Disability Act 2005
Orders and regulations.
3.—(1) The Minister may, with the consent of the Minister for Finance—
(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in Part 2 as prescribed or to be prescribed, and
(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, Part 2.
(2) Where the Minister proposes to make regulations under this section, he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.
(3) An order or regulation under this Act (other than an order under section 1) may contain such incidental, supplementary and consequential provisions as appear to the Minister of the Government concerned to be necessary or expedient for the purposes of the order or regulation.
(4) Every order (other than an order under section 1) or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(5) A Minister of the Government by whom an order under this Act is made may by order amend or revoke the order.
(6) In this section “Minister” means the Minister for Health and Children.
Annotations
Modifications (not altering text):
C4
Functions transferred and references to “Minister for Health” construed (29.11.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 595 of 2023), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions 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 Children, Equality, Disability, Integration and Youth.
(2) References to the Department of Health contained in any Act or any instrument made under an Act 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 Children, Equality, Disability, Integration and Youth.
3. (1) The functions vested in the Minister for Health by or under section 3 of the Disability Act 2005 (No. 14 of 2005) are transferred to the Minister for Children, Equality, Disability, Integration and Youth.
(2) References to the Minister for Health contained in any Act or instrument made under an Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.
...
C5
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.
...
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.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 14 of 2005 |
Disability Act 2005 |
Sections 3 and 47 |
|
... |
... |
... |
Editorial Notes:
E6
Power pursuant to section exercised (5.12.2023) by Disability (Assessment of Needs, Service Statements and Redress) (Amendment) Regulations 2023 (S.I. No. 601 of 2023).