I. No. 14/2001 - Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order, 2001

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 Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order, 2001

2.     In this Order “functions” includes powers and duties.

3.      (1)      Subject to paragraph (2) of this Article, there is hereby transferred to the Minister for Education and Science the functions vested in the Minister for the Environment and Local Government by or under the Local Government (Superannuation) Act, 1980 (No. 8 of 1980) (as adapted by the Environment Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 322 of 1997 ) and the Vocational Education Superannuation Schemes (Transfer of Departmental Administration and Ministerial Functions) Order, 1998 ( S.I. No. 362 of 1998 )).

(2)      Paragraph (1) of this Article shall apply in so far as the exercise of those functions relates to any person who is or was employed by -

(a) a Vocational Education Committee,

(b) any of the institutions specified in column (1) of the First Schedule to the Regional Technical Colleges Act, 1992 (No. 16 of 1992),

(c) the Dublin Institute of Technology, or

(d) any of the colleges specified in the First Schedule to the Dublin Institute of Technology Act, 1992 (No. 15 of 1992), and

whose last employment was remunerated out of funds provided by the Oireachtas.

(3)      References to the Minister for the Environment and Local Government contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on or after the commencement of this Order, be construed as references to the Minister for Education and Science.

(4)      For the purposes of paragraphs (1), (2) and (3), schemes or regulations made or deemed to have been made before the commencement of this Order under the Local Government (Superannuation) Act, 1980 , shall, in so far as they relate to persons affected by this Article, be collectively known as the Education Sector Superannuation Scheme.

(5)      In the event of any question or dispute as to whether a person is affected by this Order, the matter shall be referred to the Minister for the Environment and Local Government for determination and the decision of that Minister thereon shall be final.

4.      (1)      The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 of this Order are hereby transferred to the Department of Education and Science.

(2)      References to the Department of the Environment and Local Government contained in any Act or any 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 Education and Science.

5.      Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for the Environment and Local Government is a party and the proceedings have reference to functions transferred by this Order to the Minister for Education and Science, the name of the Minister for Education and Science 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 the Environment and Local Government, or added in the proceedings, as may be appropriate, 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 Environment and Local Government may, in so far as it relates to functions transferred by this Order to the Minister for Education and Science, be carried on or completed after such commencement by the Minister for Education and Science.

7.      Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and 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 Education and Science.

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

(a)      the said property, real and personal, shall on such commencement, vest in the Minister for Education and Science,

(b)      the said rights shall, as on and from such commencement, be enjoyed by the Minister for Education and Science, and

(c)      the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Education and Science.

(2)      All money, stocks, shares and securities transferred to the Minister for Education and Science by this Article which, on such commencement, are standing in the name of the Minister for the Environment and Local Government shall, on the request of the Minister for Education and Science, be transferred into the name of the Minister for Education and Science.

EXPLANATORY NOTE

(This note is not part of the Instrument and is not a legal interpretation).

This Order transfers to the Minister for Education and Science, with effect from the date on which the Order is made by the Government, specified Ministerial functions and Departmental administration in relation to superannuation schemes for Institute of Technology and VEC staff other than vocational teachers.