Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007


Number 32 of 2007


COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007. 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 Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, 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 32 of 2007


COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 1 January 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007 : this Act is one of a group of Acts included in this collective citation ( Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (32/2007), s. 9(3)). The Acts in the group are:

Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003 (39/2003)

Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (32/2007), ss. 5 and 6

Western Development Commission Acts 1998 and 2007 : this Act is one of a group of Acts included in this collective citation ( Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (32/2007), s. 9(2)). The Acts in the group are:

Western Development Commission Act 1998 (42/1998)

Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (32/2007), s. 4

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1991, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010)

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Community Services Programme (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 578 of 2017)

Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 357 of 2017)

Charities (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 365 of 2017)

Rural Affairs and Social Enterprise (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 308 of 2016)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011)

Community Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 196 of 2011)

Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 195 of 2011)

Charities (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 194 of 2011)

National Drugs Strategy (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 166 of 2011)

Irish Language, Gaeltacht and the Islands (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 164 of 2011)

Young Peoples Facilities and Services Fund (Transfer of Departmental and Ministerial Functions) Order 2008 (S.I. No. 594 of 2008)

All statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this revision.


Number 32 of 2007


COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 1 January 2018




Number 32 of 2007


COMMUNITY, RURAL AND GAELTACHT AFFAIRS (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 1 January 2018


AN ACT TO CONFIRM THE FUNCTIONS OF THE MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS, TO AMEND THE FREEDOM OF INFORMATION ACT 1997, TO AMEND THE WESTERN DEVELOPMENT COMMISSION ACT 1998, TO AMEND THE MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS (POWERS AND FUNCTIONS) ACT 2003, TO REPEAL THE ARRAMARA TEORANTA (ACQUISITION OF SHARES) ACTS 1949 TO 2002, AND TO PROVIDE FOR RELATED MATTERS.

[9 th July, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Collectively cited Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).

1.

Definitions.

1.— In this Act, unless the context otherwise requires—

“Act of 2003” means the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003;

“community development” includes local development and schemes that provide support for communities in order to enable them to improve the lives of the members of the communities;

“Department” means the Department of Community, Rural and Gaeltacht Affairs;

“Minister” means the Minister for Community, Rural and Gaeltacht Affairs;

“National Drugs Strategy” means national strategies approved from time to time by the Government for the purposes of countering drug misuse in the State;

“rural development” includes—

( a) the promotion, fostering and support of economic, social and cultural activities in rural areas by the implementation of a broad range of schemes, and

( b) initiatives to sustain employment in, and assist in the prosperity of, rural areas;

“scheme”—

( a) means programmes or measures operated, managed, delivered or sponsored, whether in whole or in part, directly or indirectly or in conjunction or co-operation with any other person (including the European Union or any Department of State), by the Department in relation to the performance of any of the functions of the Minister specified in section 2(1) , and

( b) includes such programmes or measures provided to one community or rural area or to a class of communities or rural areas based on—

(i) the specific needs of that community or rural area or class of communities or rural areas, as the case may be,

(ii) the commonality of interests of that class of communities or rural areas, as the case may be, or

(iii) the geographical distribution of that class of communities or rural areas, as the case may be.

2.

Functions of Minister.

2.— (1) Without prejudice to the generality of any other provision of this Act, or of any other enactment, conferring functions on the Minister, the functions of the Minister are and shall be deemed to always have been to—

( a) support and promote community development,

( b) support and promote voluntary activity and philanthropy,

( c) support and promote rural development,

( d) co-ordinate the implementation of the National Drugs Strategy (including matters relating to the allocation of services and facilities to counter drug misuse in areas of the State where such misuse is significantly higher than in other areas of the State),

( e) support and promote the Irish language, including the co-ordination of policy in this regard, and the development of the Gaeltacht and the Islands,

( f) support and promote North/South co-operation within the ambit of the Minister’s functions (including functions under paragraphs (a) to (e)), and

( g) support and promote North/South co-operation in relation to Ulster Scots heritage, culture and language.

(2) The Minister may—

( a) with the consent of the Minister for Finance, develop and implement any scheme that, in the Minister’s opinion, supports or promotes any function of the Minister (including functions specified in subsection (1)),

( b) maintain any scheme that, in the Minister’s opinion, supports or promotes any such function,

( c) expand, with the consent of the Minister for Finance, any scheme.

(3) The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001, by virtue only of the provision of funding to a person or persons under any scheme.

(4) Nothing in this section shall of itself be construed to—

( a) prevent the Minister from terminating any scheme, or

( b) limit the generality of any functions conferred (whether by an enactment or otherwise) on another Minister of State or Department or any other agency or body of State.

Annotations:

Modifications (not altering text):

C1

Functions transferred and reference to “Department of Housing, Planning, Community and Local Government” construed (27.07.2017) by Community Development (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 357 of 2017), arts. 2, 3 and sch., part 1, in effect as per art. 1(2).

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 Rural and Community Development.

(2) References to the Department of Housing, Planning, Community and Local Government contained in any Act or any instrument made under such Act 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 Rural and Community Development.

3. (1) The functions vested in the Minister for Housing, Planning, Community and Local Government—

( a) by or under—

(i) the Acts specified in Part 1 of the Schedule,

...

are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Housing, Planning, Community and Local Government contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Rural and Community Development.

...

SCHEDULE

PART 1

...

Section 2 (in so far as it relates to the functions referred to in paragraphs ( a), ( b) and ( f) (in so far as it relates to paragraphs ( a) and ( b)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007)

C2

Functions transferred and references to “Minister for” and “Department of Justice and Equality” construed (26.07.2017) by Charities (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 348 of 2017), arts. 2 and 3(1)(e), subject to transitional provisions 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 Rural and Community Development.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made under such Act 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 Rural and Community Development.

3. (1) The functions vested in the Minister for Justice and Equality by or under— ...

(e) section 2 (in so far as it relates to the functions referred to in paragraphs (a) and (f) (in so far as it relates to paragraph (a)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007),

are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Justice and Equality in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Rural and Community Development.

...

C3

Functions transferred and references to “Minister for” and “Department of the Environment, Community and Local Government” construed (9.06.2016) by Rural Affairs and Social Enterprise (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 308 of 2016), arts. 2 and 3(1)(b), (c), (d), in effect as per art. 1(2), subject to transitional provisions in arts. 4-6.

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Arts, Heritage and the Gaeltacht.

(2) References to the Department of the Environment, Community and Local Government 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 Arts, Heritage and the Gaeltacht.

3. (1) The functions vested in the Minister for the Environment, Community and Local Government— ...

(b) under section 2 (in so far as it relates to the functions referred to in paragraphs (c) and (f) (in so far as it relates to paragraph (c)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provision) Act 2007 (No. 32 of 2007),

(c) in relation to any programmes, schemes and funds arising from the performance of the functions referred to in subparagraph (b), including the programmes, schemes and fund specified in the Schedule, and

(d) developing the Social Enterprise sector to include liaising amongst Departments of State in furtherance of this objective,

are transferred to the Minister for Arts, Heritage and the Gaeltacht.

(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made thereunder and relating to the functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Arts, Heritage and the Gaeltacht.

...

C4

Functions transferred and references to “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), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

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

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 32 of 2007

Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007

Sections 2(2)

...

...

...

C5

Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011), regs. 2, 3 and sch., in effect as per reg. 1(2).

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 Children and Youth Affairs.

(2) References to the Department of Health and Children 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 Children and Youth Affairs.

3. (1) The functions vested in the Minister for Health and Children by or under the Acts specified in the Schedule are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Health and Children 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 Children and Youth Affairs.

...

SCHEDULE

...

Subsections (1)( d) and (2) (in so far as they relate to the Young People’s Facilities and Services Fund) of section 2 of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007)

...

C6

Functions transferred and references to “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.05.2011) by Community Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 196 of 2011), regs. 2 and 3, in effect as per reg. 1(2).

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 the Environment, Heritage and Local Government.

(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 the Environment, Heritage and Local Government.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs—

...

( b) under section 2 (in so far as it relates to the functions referred to in paragraphs ( a) to ( c) and ( f) (in so far as it relates to paragraphs ( a) to ( c)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007), and

...

are transferred to the Minister for the Environment, Heritage and Local Government.

(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 the Environment, Heritage and Local Government.

...

C7

Functions transferred and references to “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.05.2011) by Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 195 of 2011), regs. 2, 3 and sch. part 2, in effect as per reg. 1(2).

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) inland waterways,

( b) Waterways Ireland,

( c) supporting and promoting North/South co-operation in relation to inland waterways,

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 2

Section 2 (1)( f) (in so far as it relates to the functions transferred by this Order) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007)

...

C8

Functions transferred and references to “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.05.2011) by Charities (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 194 of 2011), regs. 2 and 3, in effect as per reg. 1(2).

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 Justice and Equality.

(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 Justice and Equality.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under— ...

( e) section 2 (in so far as it relates to the functions referred to in paragraphs ( a) and ( f) (in so far as it relates to paragraph ( a)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007),

are transferred to the Minister for Justice and Equality.

(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 Justice and Equality.

...

C9

Functions transferred and references to “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.05.2011) by National Drugs Strategy (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 166 of 2011), regs. 2, 3 and sch., in effect as per reg. 1(2).

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 Health and Children.

(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 Health and Children.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under the provisions of the enactment specified in the Schedule are transferred to the Minister for Health and Children insofar as they relate to the National Drugs Strategy within the meaning of section 1 of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007).

(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 Health and Children.

...

SCHEDULE

Enactments, functions under which are transferred from the Minister for Community, Equality and Gaeltacht Affairs to the Minister for Health and Children:

Section 2 (insofar as it relates to the functions referred to in paragraphs ( d) and ( f) (insofar as it relates to paragraph ( d)) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007).

C10

Functions transferred and references to “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” 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), regs. 2, 3 and sch. parts 1 and 2, in effect as per reg. 1(2).

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

Part 2

...

Section 2 (in so far as it relates to the functions referred to in paragraphs ( e), ( f) (in so far as it relates to paragraph ( e)) and ( g) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007)

C11

Functions transferred and references to “Department of Community, Rural and Gaeltacht Affairs” and “Minister for Community, Rural, and Gaeltacht Affairs” construed (31.12.2008) by Young Peoples Facilities and Services Fund (Transfer of Departmental and Ministerial Functions) Order 2008 (S.I. No. 594 of 2008), regs. 2, 3 and sch., in effect as per reg. 1(2).

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 Health and Children.

(2) References to the Department of Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall be construed as references to the Department of Health and Children.

3. (1) The functions vested in the Minister for Community, Rural, and Gaeltacht Affairs by or under the provisions of the enactments specified in the Schedule to this order in so far as they relate to the Young People’s Facilities and Services Fund are transferred to the Minister for Health and Children.

...

SCHEDULE

1. Subsection (1)( d) of section 2 of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007).

2. Subsection (2) of section 2 of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007.

3.

Amendment of Third Schedule to Freedom of Information Act 1997.

3.— The Third Schedule to the Freedom of Information Act 1997 is amended in Part 1 by—

( a) inserting “No. 42 of 1998” at the end of the first column of that Part,

( b) inserting “Western Development Commission Act 1998” at the end of the second column of that Part opposite the insertion made by paragraph (a), and

( c) inserting “Section 18” in the third column of that Part opposite the insertion made by paragraph (b).

3A

F1 [ Minister for Social Protection to maintain certain schemes.

3A . The Minister for Social Protection shall, under and in accordance with Part 4 of the Social Welfare (Miscellaneous Provisions) Act 2010, maintain

( a ) the scheme commonly known as the rural social scheme, and

( b ) the programme commonly known as the community services programme. ]

Annotations:

Amendments:

F1

Inserted (1.09.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 33, S.I. No. 443 of 2010.

Modifications (not altering text):

C12

Functions transferred and references to “Department of Employment Affairs and Social Protection” and “Minister for Employment Affairs and Social Protection” construed (1.01.2018) by Community Services Programme (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 578 of 2017), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions 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 Rural and Community Development.

(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Rural and Community Development.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection—

( a) by or under— ...

(iii) section 3A( b) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007), and

(iv) section 3A of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007, in so far as it relates to the functions transferred by clause (iii), and

( b) in relation to the administration of the scheme commonly known as the community services programme,

are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Rural and Community Development.

4.

Amendment of section 8 of Western Development Commission Act 1998.

4.— Section 8(5) of the Western Development Commission Act 1998 is amended by substituting “€1,000,000” for “£250,000”.

5.

Amendment of section 2 of Act of 2003.

5.— Section 2(4) of the Act of 2003 is amended by substituting the following for paragraph ( b):

“( b) the following:

(i) centres of population within a radius of 120 kilometres of that terminus specified in regulations made by the Minister with the consent of the Minister for Finance and the Minister for Transport;

(ii) centres of second level education specified in regulations made by the Minister, with the consent of the Minister for Finance and the Minister for Transport, where the Minister has reasonable grounds to believe, after consultation with the Minister for Education and Science, that the educational needs of the students concerned would be seriously prejudiced if such centres were not so specified; or

(iii) both centres referred to in subparagraph (i) and centres referred to in subparagraph (ii),”.

6.

Amendment of section 3 of Act of 2003.

6.— Section 3(1)( b) and ( c) of the Act of 2003 is amended by deleting “any such”.

7.

Repeal of Arramara Teoranta (Acquisition of Shares) Acts 1949 to 2002.

7.— The Acts specified in the Schedule are repealed.

8.

Expenses of Ministers.

8.— (1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

9.

Short title and collective citation.

9.— (1) This Act may be cited as the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007.

(2) The Western Development Commission Act 1998 and section 4 may be cited together as the Western Development Commission Acts 1998 and 2007.

(3) The Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003 and sections 5 and 6 may be cited together as the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007.