S.I. No. 828/2004 - Prisoners (Transfer of Ministerial Functions) Order 2004

1. (1) This Order may be cited as the Prisoners (Transfer of Ministerial Functions) Order 2004.

(2) This Order comes into operation on 14 December 2004.

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

3. (1) The functions vested in the Minister for Justice, Equality and Law Reform by or under the following enactments or the provisions of the following enactments are transferred to the Minister for Defence—

(

a

)

section 5

of the

Prisons Act 1970

(No. 11 of 1970),

(

b

) the Transfer of Sentenced Persons Acts 1995 and 1997,

(

c

) section 2 (inserted by

section 1

of the

Criminal Justice (Temporary Release of Prisoners) Act 2003

(No. 34 of 2003)) of the

Criminal Justice Act 1960

(No. 27 of 1960), and

(

d

) the Prisoners (Temporary Release) Rules 2004 (

S.I. No. 680 of 2004

),

in so far as they are exercisable and performable in respect of such persons as the Minister for Justice, Equality and Law Reform may, from time to time, determine.

(2) References to the Minister for Justice, Equality and Law Reform contained in any Act or instrument made thereunder 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 Defence.

GIVEN under the Official Seal of the Government, on 14 December, 2004.

BERTIE AHERN

Taoiseach.

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