(LRC Revised)

Number 39 of 2003

MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS (POWERS AND FUNCTIONS) ACT 2003

REVISED

Updated to 20 May 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Minister for Community, Rural and Gaeltacht Affairs (Powers and

Functions) Act 2003

. It is prepared by the Law Reform Commission in accordance

with its function under the

Law Reform Commission Act 1975

(3/1975) to keep the

law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 20205 and all statutory instruments up to and including

the

Statistics (Community Innovation Survey) Order 2025

(S.I. No. 209 of 2025), made 21 May 2025, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

39

of

2003

MINISTER FOR COMMUNITY,

RURAL AND GAELTACHT AFFAIRS (POWERS AND FUNCTIONS) ACT 2003

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Powers of Minister in relation to transport services for

islands.

3.

Powers of Minister in relation to provision, etc., of

aerodromes.

4.

Repeals and saver.

5.

Expenses of Ministers.

6.

Short title.

Acts Referred to

Acquisition of Land (Assessment of Compensation) Act

1919

1919, c. 57

Aran Islands Transport Act 1946

1946, No. 5

Companies Acts 1963 to 2001

Lands Clauses Consolidation Act 1845

1845, c. 18

Local Government Acts 1925 to 2003

Minister for Arts, Heritage, Gaeltacht and the Islands

(Powers and Functions) Act 1998

1998, No. 7

Number

39

of

2003

MINISTER FOR COMMUNITY, RURAL

AND GAELTACHT AFFAIRS (POWERS AND FUNCTIONS) ACT 2003

AN ACT TO MAKE FURTHER PROVISION IN RELATION

TO THE FUNCTIONS AND POWERS OF THE MINISTER

FOR COMMUNITY, RURAL AND GAELTACHT

AFFAIRS WITH RESPECT TO THE ISLANDS OF THE

STATE AND TO PROVIDE FOR RELATED MATTERS.

[16

th December

, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references construed (23.09.2020) by

Islands (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 379 of

2020), art. 3(1)(a), 4.

3.

(1) The functions vested

in the Minister for Culture, Heritage and the Gaeltacht by or under —

(

a

) the Minister for

Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and

2007,

...

are transferred to the Minister

for Rural and Community Development.

(2) References to the Minister for

Culture, Heritage and the Gaeltacht contained in any Act or instrument made under

such 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 Rural

and Community Development.

Note change of name of Minister

and Department of Rural and Community Development to—

• Rural and Community

Development and the Gaeltacht (2.06.2025) by

Rural and Community Development

(Alteration of Name of Department and Title of Minister) Order 2025

(S.I.

No. 173 of 2025), in effect as per art. 1(2).

C2

Functions transferred and

references construed (1.05.2011) by

Irish Language, Gaeltacht and the Islands

(Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 164 of 2011), arts. 2, 3 and sch. part 1, in effect as per

art 1(2), subject to transitional provision in arts. 4-8.

2.

(1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Tourism,

Culture and Sport.

(2) References to the Department

of Community, Equality and Gaeltacht Affairs contained in any Act or any

instrument made thereunder and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Tourism, Culture and Sport.

3.

(1) The functions vested

in the Minister for Community, Equality and Gaeltacht Affairs by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule in so far as they relate to—

(

a

) supporting and

promoting the Irish language, including the co-ordination of policy in that

regard, and the development of the Gaeltacht and the Islands,

(

b

) promoting the

cultural, social and economic welfare of the Gaeltacht,

(

c

) supporting and

promoting North/South co-operation in relation to the Irish language and

Ulster-Scots heritage, culture and language, and

(

d

) An Foras Teanga, An

Coimisinéir Teanga and Údarás na Gaeltachta,

are transferred to the Minister

for Tourism, Culture and Sport.

(2) References to the Minister for

Community, Equality and Gaeltacht Affairs contained in any Act or instrument made

thereunder and relating to any functions transferred by this Article shall, from

the commencement of this Order, be construed as references to the Minister for

Tourism, Culture and Sport.

...

Schedule

Part 1

...

Minister for Community, Rural and

Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007

...

Note change of name of Minister and

Department of Tourism, Culture and Sport to—

• Arts, Heritage and the

Gaeltacht (2.06.2011) by

Tourism, Culture and Sport (Alteration of Name of

Department and Title of Minister) Order 2011

(S.I. No. 220 of 2011), in

effect as per art. 1(2);

• Arts, Heritage, Regional,

Rural and Gaeltacht Affair (7.07.2016) by

Arts, Heritage and the Gaeltacht

(Alteration of Name of Department and Title of Minister) Order 2016

(S.I.

No. 357 of 2016), in effect as per art. 1(2);

• Culture, Heritage and the

Gaeltacht (1.08.2017) by

Arts, Heritage, Regional, Rural and Gaeltacht Affairs

(Alteration of Name of Department and Title of Minister) Order 2017

(S.I.

No. 350 of 2017), in effect as per art. 1(2).

C3

Application of collectively

cited

Minister for Community, Rural and Gaeltacht Affairs (Powers and

Functions) Acts 2003 and 2007

restricted (21.09.2011) by

European

Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of

2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42.

—...

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Tile /

Citation

...

...

...

Minister for

Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003

and 2007

...

...

...

Annotations

Modifications (not altering

text)

C1

Functions transferred and

references construed (23.09.2020) by

Islands (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 379 of

2020), art. 3(1)(a), 4.

3.

(1) The functions vested

in the Minister for Culture, Heritage and the Gaeltacht by or under —

(

a

) the Minister for

Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and

2007,

...

are transferred to the Minister

for Rural and Community Development.

(2) References to the Minister for

Culture, Heritage and the Gaeltacht contained in any Act or instrument made under

such 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 Rural

and Community Development.

Note change of name of Minister

and Department of Rural and Community Development to—

• Rural and Community

Development and the Gaeltacht (2.06.2025) by

Rural and Community Development

(Alteration of Name of Department and Title of Minister) Order 2025

(S.I.

No. 173 of 2025), in effect as per art. 1(2).

C2

Functions transferred and

references construed (1.05.2011) by

Irish Language, Gaeltacht and the Islands

(Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 164 of 2011), arts. 2, 3 and sch. part 1, in effect as per

art 1(2), subject to transitional provision in arts. 4-8.

2.

(1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Tourism,

Culture and Sport.

(2) References to the Department

of Community, Equality and Gaeltacht Affairs contained in any Act or any

instrument made thereunder and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Tourism, Culture and Sport.

3.

(1) The functions vested

in the Minister for Community, Equality and Gaeltacht Affairs by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule in so far as they relate to—

(

a

) supporting and

promoting the Irish language, including the co-ordination of policy in that

regard, and the development of the Gaeltacht and the Islands,

(

b

) promoting the

cultural, social and economic welfare of the Gaeltacht,

(

c

) supporting and

promoting North/South co-operation in relation to the Irish language and

Ulster-Scots heritage, culture and language, and

(

d

) An Foras Teanga, An

Coimisinéir Teanga and Údarás na Gaeltachta,

are transferred to the Minister

for Tourism, Culture and Sport.

(2) References to the Minister for

Community, Equality and Gaeltacht Affairs contained in any Act or instrument made

thereunder and relating to any functions transferred by this Article shall, from

the commencement of this Order, be construed as references to the Minister for

Tourism, Culture and Sport.

...

Schedule

Part 1

...

Minister for Community, Rural and

Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007

...

Note change of name of Minister and

Department of Tourism, Culture and Sport to—

• Arts, Heritage and the

Gaeltacht (2.06.2011) by

Tourism, Culture and Sport (Alteration of Name of

Department and Title of Minister) Order 2011

(S.I. No. 220 of 2011), in

effect as per art. 1(2);

• Arts, Heritage, Regional,

Rural and Gaeltacht Affair (7.07.2016) by

Arts, Heritage and the Gaeltacht

(Alteration of Name of Department and Title of Minister) Order 2016

(S.I.

No. 357 of 2016), in effect as per art. 1(2);

• Culture, Heritage and the

Gaeltacht (1.08.2017) by

Arts, Heritage, Regional, Rural and Gaeltacht Affairs

(Alteration of Name of Department and Title of Minister) Order 2017

(S.I.

No. 350 of 2017), in effect as per art. 1(2).

C3

Application of collectively

cited

Minister for Community, Rural and Gaeltacht Affairs (Powers and

Functions) Acts 2003 and 2007

restricted (21.09.2011) by

European

Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of

2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42.

—...

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Tile /

Citation

...

...

...

Minister for

Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003

and 2007

...

...

...

Section

1.

Interpretation.

2.

Powers of Minister in relation to transport services for

islands.

3.

Powers of Minister in relation to provision, etc., of

aerodromes.

4.

Repeals and saver.

5.

Expenses of Ministers.

6.

Short title.

Number

39

of

2003