Ministers and Secretaries Act 1924

Powers of Executive Council in respect of statutory bodies.

9

9.(1) It shall be lawful for the Executive Council—

(a) by an Order of the Executive Council, to dissolve any Board of Commissioners or statutory body to which this section applies; and

(b) by the same Order to transfer to, or confer or impose on, the Minister or Ministers who is or are head or heads of the appropriate Department or Departments of State concerned with the public services of any Board of Commissioners or statutory body dissolved under this section, all or any of the jurisdictions, powers, duties, and functions of such dissolved Board of Commissioners or statutory body; and

(c) by the same or any subsequent Order to vest in the Minister or respective Ministers who is or are the head or heads of such appropriate Department or Departments of State as aforesaid, all or any part of the lands, hereditaments, tenements and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which were on the 6th day of December, 1921, or shall at the time of making any such Order under this sub-section be vested, whether by statute, deed, contract, or otherwise, in or held in trust for any Board of Commissioners or statutory body dissolved by an Order under this sub-section, so that the same shall under and by virtue of such Order without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company or corporation become and be vested in such Minister or respective Ministers for all the estate, term, and interest, or respective estates, terms, and interests for which the same were immediately before the making of such Order vested in or held by such dissolved Board of Commissioners or statutory body, but subject to such (if any) trusts and equities as shall affect the said lands, hereditaments, tenements and premises property and assets respectively at the time of making such Order and shall be then legally subsisting and capable of being performed; and

(d) by the same or any subsequent Order to determine and declare which is or are the appropriate Department or Departments of State for the purposes of this sub-section to or on whose Minister or respective Ministers the jurisdictions, powers, duties, and functions of any such dissolved Board of Commissioners or statutory body shall be transferred, conferred, or imposed as aforesaid; and

(e) by the same or any subsequent Order to make such adaptations and modifications as the Executive Council may consider necessary of or in any British Statute relating to any Board of Commissioners or other statutory body dissolved under this section.

(2) It shall be lawful for the Executive Council—

(a) by an Order of the Executive Council to transfer to and confer or impose on any Minister any of the jurisdictions, powers, duties, and functions of any Board of Commissioners or statutory body to which this section applies, and to declare that the public services and officers concerned with the jurisdictions, powers, duties and functions transferred, conferred, or imposed by such Order as aforesaid are comprised and included in the public services and officers of the Department of State administered by or under such Minister as head thereof; and

(b) by the same or any subsequent Order to vest in the Minister or respective Ministers who is or are the head or heads of such appropriate Department or Departments of State as aforesaid all or any part of the lands, hereditaments, tenements, and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which were on the 6th day of December, 1921, or shall at the time of making any such Order under this sub-section be vested, whether by statute, deed, contract or otherwise, in or held in trust for any such Board of Commissioners or statutory body and which were connected with the exercise or performance of any of the jurisdictions, powers, duties or functions transferred, conferred, or imposed by an Order under this sub-section so that the same shall under and by virtue of such Order without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company or corporation become and be vested in such Minister or respective Ministers for all the estate, term and interest, or respective estates, terms and interests for which the same were immediately before the making of such Order vested in or held by such Board of Commissioners or statutory body, but subject to such (if any) trusts and equities as shall affect the said lands, hereditaments, tenements and premises property and assets respectively at the time of making such Order and shall be then legally subsisting and capable of being performed; and

(c) by the same or any subsequent Order to determine and declare which is or are the appropriate Department or Departments of State for the purposes of this sub-section to or on whose Minister or respective Ministers the jurisdictions, powers, duties and functions of any Board of Commissioners or statutory body shall be transferred, conferred, or imposed as aforesaid; and

(d) by the same or any subsequent Order to make such adaptations and modifications as the Executive Council may consider necessary of or in any British Statute relating to any Board of Commissioners or statutory body whose or any of whose jurisdictions, powers, duties and functions are transferred, conferred, or imposed by an Order under this sub-section.

(3) So long as any Board of Commissioners or statutory body to which this section applies shall continue to exist, and until the same shall be dissolved under this section, the jurisdictions, powers, duties and functions of such Board of Commissioners or statutory body, or such of those jurisdictions, powers, duties or functions as shall not have been divested or transferred from such Board of Commissioners or statutory body by any Order under this section, and the exercise and performance thereof shall be and remain subject to the direction and control of the Minister who is head of the appropriate Department of State concerned with the public services of such Board of Commissioners or statutory body, and such Minister shall be responsible for the administration of the services of such Board of Commissioners or statutory body, and if any question shall arise as to which is the Minister or appropriate Department of State concerned with any public service for the purposes of this sub-section, such question shall be determined by the President of the Executive Council, whose decision shall be final.

(4) The Boards of Commissioners and statutory bodies to which this section applies are all statutory Boards of Commissioners and other statutory boards and bodies exercising any function of government or discharging any public duties in relation to public administration in Saorstát Eireann, and also any Board of Commissioners established by Order of the Executive Council under Section 7 of the Adaptation of Enactments Act, 1922 (No, 2 of 1922), but this section shall not apply to or affect any university established by Royal Charter or any body corporate similarly established for the regulation of the admission, qualification, and conduct of the members of any profession or business notwithstanding that such university or body is in other respects a statutory body.

Annotations

Modifications (not altering text):

C25

Application of section restricted by Central Bank Act 1942 (22/1942), s. 6, as substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 6, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3.

[Bank to perform functions of European System of Central Banks.

6.—(1) The Bank shall perform all functions imposed, and exercise all powers conferred, on the Bank by or under the Rome Treaty or the ESCB Statute.

...

(3) Section 9 of the Ministers and Secretaries Act 1924 does not apply to the Bank.]

C26

Application of subs. (3) restricted (4.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 101, commenced on enactment.

101.— (1) The Revenue Commissioners shall be independent in the performance of their functions under, or for the purposes of, a relevant enactment.

(2) Neither section 9(3) of the Act of 1924 nor Article 9 of the Revenue Commissioners Order 1923 (S.I. No. 2 of 1923) shall apply to the Revenue Commissioners in the performance by them of their functions under, or for the purposes of, a relevant enactment.

C27

Application of section extended (5.03.1926) by Adaptation of Charters Act 1926 (6/1976), s. 3, commenced on enactment.

Amendment of section 9 of Ministers and Secretaries Act, 1924.

3.—(1) Any board or body constituted and governed by charter and also any board or body constituted by charter and governed by statute or partly by statute and partly by charter, and also any board or body constituted by statute and governed by charter or partly by charter and partly by statute shall be deemed to be a statutory board or body for the purposes of section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924).

(2) For the purposes of the said section 9 of the Ministers and Secretaries Act, 1924, the words “any board of commissioners established by order of the Executive Council under section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922)” shall include a board of commissioners established by order of the Executive Council under the said section 7 as amended by this Act.

Editorial Notes:

E27

Power pursuant to subs. (2) exercised (12.03.1996, deemed) by Heritage (Transfer of Functions of Commissioners of Public Works in Ireland) Order 1996 (S.I. No. 332 of 1996), in effect as per art. 1(2).

E28

Power pursuant to section exercised (31.12.1955) by Royal Hospital, Kilmainham (Dissolution of Governors and Revocation of Charters) Order 1955 (S.I. No. 260 of 1955), in effect as per art. 1(2).

E29

Power pursuant to subs. (1) exercised (2.08.1935) by National Education Commissioners (Transfer of Functions) Order 1935 (S.I. No. 264 of 1935), in effect as per signature.

E30

Power pursuant to section exercised (2.01.1933) by Irish Insurance Commissioners (Transfer of Functions) Order 1933 (S.I. No. 1 of 1933).

E31

Power pursuant to section exercised (18.12.1928) by General Prisons Board (Transfer of Functions) Order 1928 (S.I. No. 79 of 1928).

E32

Power pursuant to subs. (2) exercised (31.08.1928) by Irish Land Commission (Fisheries and Rural Industries) (Transfer of Functions) Order 1928 (S.I. No. 60 of 1928).

E33

Power pursuant to section exercised (13.12.1927) by Department of Agriculture and Technical Instruction For Ireland (Education) (Transfer of Functions) Order 1927 (S.I. No. 101 of 1927).

E34

Power pursuant to section exercised (12.08.1927) by Saorstát Eireann Forestry Commissioners (Transfer of Functions) Order 1927 (S.I. No. 69 of 1927).

E35

Power pursuant to section exercised (12.01.1927) by Department of Agriculture and Technical Instruction For Ireland (Fisheries) (Transfer of Functions) Order 1927 (S.I. No. 5 of 1927).

E36

Power pursuant to section exercised (31.03.1925) by Commissioners of Education in Ireland (Transfer of Functions) Order 1925 (S.I. No. 22 of 1925).

E37

Power pursuant to subs. (1) exercised (31.03.1925) by Intermediate Education Commissioners (Transfer of Functions) Order 1925 (S.I. No. 17 of 1925).

E38

Power pursuant to section exercised (19.06.1924) by Electricity Commissioners (Transfer of Functions) Order 1924 (S.I. No. 7 of 1924).

E39

Previous affecting provision: power pursuant to subs. (2) exercised (12.03.1996) by Heritage (Transfer of Functions of Commissioners of Public Works) Order 1996 (S.I. No. 61 of 1996), in effect as per art. 1(2); revoked (12.03.1996, deemed) by Heritage (Transfer of Functions of Commissioners of Public Works in Ireland) Order 1996 (S.I. No. 332 of 1996), art. 6, in effect as per art. 1(2).

E40

Previous affecting provision: application of section restricted (4.11.1942) by Central Bank Act 1942 (22/1942), s. 5(6), commenced on enactment; section substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 4, S.I. No. 160 of 2003.