Ministerial and Parliamentary Offices Act 1938
F23[Restriction of certain sections’ application to cases falling on or after specified days
10E.—(1) Sections 10A to 10D shall, in relation to such an allowance payable to an independent member, only apply to an allowance under section 10 that is paid to such a member on or after a day fixed by an order made by the Minister for the purposes of this subsection.
(2) Section 10C shall, in relation to such an allowance payable to a parliamentary leader of a qualifying party, only apply to an allowance under section 10 that is paid to such a leader on or after a day fixed by an order made by the Minister for the purposes of this subsection.]
Annotations
Amendments:
F23
Inserted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 3, S.I. No. 210 of 2014, art. 2(b).
Modifications (not altering text):
C9
Functions transferred and references to Minister for Public Expenditure, National Development Plan Delivery and Reform construed as Minister for Finance (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch, in effect as per art. 1(2), subject to transitional provisions in arts. 4-6, 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 Finance.
(2) References to the Department of Public Expenditure, National Development Plan Delivery and Reform contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Finance.
3. (1) The functions vested in the Minister for Public Expenditure, National Development Plan Delivery and Reform by or under the provisions of an Act specified in column (1) of the Schedule are transferred to the Minister for Finance to the extent specified in column (2) of the Schedule opposite the mention of the Act so specified.
(2) References to the Minister for Public Expenditure, National Development Plan Delivery and Reform contained in any Act or instrument made under an Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Finance.
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5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Public Expenditure, National Development Plan Delivery and Reform may, in so far as it relates to a function transferred by this Order to the Minister for Finance, be carried on or completed from such commencement by the Minister for Finance.
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SCHEDULE
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Short Title of Act and Number (1) |
Provision (2) |
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Ministerial and Parliamentary Offices Act 1938 (No. 38 of 1938) |
Subsection (10) of section 10; subsection (1) of section 10A; subsections (1), (5) (6) and (9) of section 10D; section 10E; subsections (4), (5) and (7) of section 10G; paragraph (l) of the definition of “expenses arising from parliamentary activities, including research” in subsection (1), and subsections (2) and (3) of section 10H. |
The history of the Minister concerned with the section can be traced as follows:
• Name of Minister for the Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Functions transferred and references to Minister for Public Expenditure, National Development Plan Delivery and Reform construed as Minister for Finance (1.03.2023) by Standards in Public Office (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 89 of 2023), arts. 2, 3 and sch, in effect as per art 1(2), subject to transitional provisions in arts. 4-6, 8.
Editorial Notes:
E89
Power pursuant to section exercised (1.07.2014) by Ministerial and Parliamentary Offices Act 1938 (Sections 10A, 10B, 10C and 10D) (Fixed Day) Order 2014 (S.I. No. 211 of 2014), in effect as per arts. 3, 4.