Education (Miscellaneous Provisions) Act 2007

7.

Transfer of lands from City of Cork Vocational Education Committee.

7.— (1) In this section—

“Commissioners” means the Commissioners of Public Works in Ireland;

F1 [ ]

F2 [ Board means Cork Education and Training Board; ]

“relevant day specified in the order” means—

( a) if a single day is specified in an order under this section on which all the land, property, rights, powers and privileges to which the order relates shall vest in the Commissioners, that day,

( b) if different days are specified in an order under this section on which different parts or elements of the land, property, rights, powers or privileges to which the order relates shall vest in the Commissioners, the particular day so specified in relation to the part or element concerned.

(2) Subject to subsection (4), the Minister may by order, with the consent of the F3 [ Board ] and the Minister for Finance, provide—

( a) that the lands described in the Table to this section together with all property relating thereto whether real or personal (including choses-in-action), and

( b) that all rights, powers and privileges relating to or connected with such lands or property,

which, in each case, stands vested in the F3 [ Board ] immediately before the relevant day specified in the order shall, on that day, vest in the Commissioners.

(3) An order under this section may specify different days in relation to which different parts or elements of the lands, property, rights, powers or privileges to which the order relates shall vest in the Commissioners.

(4) The Minister shall not make an order under this section unless the Minister is satisfied that the use by the F3 [ Board ] of the land and property to which the order will, if made, relate is not necessary for the performance by the F3 [ Board ] of its functions.

(5) An order under this section shall operate to vest in the Commissioners on the relevant day specified in the order—

( a) in so far as the order relates to lands or other real property referred to in subsection (2), those lands or other such property for all the estate or interest for which immediately before that day those lands or other property were vested in the F3 [ Board ], but subject to all trusts and equities affecting those lands or other property subsisting and capable of being performed,

( b) in so far as the order relates to personal property (including choses-in-action) referred to in subsection (2), that property without any assignment, but subject, where necessary, to transfer in the books of any bank, corporation or company, and

( c) in so far as the order relates to rights, powers and privileges referred to in subsection (2), those rights, powers and privileges.

(6) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Minister to be necessary or proper for the purpose of, or in consequence of, or to give full effect to, a transfer of the lands, property, rights, powers and privileges effected by the order.

(7) A provision of any enactment, apart from this Act, shall neither be construed as preventing, nor shall it operate to prevent, a transfer of land, property or any other thing by an order under this section.

TABLE

Crawford Art Gallery, Emmet Place in the City of Cork

Annotations:

Amendments:

F1

Deleted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 51, S.I. No. 211 of 2013.

F2

Inserted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 51, S.I. No. 211 of 2013.

F3

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 51, S.I. No. 211 of 2013.

Modifications (not altering text):

C1

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), subject to transitional provisions in arts. 6-9.

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.

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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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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

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No. 9 of 2007

Education (Miscellaneous Provisions) Act 2007

Section 7

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Editorial Notes: