(LRC Revised)

Number 10 of 2011

MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011

REVISED

Updated to 18 December 2023

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

Ministers and Secretaries (Amendment) Act 2011

. 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 (No. 2) Act 2023

(39/2023), enacted 18 December 2023, and all statutory instruments up to and including

the

Broadcasting Act 2009 (Section 21) Levy Order 2023

(S.I. No. 657 of 2023),

made 18 December 2023, 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

10

of

2011

MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011

REVISED

Updated to 18 December

2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction.

2. Definitions.

3. Public service body.

4. Regulations.

5. Disapplication of section 7 of Official Languages Act 2003.

PART 2

Department of Public Expenditure and Reform

6. Appointed day.

7. Department of Public Expenditure and Reform.

8. Transfer of certain expenditure functions to Minister.

9. Transfer of certain other functions to Minister.

10. Functions in relation to further modernisation and development of public service.

11. Transfer of administration and business of Department of Finance.

12. Pending legal proceedings.

13. Completion of certain matters commenced before appointed day.

14. Operation of certain instruments made before appointed day.

15. Construction of references.

16. Transfer of property, etc. to Minister.

16A. Control of terms and conditions of public servants.

PART 3

Performance of Certain Functions

17. Estimates of expenditure in respect of supply services.

17A. Ministerial expenditure ceilings: provision of information to Minister.

18. Functions in respect of Central Fund.

19. Functions performable by Minister for Finance or Minister.

20. Performance of certain functions transferred to Minister by

section 9

.

21. Performance of certain functions by Minister for Finance.

22. Purported performance of certain functions by Minister.

23. Purported performance of certain functions by Minister for Finance.

24. Dispute in relation to performance of functions.

PART 4

Amendment of Certain Enactments

25. Amendment of section 26 of Intoxicating Liquor (General) Act 1924.

26. Amendment of Shannon Electricity Act 1925.

27. Amendment of section 12 of Electricity (Supply) Act 1927.

28. Amendment of section 7 of State Lands (Workhouses) Act 1930.

29. Amendment of section 4 of Electricity (Supply) (Amendment) Act 1930.

30. Amendment of section 3 of Electricity (Supply) (Amendment) Act 1931.

31. Amendment of section 12 of Electricity (Supply) (Amendment) (No. 2) Act 1934.

32. Amendment of section 13 of Shannon Fisheries Act 1935.

33. Amendment of Local Loans Fund Act 1935.

34. Amendment of section 15 of Seanad Electoral (University Members) Act 1937.

35. Amendment of section 3 of Local Loans Fund (Amendment) Act 1937.

36. Amendment of section 15 of Industrial Alcohol Act 1938.

37. Amendment of section 5 of Hospitals Act 1939.

38. Amendment of District of Fergus Drainage Act 1943.

39. Amendment of Transport Act 1944.

40. Amendment of section 21 of Act of 1945.

41. Amendment of section 3 of Finance (Miscellaneous Provisions) Act 1945.

42. Amendment of Electricity (Supply) (Amendment) Act 1945.

43. Amendment of section 53 of Turf Development Act 1946.

44. Amendment of section 4 of Seanad Electoral (Panel Members) Act 1947.

45. Amendment of Sea Fisheries Act 1952.

46. Amendment of Insurance Act 1953.

47. Amendment of Electricity (Supply) (Amendment) Act 1954.

48. Amendment of section 2 of Turf Development Act 1957.

49. Amendment of section 11 of Transport Act 1958.

50. Amendment of section 10 of Shannon Free Airport Development Company Limited Act

1959.

51. Amendment of Petroleum and Other Minerals Development Act 1960.

52. Amendment of section 4 of Electricity (Supply) (Amendment) Act 1962.

53. Amendment of section 2 of Sea Fisheries (Amendment) Act 1963.

54. Amendment of National Building Agency Limited Act 1963.

55. Amendment of section 4 of Transport Act 1964.

56. Amendment of section 1 of Electricity (Supply) (Amendment) Act 1971.

57. Amendment of Act of 1976.

58. Amendment of section 7 of Superannuation and Pensions Act 1976.

59. Amendment of section 14 of Wildlife Act 1976.

60. Amendment of National Film Studios of Ireland Limited Act 1980.

61. Amendment of First Schedule to Ombudsman Act 1980.

62. Amendment of Housing Finance Agency Act 1981.

63. Amendment of section 8 of Kilkenny Design Workshops Limited Act 1982.

64. Amendment of Act of 1983.

65. Amendment of National Lottery Act 1986.

66. Amendment of Transport (Re-Organisation of Córas Iompair Éireann) Act 1986.

67. Amendment of Act of 1988.

68. Amendment of section 69 of Finance Act 1988.

69. Amendment of section 6 of Public Hospitals (Amendment) Act 1990.

70. Amendment of section 14 of Dublin Institute of Technology Act 1992.

71. Amendment of section 13 of Regional Technical Colleges Act 1992.

72. Amendment of Electoral Act 1992.

73. Amendment of section 41 of Act of 1993.

74. Amendment of Presidential Elections Act 1993.

75. Amendment of Referendum Act 1994.

76. Amendment of Act of 1996.

77. Amendment of Act of 1997.

78. Amendment of section 33 of Dublin Docklands Development Authority Act 1997.

79. Amendment of European Parliament Elections Act 1997.

80. Amendment of First Schedule to Freedom of Information Act 1997.

81. Amendment of Hepatitis C Compensation Tribunal Act 1997.

82. Amendment of section 6A of Merchant Shipping (Commissioners of Irish Lights) Act

1997.

83. Amendment of section 44 of National Cultural Institutions Act 1997.

84. Amendment of section 38 of Universities Act 1997.

85. Amendment of Act of 1998.

86. Amendment of section 29 of Fisheries (Amendment) Act 1999.

87. Amendment of section 37 of Electoral (Amendment) Act 2001.

88. Amendment of section 12 of Horse and Greyhound Racing Act 2001.

89. Amendment of section 106 of Local Government Act 2001.

90. Amendment of Schedule 1 to Ombudsman for Children Act 2002.

91. Amendment of Houses of the Oireachtas Commission Act 2003.

92. Amendment of First Schedule to Official Languages Act 2003.

93. Amendment of section 36 of Civil Liability and Courts Act 2004.

94. Amendment of section 25 of Electoral (Amendment) Act 2004.

95. Amendment of section 12 of Public Service Management (Recruitment and Appointments)

Act 2004.

96. Amendment of section 9 of Social Welfare Consolidation Act 2005.

97. Amendment of section 13 of Health (Repayment Scheme) Act 2006.

98. Amendment of Charities Act 2009.

99. Amendment of section 22 of Social Welfare and Pensions Act 2009.

PART 5

MISCELLANEOUS

100. Seconded staff of National Treasury Management Agency.

101. Independence of Revenue Commissioners.

SCHEDULE 1

SCHEDULE 2

Functions Transferred To Minister

PART 1

Functions performable with consent of Minister for Finance

PART 2

Functions performable after consultation with Minister for Finance

SCHEDULE 3

Functions of Minister for Finance Performable on Request of Minister

Acts Referred to

Air Navigation and Transport (Amendment) Act 1998

1998, No. 24

Capital Acquisitions Tax Consolidation Act 2003

2003, No. 1

Capital Gains Tax Acts

Charities Act 2009

2009, No. 6

Central Fund (Permanent Provisions) Act 1965

1965, No. 26

Civil Liability and Courts Act 2004

2004, No. 31

Companies Act 1963

1963, No. 33

Companies Acts

Customs Acts

Defence Act 1954

1954, No. 18

District of Fergus Drainage Act 1943

1943, No. 13

Documentary Evidence Act 1925

1925, No. 24

Dublin Docklands Development Authority Act 1997

1997, No. 7

Dublin Institute of Technology Act 1992

1992, No. 15

Electoral Act 1992

1992, No. 23

Electoral Act 1997

1997, No. 25

Electoral (Amendment) Act 2001

2001, No. 38

Electoral (Amendment) Act 2004

2004, No. 15

Electricity (Supply) Act 1927

1927, No. 27

Electricity (Supply) (Amendment) Act 1930

1930, No. 19

Electricity (Supply) (Amendment) Act 1931

1931, No. 32

Electricity (Supply) (Amendment) (No. 2) Act 1934

1934, No. 38

Electricity (Supply) (Amendment) Act 1945

1945, No. 12

Electricity (Supply) (Amendment) Act 1954

1954, No. 17

Electricity (Supply) (Amendment) Act 1958

1958, No. 35

Electricity (Supply) (Amendment) Act 1962

1962, No. 24

Electricity (Supply) (Amendment) Act 1971

1971, No. 18

Electricity (Supply) (Amendment) Act 2001

2001, No. 9

Energy (Miscellaneous Provisions) Act 2006

2006, No. 40

European Parliament Elections Act 1997

1997, No. 2

Finance Act 1988

1988, No. 12

Finance Act 1992

1992, No. 9

Finance (Miscellaneous Provisions) Act 1945

1945, No. 35

Fisheries (Amendment) Act 1999

1999, No. 35

Forestry Act 1988

1988, No. 26

Freedom of Information Act 1997

1997, No. 13

Gas Act 1976

1976, No. 30

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Harbours (Amendment) Act 2000

2000, No. 21

Health (Repayment Scheme) Act 2006

2006, No. 17

Hepatitis C Compensation Tribunal Act 1997

1997, No. 34

Hepatitis C Compensation Tribunal (Amendment) Act 2006

2006, No. 22

Horse and Greyhound Racing Act 2001

2001, No. 20

Hospitals Act 1939

1939, No. 4

Houses of the Oireachtas Commission Act 2003

2003, No. 28

Houses of the Oireachtas Commission (Amendment) Act 2009

2009, No. 44

Housing Finance Agency Act 1981

1981, No. 37

Industrial Alcohol Act 1938

1938, No. 23

Industrial Alcohol (Amendment) Act 1980

1980, No. 42

Institutes of Technology Act 2006

2006, No. 25

Insurance Act 1953

1953, No. 7

Insurance Act 1969

1969, No. 5

Insurance Act 1983

1983, No. 5

Interpretation Act 2005

2005, No. 23

Irish Aviation Authority Act 1993

1993, No. 29

Intoxicating Liquor (General) Act 1924

1924, No. 62

Kilkenny Design Workshops Limited Act 1982

1982, No. 26

Local Government Act 2001

2001, No. 37

Local Loans Fund Act 1935

1935, No. 16

Local Loans Fund (Amendment) Act 1937

1937, No. 17

Local Loans Fund (Amendment) Act 1940

1940, No. 28

Merchant Shipping (Commissioners of Irish Lights) Act 1997

1997, No. 37

Merchant Shipping (Miscellaneous Provisions) Act 1998

1998, No. 20

Minerals Company Act 1945

1945, No. 7

Minerals Exploration and Development Company Act 1941

1941, No. 13

Ministerial and Parliamentary Offices Act 1938

1938, No. 38

Ministers and Secretaries Act 1924

1924, No. 16

Ministers and Secretaries (Amendment) Act 1939

1939, No. 36

Ministers and Secretaries (Amendment) Act 1977

1977, No. 27

Ministers and Secretaries Acts 1924 to 2007

National Building Agency Limited Act 1963

1963, No. 32

National Cultural Institutions Act 1997

1997, No. 11

National Film Studios of Ireland Limited Act 1980

1980, No. 37

National Lottery Act 1986

1986, No. 28

National Stud Act 1945

1945, No. 31

National Treasury Management Agency Act 1990

1990, No. 18

Official Languages Act 2003

2003, No. 32

Ombudsman Act 1980

1980, No. 26

Ombudsman for Children Act 2002

2002, No. 22

Petroleum and Other Minerals Development Act 1960

1960, No. 7

Postal and Telecommunications Services Act 1983

1983, No. 24

Presidential Elections Act 1993

1993, No. 28

Presidential Establishment Acts 1938 to 1991

Public Hospitals (Amendment) Act 1990

1990, No. 30

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Referendum Act 1994

1994, No. 12

Regional Technical Colleges Act 1992

1992, No. 16

Sea Fisheries Act 1952

1952, No. 7

Sea Fisheries (Amendment) Act 1963

1963, No. 21

Sea Fisheries (Amendment) Act 1982

1982, No. 12

Seanad Electoral (Panel Members) Act 1947

1947, No. 42

Seanad Electoral (University Members) Act 1937

1937, No. 30

Shannon Electricity Act 1925

1925, No. 26

Shannon Fisheries Act 1935

1935, No. 4

Shannon Free Airport Development Company Limited Act 1959

1959, No. 36

Social Welfare and Pensions Act 2009

2009, No. 10

Social Welfare Consolidation Act 2005

2005, No. 26

Stamp Duties Consolidation Act 1999

1999, No. 31

State Airports Act 2004

2004, No. 32

State Property Act 1954

1954, No. 25

State Lands (Workhouses) Act 1930

1930, No. 9

Superannuation Acts 1834 to 1963

Superannuation and Pensions Act 1976

1976, No. 22

Tax Acts

Taxes Consolidation Act 1997

1997, No. 39

Telecommunications (Miscellaneous Provisions) Act 1996

1996, No. 34

Transport Act 1944

1944, No. 21

Transport Act 1958

1958, No. 19

Transport Act 1964

1964, No. 30

Transport Act 1981

1981, No. 23

Transport (Re-Organisation of Córas Iompair Éireann) Act 1986

1986, No. 31

Turf Development Act 1946

1946, No. 10

Turf Development Act 1957

1957, No. 10

Turf Development Act 1981

1981, No. 20

Turf Development Act 1998

1998, No. 26

Universities Act 1997

1997, No. 24

Value-Added Tax Consolidation Act 2010

2010, No. 31

Vocational Education Act 1930

1930, No. 29

Wildlife Act 1976

1976, No. 39

Number

10

of

2011

MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011

REVISED

Updated to 18 December

2023

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A DEPARTMENT OF STATE TO BE KNOWN, IN

THE IRISH LANGUAGE, AS AN ROINN CAITEACHAIS PHOIBLÍ AGUS ATHCHÓIRITHE OR, IN THE ENGLISH LANGUAGE, AS THE DEPARTMENT OF PUBLIC EXPENDITURE AND REFORM;

TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS OF THE MINISTER FOR FINANCE TO THE

MINISTER OF THE GOVERNMENT HAVING CHARGE OF THAT DEPARTMENT; TO CONFER FUNCTIONS ON

THE SAID MINISTER OF THE GOVERNMENT IN RELATION TO THE MODERNISATION AND DEVELOPMENT

OF THE PUBLIC SERVICE; TO DEEM MEMBERS OF STAFF OF THE NATIONAL TREASURY MANAGEMENT

AGENCY ASSIGNED TO PERFORM FUNCTIONS IN THE DEPARTMENT OF FINANCE TO BE OFFICERS OF

THE MINISTER FOR FINANCE FOR CERTAIN PURPOSES; TO PROVIDE THAT THE REVENUE COMMISSIONERS

SHALL BE INDEPENDENT IN THE PERFORMANCE OF CERTAIN OF THEIR FUNCTIONS; FOR THOSE AND

OTHER PURPOSES TO AMEND CERTAIN ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[4

th July

, 2011]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

Annotations

Editorial Notes

E1

Power pursuant to Act exercised (1.01.2013) by

Oireachtas (Allowances and Facilities) (Amendment) Regulations 2013

(S.I. No. 149 of 2013), in effect as per reg. 1(2).

Annotations

Editorial Notes

E1

Power pursuant to Act exercised (1.01.2013) by

Oireachtas (Allowances and Facilities) (Amendment) Regulations 2013

(S.I. No. 149 of 2013), in effect as per reg. 1(2).

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction.

2. Definitions.

3. Public service body.

4. Regulations.

5. Disapplication of section 7 of Official Languages Act 2003.

PART 2

Department of Public Expenditure and Reform

6. Appointed day.

7. Department of Public Expenditure and Reform.

8. Transfer of certain expenditure functions to Minister.

9. Transfer of certain other functions to Minister.

10. Functions in relation to further modernisation and development of public service.

11. Transfer of administration and business of Department of Finance.

12. Pending legal proceedings.

13. Completion of certain matters commenced before appointed day.

14. Operation of certain instruments made before appointed day.

15. Construction of references.

16. Transfer of property, etc. to Minister.

16A. Control of terms and conditions of public servants.

PART 3

Performance of Certain Functions

17. Estimates of expenditure in respect of supply services.

17A. Ministerial expenditure ceilings: provision of information to Minister.

18. Functions in respect of Central Fund.

19. Functions performable by Minister for Finance or Minister.

20. Performance of certain functions transferred to Minister by

section 9

.

21. Performance of certain functions by Minister for Finance.

22. Purported performance of certain functions by Minister.

23. Purported performance of certain functions by Minister for Finance.

24. Dispute in relation to performance of functions.

PART 4

Amendment of Certain Enactments

25. Amendment of section 26 of Intoxicating Liquor (General) Act 1924.

26. Amendment of Shannon Electricity Act 1925.

27. Amendment of section 12 of Electricity (Supply) Act 1927.

28. Amendment of section 7 of State Lands (Workhouses) Act 1930.

29. Amendment of section 4 of Electricity (Supply) (Amendment) Act 1930.

30. Amendment of section 3 of Electricity (Supply) (Amendment) Act 1931.

31. Amendment of section 12 of Electricity (Supply) (Amendment) (No. 2) Act 1934.

32. Amendment of section 13 of Shannon Fisheries Act 1935.

33. Amendment of Local Loans Fund Act 1935.

34. Amendment of section 15 of Seanad Electoral (University Members) Act 1937.

35. Amendment of section 3 of Local Loans Fund (Amendment) Act 1937.

36. Amendment of section 15 of Industrial Alcohol Act 1938.

37. Amendment of section 5 of Hospitals Act 1939.

38. Amendment of District of Fergus Drainage Act 1943.

39. Amendment of Transport Act 1944.

40. Amendment of section 21 of Act of 1945.

41. Amendment of section 3 of Finance (Miscellaneous Provisions) Act 1945.

42. Amendment of Electricity (Supply) (Amendment) Act 1945.

43. Amendment of section 53 of Turf Development Act 1946.

44. Amendment of section 4 of Seanad Electoral (Panel Members) Act 1947.

45. Amendment of Sea Fisheries Act 1952.

46. Amendment of Insurance Act 1953.

47. Amendment of Electricity (Supply) (Amendment) Act 1954.

48. Amendment of section 2 of Turf Development Act 1957.

49. Amendment of section 11 of Transport Act 1958.

50. Amendment of section 10 of Shannon Free Airport Development Company Limited Act

1959.

51. Amendment of Petroleum and Other Minerals Development Act 1960.

52. Amendment of section 4 of Electricity (Supply) (Amendment) Act 1962.

53. Amendment of section 2 of Sea Fisheries (Amendment) Act 1963.

54. Amendment of National Building Agency Limited Act 1963.

55. Amendment of section 4 of Transport Act 1964.

56. Amendment of section 1 of Electricity (Supply) (Amendment) Act 1971.

57. Amendment of Act of 1976.

58. Amendment of section 7 of Superannuation and Pensions Act 1976.

59. Amendment of section 14 of Wildlife Act 1976.

60. Amendment of National Film Studios of Ireland Limited Act 1980.

61. Amendment of First Schedule to Ombudsman Act 1980.

62. Amendment of Housing Finance Agency Act 1981.

63. Amendment of section 8 of Kilkenny Design Workshops Limited Act 1982.

64. Amendment of Act of 1983.

65. Amendment of National Lottery Act 1986.

66. Amendment of Transport (Re-Organisation of Córas Iompair Éireann) Act 1986.

67. Amendment of Act of 1988.

68. Amendment of section 69 of Finance Act 1988.

69. Amendment of section 6 of Public Hospitals (Amendment) Act 1990.

70. Amendment of section 14 of Dublin Institute of Technology Act 1992.

71. Amendment of section 13 of Regional Technical Colleges Act 1992.

72. Amendment of Electoral Act 1992.

73. Amendment of section 41 of Act of 1993.

74. Amendment of Presidential Elections Act 1993.

75. Amendment of Referendum Act 1994.

76. Amendment of Act of 1996.

77. Amendment of Act of 1997.

78. Amendment of section 33 of Dublin Docklands Development Authority Act 1997.

79. Amendment of European Parliament Elections Act 1997.

80. Amendment of First Schedule to Freedom of Information Act 1997.

81. Amendment of Hepatitis C Compensation Tribunal Act 1997.

82. Amendment of section 6A of Merchant Shipping (Commissioners of Irish Lights) Act

1997.

83. Amendment of section 44 of National Cultural Institutions Act 1997.

84. Amendment of section 38 of Universities Act 1997.

85. Amendment of Act of 1998.

86. Amendment of section 29 of Fisheries (Amendment) Act 1999.

87. Amendment of section 37 of Electoral (Amendment) Act 2001.

88. Amendment of section 12 of Horse and Greyhound Racing Act 2001.

89. Amendment of section 106 of Local Government Act 2001.

90. Amendment of Schedule 1 to Ombudsman for Children Act 2002.

91. Amendment of Houses of the Oireachtas Commission Act 2003.

92. Amendment of First Schedule to Official Languages Act 2003.

93. Amendment of section 36 of Civil Liability and Courts Act 2004.

94. Amendment of section 25 of Electoral (Amendment) Act 2004.

95. Amendment of section 12 of Public Service Management (Recruitment and Appointments)

Act 2004.

96. Amendment of section 9 of Social Welfare Consolidation Act 2005.

97. Amendment of section 13 of Health (Repayment Scheme) Act 2006.

98. Amendment of Charities Act 2009.

99. Amendment of section 22 of Social Welfare and Pensions Act 2009.

PART 5

MISCELLANEOUS

100. Seconded staff of National Treasury Management Agency.

101. Independence of Revenue Commissioners.

SCHEDULE 1

SCHEDULE 2

Functions Transferred To Minister

PART 1

Functions performable with consent of Minister for Finance

PART 2

Functions performable after consultation with Minister for Finance

SCHEDULE 3

Functions of Minister for Finance Performable on Request of Minister