S.I. No. 327 of 2002

Community Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2002

The Government, in exercise of the powers conferred on them by section 6(1) of No. 36 of 1939 ), hereby order as follows:

1.         (1)        This Order may be cited as the Community Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2002.

(2)        This Order comes into operation on 25 June 2002.

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 transferred to the Department of Community, Rural and Gaeltacht Affairs.

(2)        References to the Department of Social and Family Affairs contained in any Act or instrument made thereunder or scheme 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 Community, Rural and Gaeltacht Affairs.

4.         (1)        The functions vested in the Minister for Social and Family Affairs-

(a)        by or under -

(i)         the Educational Endowments (Ireland) Act 1885 (48 & 49 Vict. c. 78),

(ii)        the Charities Acts 1961 and 1973,

(iii)        No. 13 of 1962 ), and

(iv)        the Dormant Accounts Act 2001 ( No. 32 of 2001 ), and

(b)        in relation to -

(i)        overseeing the implementation of recommendations arising from the Government White Paper on a Framework for Supporting Voluntary Activity and for Developing the Relationship between the State and the Community and Voluntary Sector,

(ii)        the National Committee on Volunteering,

(iii)       the provision of grants to community and voluntary groups other than grants -

(I)        in respect of the Money Advice and Budgeting Service, and

(II)       for the provision of -

(A)       information on Social Welfare Schemes and Services, and

(B)       further education,

(iv)       co-ordinating inter-departmental activity on Corporate Social Responsibility, and

(v)        a scheme administered by the Minister and known as the Student Summer Job Scheme,

are transferred to the Minister for Community, Rural and Gaeltacht Affairs.

(2)        References to the Minister for Social and Family Affairs contained in any Act or instrument made thereunder or scheme 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 Community, Rural and Gaeltacht Affairs.

5.         Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Social and Family Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for Community, Rural and Gaeltacht Affairs, the name of the Minister for Community, Rural and Gaeltacht Affairs 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 Social and Family Affairs 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 Social and Family Affairs may, in so far as it relates to functions transferred by this Order to the Minister for Community, Rural and Gaeltacht Affairs, be carried on or completed on or after such commencement by the Minister for Community, Rural and Gaeltacht Affairs.

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 Community, Rural and Gaeltacht Affairs.

8.         References to the Minister for Social and Family Affairs 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 Community, Rural and Gaeltacht Affairs.

9.         (1)        All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Social and Family Affairs, in connection with the functions transferred by this Order shall be and are transferred to the Minister for Community, Rural and Gaeltacht Affairs 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 Community, Rural and Gaeltacht Affairs,

(b)        the said rights shall, as on and from such commencement, be enjoyed by the Minister for Community, Rural and Gaeltacht Affairs,

(c)        the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Community, Rural and Gaeltacht Affairs.

(2)        All moneys, stocks, shares and securities transferred to the Minister for Community, Rural and Gaeltacht Affairs by this Article which, on such commencement, are standing in the name of the Minister for Social and Family Affairs shall on the request of the Minister for Community, Rural and Gaeltacht Affairs be transferred into the name of the Minister for Community, Rural and Gaeltacht Affairs.

EXPLANATORY NOTE

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

This Order transfers to the Minister for Community, Rural and Gaeltacht Affairs and to the Department of Community, Rural and Gaeltacht Affairs, respectively, with effect from the date of this Order, the Departmental Administration and Ministerial functions in relation to Community Affairs.

Published by the Stationery Office, Dublin 2