Grangegorman Development Agency Act 2005

Dissolution of Agency.

41

41.—(1) The Minister may by order (in this section referred to as a “dissolution order”) provide for the dissolution of the Agency.

(2) A dissolution order shall contain such provisions as the Minister considers necessary or expedient consequent on the dissolution effected by the order and, in particular, may make provision for—

( a) the transfer or distribution of the property, rights and liabilities of the Agency to one or more than one statutory body: provided no transfer or distribution of the property, rights or liabilities shall take place without the consent of the person to whom property, rights or liabilities are transferred or distributed,

( b) the substitution for the name of the Agency of the name of any appropriate person in any legal proceedings which are pending at the date of the said dissolution order and to which the Agency is a party and the proceedings shall not abate by reason of the substitution: provided that no substitution of name shall take place without the consent of the person whose name is substituted, and

( c) the transfer, notwithstanding any restriction contained in any other Act but subject to subsection (3), of any employee of the Agency to an employment under a statutory body, being an employment similar to that in which the employee was engaged under the Agency: provided that no such transfer shall take place without the consent of the said employee or the consent of the said statutory body.

(3) A dissolution order shall not contain a provision transferring an employee to an employment under a Department of State except with the consent of the Minister for Finance.

(4) A dissolution order shall not be construed as affecting any obligation imposed on a local authority by section 7(4) of the Urban Renewal Act 1986.

Annotations

Modifications (not altering text):

C12

Functions transferred and references to“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. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

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.

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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.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 21 of 2005

Grangegorman Development Agency Act 2005

Sections 10, 11(2)(a), 13, 14, 20(6), 28(1) and (4)(b), 32(5) and 41(3)

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