Safety, Health and Welfare at Work Act 2005

Continuance in being of Authority.

32

32.—(1) Notwithstanding the repeal of the Act of 1989 by section 4

(a) the National Authority for Occupational Safety and Health shall continue in being and shall from the commencement of this Act be known as the Health and Safety Authority (and in this Act referred to as the “Authority”), and

(b) anything commenced but not completed before the commencement of that section by the Authority may be carried on and completed by it after such commencement as if that Act had not been repealed.

(2) Where, immediately before the commencement of section 4, any legal proceedings are pending to which the National Authority for Occupational Safety and Health is a party, the name of the Authority shall be substituted in the proceedings for that of the National Authority for Occupational Safety and Health and the proceedings shall not abate by reason of such substitution.

(3) The Authority shall be a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(4) Schedule 5 applies to the Authority.

Annotations

Modifications (not altering text):

C6

Functions in relation to section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

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.

...

Schedule 1 Enactments

...

No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

...