S.I. No. 647/2011 - Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th December, 2011.

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 Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

(2) This Order comes into operation on 14 December 2011.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Finance.

(2) References to the Department of Public Expenditure and Reform contained in any Act or instrument made under an act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.

3. The functions conferred on the Minister for Public Expenditure and Reform by or under sections 3 and 107 (1) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) are transferred to the Minister for Finance.

4. References to the Minister for Public Expenditure and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Finance.

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

6. Anything commenced but not completed before the commencement of this Order by or under the authority of the Minister for Public Expenditure and Reform may, in so far as it relates to functions transferred by this Order, be carried on and completed by the Minister for Finance.

7. Every document (including any certificate or licence) granted or made in 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 from such commencement as if it had been granted or made by the Minister for Finance.

8. A reference to the Minister for Public Expenditure and Reform contained in any memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as a reference 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 Public Expenditure and Reform in connection with the functions transferred by this Order are transferred to the Minister for Finance, and, accordingly, without any further conveyance, transfer or assignment, on such commencement—

(a) that property, real and personal, vests in the Minister for Finance,

(b) those rights shall be enjoyed by the Minister for Finance, and

(c) those liabilities are liabilities of the Minister Finance.

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

GIVEN under the Official Seal of the Government,

13 December 2011.

ENDA KENNY,

Taoiseach.