S.I. No. 595/2008 - Youth Work (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2008

1. (1) This Order may be cited as the Youth Work (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2008.

(2) This Order comes into operation on 31 December 2008.

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 are transferred to the Department of Education and Science.

(2) References to the Department of Health and Children contained in any Act or instrument made thereunder and relating to any administration and business transferred by this Article shall, from the commencement of this Order, be construed as references to the Department of Education and Science.

4. (1) The functions vested in the Minister for Health and Children by or under section 18(4)(

d

) of the

Youth Work Act 2001

(No. 42 of 2001) are transferred to the Minister for Education and Science.

(2) References to the Minister for Health and Children contained in any Act or instrument made thereunder and relating to the function transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Education and Science.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Health and Children is a party and the proceedings have reference to the function transferred by this Order to the Minister for Education and Science, the name of the Minister for Education and Science shall, in so far as the proceedings relate to that function, be substituted in the proceedings for that of the Minister for Health and Children 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 Health and Children may, in so far as it relates to the function transferred by this Order to the Minister for Education and Science, be carried on or completed on or after such commencement by the Minister for Education and Science.

7. Every document (including any certificate or licence) granted or made in the exercise of the 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 Education and Science.

8. References to the Minister for Health and Children contained in the memorandum and articles of association of any company and relating to the function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Education and Science.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Health and Children, in connection with the function transferred by this Order are transferred to the Minister for Education and Science and, accordingly, without any further conveyance, transfer or assignment—

(

a

) that property, real and personal, shall, from such commencement, vest in the Minister for Education and Science,

(

b

) those rights shall, from such commencement, be enjoyed by the Minister for Education and Science, and

(

c

) those liabilities shall, from such commencement, be liabilities of the Minister for Education and Science.

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

GIVEN under the Official Seal of the Government

2 December 2008

BRIAN COWEN.

Taoiseach.

S.I. No. 595 of 2008

YOUTH WORK (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (No. 2) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th January

, 2009.

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