Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 3rd January, 2012.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by section 38 (13) of the Social Welfare and Pensions Act 2010 (No. 37 of 2010), hereby order as follows:

1. This Order may be cited as the Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) (No. 2) Order 2011.

2. The 5th day of December 2011 is appointed as the appointment day for the purposes of section 38 of the section 38 (1) of that Act, in the designation in writing of 5th day of December 2011.

GIVEN under my Official Seal,

5 December 2011.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

Part 4 of the Social Welfare and Pensions Act 2010 enables the transfer of the Community Welfare Service of the Health Service Executive (HSE) to the Department of Social Protection, including the transfer of relevant staff, premises, property etc. In this regard, section 38 of that Act provides for the transfer of such employees as have been designated in writing by the Minister for Social Protection, with the consent of the Minister for Health and the HSE.

The Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) Order 2011 provided for the transfer to the Department of Social Protection of certain HSE employees designated on 29th September 2011 with effect from 1st October 2011. The Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) (No. 2) Order 2011 provides for the transfer of further HSE employees to the Department of Social Protection with effect from 5th December 2011.