Ministers and Secretaries (Amendment) Act 2011

9.

Transfer of certain other functions to Minister.

9.— (1) ( a) Subject to paragraph (b) , the following functions of the Minister for Finance are transferred to the Minister, except in so far as they consist of the power to pay moneys out of the Central Fund:

(i) all functions (including functions conferred by or under statute) relating to superannuation, remuneration (including allowances and expenses), appointment and terms and conditions of service of members of staff of public service bodies;

(ii) all functions (including functions conferred by or under statute) relating to remuneration (including fees, allowances and expenses), appointment and terms and conditions of service of members, or members of boards, of public service bodies;

(iii) the functions consisting of the sanctioning or approval of expenses incurred in the administration of any statute;

(iv) all functions (including functions conferred by or under statute) relating to superannuation, remuneration (including allowances and expenses) and terms and conditions of service of—

(I) a member of either House of the Oireachtas,

(II) a member of a local authority (within the meaning of the Local Government Act 2001),

(III) a person—

(A) elected under the European Parliament Elections Act 1997 to be a member of the European Parliament, or

(B) who is regarded under that Act as having been elected to be a member of that Parliament,

(IV) a judge of a court established under th ke law of the State,

(V) a person who is the holder of a qualifying office within the meaning of Part IV of the Ministerial and Parliamentary Offices Act 1938,

(VI) the President of Ireland.

( b) This subsection shall not effect the transfer to the Minister of functions of the Minister for Finance consisting of the superannuation or remuneration of members, members of boards, or members of staff of a body to which section 21 applies.

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

(3) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 2 of Schedule 2 are transferred to the Minister.

(4) The functions of the Minister for Finance in relation to each of the following bodies are transferred to the Minister:

( a) the Commissioners of Public Works in Ireland;

( b) the Commission for Public Service Appointments;

( c) the Public Appointments Service;

( d) the Commissioner of Valuation;

( e) the State Laboratory.

Annotations:

Modifications (not altering text):

C1

Certain functions under subs. (1)(a)(i) and (ii) transferred, and references to “Minister for Public Expenditure and Reform” construed (10.12.2013) by Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2013 (S.I. No. 574 of 2013), arts. 3, 4, in effect as per art. 1(2).

3. The functions conferred on the Minister for Public Expenditure and Reform by or under subparagraphs (i) and (ii) of section 9 (1)(a) of the Ministers and Secretaries (Amendment) Act 2011 (No. 10 of 2011) are transferred to the Minister for Finance, in so far as those functions relate to—

(a) the appointment, and terms and conditions of service, of the following:

(i) a member of the Central Bank Commission under section 18CA(1)(b) (inserted by section 14 (1) of the Central Bank Reform Act 2010 (No. 23 of 2010) (“Act of 2010”)) or section 28 (as amended by section 14(1) of the Act of 2010) of the Central Bank Act 1942 (No. 22 of 1942) (“Act of 1942”);

(ii) a Head of Function of the Central Bank appointed by the Commission under section 23B(1) (inserted by section 14(1) of the Act of 2010) of the Act of 1942;

(iii) an acting Head of Function of the Central Bank appointed by the Governor under section 23D(1) (inserted by section 14(1) of the Act of 2010) of the Act of 1942;

(iv) a member of staff of Investor Compensation Company Limited;

(vi) a Registrar of Credit Unions under section 33X(4) (inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003 (No. 12 of 2003)) of the Act of 1942;

(vii) an acting Registrar of Credit Unions under section 33Y(2) of the Act of 1942,

(b) the approval of—

(i) a superannuation scheme established under section 33AG(2) (inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003 (No. 12 of 2003)) of the Act of 1942 in respect of persons mentioned in subsection (1) of that section;

(ii) a merger of a staff superannuation scheme mentioned in clause (i) with a staff superannuation scheme continued by section 33AH (inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003 (No. 12 of 2003)) of the Act of 1942, under subsection (3) of that section,

or

(c) a determination that a trust fund established for the purposes of a staff superannuation scheme established under section 33AG, or continued in being under section 33AH, of the Act of 1942 is to be public funds for the purposes of the Superannuation Act 1892 under section 33AI(2) (inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003 (No. 12 of 2003)) of the Act of 1942.

4. References to the Minister for Public Expenditure and Reform contained in any Act or instrument made 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 Finance.

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Editorial Notes:

E5

Power pursuant to section exercised (28.09.2018) by Superannuation (Designation of Approved Organisations) Regulations 2018 (S.I. No. 394 of 2018).

E6

Power pursuant to section exercised (20.10.2017) by Superannuation (Designation of Approved Organisations) Regulations 2017 (S.I. No. 460 of 2017).

E7

Power pursuant to section exercised (28.04.2015) by Superannuation (Designation of Approved Organisations) Regulations 2015 (S.I. No. 188 of 2015).

E8

Power pursuant to section exercised (17.02.2014) by Superannuation (Designation of Approved Organisations) Regulations 2014 (S.I. No. 89 of 2014).

E9

Power pursuant to section exercised (9.12.2013) by Superannuation (Designation of Approved Organisations) Regulations 2013 (S.I. No. 498 of 2013).

E10

Power pursuant to section exercised (4.10.2012) by Superannuation (Designation of Approved Organisations) (No. 2) Regulations 2012 (S.I. No. 388 of 2012).

E11

Power pursuant to section exercised (26.07.2012) by Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2012 (S.I. No. 291 of 2012).

E12

Power pursuant to section exercised (22.05.2012) by Superannuation (Designation of Approved Organisations) Regulations 2012 (S.I. No. 160 of 2012).