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

Number 39 of 2003

MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS (POWERS AND FUNCTIONS) ACT 2003

REVISED

Updated to 20 May 2025

This Revised Act is an administrative consolidation of the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003. 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 the Finance (Provision of Access to Cash Infrastructure) Act 2025 (4/2025), enacted 20 May 20205 and all statutory instruments up to and including the Statistics (Community Innovation Survey) Order 2025 (S.I. No. 209 of 2025), made 21 May 2025, 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 39 of 2003


MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS (POWERS AND FUNCTIONS) ACT 2003


ARRANGEMENT OF SECTIONS


Number 39 of 2003


MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS (POWERS AND FUNCTIONS) ACT 2003


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE FUNCTIONS AND POWERS OF THE MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS WITH RESPECT TO THE ISLANDS OF THE STATE AND TO PROVIDE FOR RELATED MATTERS.

[16th December, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references construed (23.09.2020) by Islands (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 379 of 2020), art. 3(1)(a), 4.

3. (1) The functions vested in the Minister for Culture, Heritage and the Gaeltacht by or under —

(a) the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007,

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are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Culture, Heritage and the Gaeltacht contained in any Act or instrument made under such 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 Rural and Community Development.

Note change of name of Minister and Department of Rural and Community Development to—

• Rural and Community Development and the Gaeltacht (2.06.2025) by Rural and Community Development (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 173 of 2025), in effect as per art. 1(2).

C2

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

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Schedule

Part 1

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Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007

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Note change of name of Minister and Department of Tourism, Culture and Sport to—

• Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011), in effect as per art. 1(2);

• Arts, Heritage, Regional, Rural and Gaeltacht Affair (7.07.2016) by Arts, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 357 of 2016), in effect as per art. 1(2);

• Culture, Heritage and the Gaeltacht (1.08.2017) by Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 350 of 2017), in effect as per art. 1(2).

C3

Application of collectively cited Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42.—...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

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SECOND SCHEDULE

Number

Year

Short Tile / Citation

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Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007

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