S.I. No. 376/2001 - Charities and Street and House-To-House Collections (Transfer of Departmental Administration and Ministerial Functions) Order, 2001

1. (1) This order may be cited as the Charities and Street and House-to-House Collections (Transfer of Departmental Administration and Ministerial Functions) Order, 2001.

(2) This Order shall come into operation on 27th July, 2001.

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 Social, Community and Family Affairs.

(2) Any reference to the Department of Justice, Equality and Law Reform in any Act or instrument made under it which relates to any administration and business transferred by paragraph (1) of this Article shall, on the commencement of this Order, be construed as a reference to the Department of Social, Community and Family Affairs.

4. (1) The functions vested in the Minister for Justice, Equality and Law Reform by virtue of -

(a) the Educational Endowments (Ireland) Act, 1885,

(b) the Charities Acts, 1961 and 1973, as amended by

section 52

of the

Courts and Court Officers Act, 1995

, and

(c) the

Street and House to House Collections Act, 1962

,

and of any statutory instrument made under those Acts are transferred to the Minister for Social, Community and Family Affairs.

(2) References to the Minister for Justice, Equality and Law Reform or to any predecessor of the Minister in any Act or instrument made under it which relate to any functions transferred by this Article shall, on the commencement of this Order, be construed as references to the Minister for Social, Community and Family Affairs.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Justice, Equality and Law Reform is a party and which have reference to functions transferred by this Order, the name of the Minister for Social, Community and Family Affairs shall, in so far as the proceedings relate to functions transferred by this Order, be substituted in the proceedings for that of the Minister for Justice, Equality and Law Reform or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of the substitution.

6. Anything begun before the commencement of this Order by or under the authority of the Minister for Justice, Equality and Law Reform may, so far as it relates to functions transferred by this Order, be carried on or completed on or after the commencement by the Minister for Social, Community and Family Affairs.

7. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order or in relation to any such function shall, if and in so far as it was operative immediately before the commencement of this Order, have effect on and after the commencement as if it had been granted or made by the Minister for Social, Community and Family Affairs.

GIVEN under the Official Seal of the Government,

This 27th day of July, 2001

Bertie Ahern

Taoiseach

EXPLANATORY NOTE

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

This Order transfers the Ministerial functions and Departmental administration in relation to regulation of Charities and Street and House-to-House Collections from the Minister for Justice, Equality and Law Reform to the Minister for Social, Community and Family Affairs with effect from the date specified.

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), order as follows