LABOUR SERVICES ACT 1987

Transfer of certain property and liabilities of Minister, An Chomhairle and Agency to An Foras.

19

19. (1) The following shall be and hereby are transferred to An Foras on the establishment day:

( a) all property and rights held or enjoyed immediately before that day by An Chomhairle or the Agency, and

( b) all liabilities incurred by the Minister before that day in connection with or for the purposes of the Manpower Service, and all liabilities incurred before that day by An Chomhairle or the Agency, that had not been discharged before that day, and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on the establishment day, vest in An Foras, for all the estate, term or interest for which, immediately before that day, it was vested in An Chomhairle or the Agency, as the case may be, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the said rights shall, as on and from the establishment day, be enjoyed by An Foras, and

(iii) the said liabilities shall, as on and from the establishment day, be the liabilities of An Foras.

(2) All moneys, stocks, shares and securities transferred to An Foras by this section which, on the appointed day, are standing in the name of An Chomhairle or the Agency shall, upon the request of An Foras, be transferred into its name.

(3) Every right and liability transferred by subsection (1) to An Foras may, on or after the establishment day, be sued on, recovered or enforced by or against An Foras in its own name and it shall not be necessary for An Foras to give notice to the person whose right or liability is transferred by that subsection of the transfer.

(4) ( a) Such premises occupied immediately before the establishment day by the Minister, for the purposes of the Manpower Service, as may be specified by the Minister for Finance after consultation with the Minister may, on and after that day, be occupied by, or transferred to, An Foras on such terms and conditions as may be agreed upon by An Foras and the Minister for Finance after consultation with the Minister.

( b) Such other property used, immediately before the establishment day, by the Minister for the purposes of the Manpower Service as may be specified by the Minister for Finance after consultation with the Minister may, on and after that day, be used by, or transferred to, An Foras on such terms and conditions as may be agreed upon by An Foras and the Minister for Finance after consultation with the Minister.

Annotations:

Modifications (not altering text):

C9

Functions under subs. (4) transferred and terms “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), regs. 2, 3, 5 and sch. 1 part 2, commenced as per reg. 1(2).

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2.— (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3.— The functions conferred on the Minister for Finance by or under the provisions of —

( a) the enactments specified in Schedule 1, and

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are transferred to the Minister for Public Expenditure and Reform.

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5.— References to the Minister for Finance contained in any Act or instrument under an 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 Public Expenditure and Reform.

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Schedule 1 Enactments

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No. 15 of 1987

Labour Services Act 1987

Sections 4(6), 10, 11(1), 12(3) and (4), 14, 19(4) and 25(2)

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