S.I. No. 747/2020 - Housing, Local Government and Heritage (Delegation of Ministerial Functions) (No. 2) Order 2020

1. This Order may be cited as the Housing, Local Government and Heritage (Delegation of Ministerial Functions) (No. 2) Order 2020.

2. The powers (other than the power to prosecute an offence) and duties of the Minister for Housing, Local Government and Heritage, conferred on him –

(

a

) by or under the Acts of the Oireachtas or statutes which were in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution specified in Part 1 of the Schedule,

(

b

) by or under the provisions of the Acts of the Oireachtas specified in Part 2 of the Schedule, and

(

c

) under the instruments specified in Part 3 of the Schedule,

are delegated to Malcolm Noonan, Minister of State at the Department of Housing, Local Government and Heritage.

SCHEDULE

Part 1

Seanad Electoral (University Members) Act 1937 (No. 30 of 1937), other than sections 12, 13 and 19

Seanad Electoral (Panel Members) Act 1947 (No. 42 of 1947), other than sections 24(1), Part V Chapter 1 and section 68A

Electoral Act 1992 (No. 23 of 1992), other than sections 8, 30, 56(2), 57, Part XII, sections 96, 108, 109, 127(2), Part XXI, section 164 and the Third Schedule

Presidential Elections Act 1993 (No. 28 of 1993), other than sections 6, 8, 9, 10(2), 12, 28, 29, 31, 56 and Part V

Referendum Act 1994 (No. 12 of 1994), other than sections 10 to 12, 14, 15(2), 18, 24 and Part IV

European Parliament Elections Act 1997 (No. 2 of 1997), other than sections 10, 15, 15A, 16, 17(4) and 21 and rules 1, 21, 22, 27, 69, 70, 92(3) and 130 to 146 of the Second Schedule

Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7 of 1999), other than sections 12B and 19C

Irish Church Act 1869 (32 & 33 Vict. c. 42)

Saint Stephen’s Green (Dublin) Act 1877 (40 & 41 Vict. c. cxxxiv)

Phoenix Park Act 1925 (No. 31 of 1925)

National Monuments Act 1930 (No. 2 of 1930)

Bourn Vincent Memorial Park Act 1932 (No. 31 of 1932)

Whale Fisheries Act 1937 (No. 4 of 1937)

National Monuments (Amendment) Act 1954 (No. 37 of 1954)

Holycross Abbey (County Tipperary) Act 1969 (No. 7 of 1969)

Wildlife Act 1976 (No. 39 of 1976) (other than Sections 26 (3), 32, 34 (3)(b))

Canals Act 1986 (No. 3 of 1986)

National Monuments (Amendment) Act 1987 (No. 17 of 1987)

Shannon Navigation Act 1990 (No. 20 of 1990)

National Monuments (Amendment) Act 1994 (No. 17 of 1994)

Heritage Act 1995 (No. 4 of 1995) other than Section 5

Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999 (No. 19 of 1999)

Wildlife (Amendment) Act 2000 (No. 38 of 2000)

Heritage Fund Act 2001 (No. 44 of 2001)

National Monuments (Amendment) Act 2004 (No. 22 of 2004)

Part 2

Part VII of the

Electoral Act 1997

(No. 25 of 1997)

Section 14

of the

Irish Land Act 1903

(3 Edw. 7 c. 37)

Section 2(2) of the

Ministers and Secretaries (Amendment) Act 1928

(No. 6 of 1928) in so far as it relates to the Royal Botanic Gardens

Section 15A(b) of the

Roads Act 1993

(No. 14 of 1993)

Section 482

of the

Taxes Consolidation Act 1997

(No. 39 of 1997)

Sections 2, 3 and 5 (in so far as it relates to the functions referred to in that section transferred by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (

S.I. No. 339 of 2020

) and the Inland Waterways and Waterways Ireland (Transfer of Departmental and Ministerial Functions) Order 2020 (

S.I. No. 340 of 2020

)) of the

Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act 1998

(No. 7 of 1998)

Part 3

Local Elections Regulations 1995 (

S.I. No. 297 of 1995

) other than regulations 24, 25 and 90

European Union (Citizens’ Initiative) Regulations 2012 and 2014

European Union (Citizens’ Initiative) Regulations 2019 (

S.I. No. 648 of 2019

)

GIVEN under the Official Seal of the Government,

22 December, 2020.

MICHEÁL MARTIN,

Taoiseach.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th January,

2021.

The Government, on the request of the Minister for Housing, Local Government and Heritage (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 408 of 2020

)), and in exercise of the powers conferred on them by

section 2

(1) of the

Ministers and Secretaries (Amendment) (No. 2) Act 1977

(No. 28 of 1977), hereby order as follows