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

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.