Social Welfare (Miscellaneous Provisions) Act 2010

32.
(I)
(II)

Functions of Minister.

32.— (1) The Minister may—

( a) with the consent of the Minister for Finance, develop and implement a scheme, including a scheme developed and implemented in conjunction with or with the co-operation of another Minister of the Government, a body established by or under statute or any other person, that facilitates and provides assistance for—

(i) the provision of income support,

(ii) generating or maintaining employment and without prejudice to the generality of the foregoing such assistance includes—

(I) assistance for the purposes of supporting, managing, administering, planning and supervising such employment, and

(II) financial assistance as may be determined from time to time having regard to the purpose and requirements of the scheme concerned,

and

(iii) any service that provides employment or opportunities for creating employment either generally or in relation to communities or areas and includes any such service the purpose of which is to benefit communities or areas,

( b) maintain a scheme referred to in paragraph (a) ,

( c) expand, with the consent of the Minister for Finance, a scheme referred to in paragraph (a) , and

( d) without prejudice to the generality of the foregoing, maintain—

(i) the scheme commonly known as the rural social scheme, and

(ii) the programme commonly known as the community services programme,

and may maintain such scheme or programme in conjunction with or with the co-operation of any other Minister of the Government, a body established by or understatute or any other person, and may, with the consent of the Minister for Finance, expand such scheme or programme.

(2) The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001 by virtue only of the provision of funding to a person or persons under a scheme provided under this Part or the scheme referred to in subsection (1)(d)(i) or the programme referred to in subsection (1)(d)(ii).

(3) A scheme developed, implemented, maintained or expanded by the Minister under this Part—

( a) may be operated, managed, delivered or sponsored by any other person, and may be so operated, managed, delivered or sponsored directly or indirectly, and

( b) may be operated, managed, delivered or sponsored by any other person in whole or in part.

(4) Nothing in this Part shall be construed as—

( a) preventing the Minister from terminating a scheme,

( b) without prejudice to the generality of paragraph (a), preventing the Minister from terminating the schemereferred to in subsection (1)(d)(i) or the programmereferred to in subsection (1)(d)(ii), or

( c) affecting any function of another Minister of the Government or a body established by or under statute.

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of” and “Minister for Employment Affairs and Social Protection” construed (1.01.2018) by Community Services Programme (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 578 of 2017), arts. 2, 3(1)(a)(i), (ii), (2), 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 Rural and Community Development.

(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Rural and Community Development.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection—

(a) by or under—

(i) section 32 (1)(d)(ii) of the Social Welfare (Miscellaneous Provisions) Act 2010 (No. 28 of 2010),

(ii) section 32 of the Social Welfare (Miscellaneous Provisions) Act 2010 , in so far as it relates to the functions transferred by clause (i),

... and

(b) in relation to the administration of the scheme commonly known as the community services programme,

are transferred to the Minister for Rural and Community Development.

(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Rural and Community Development.

C2

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.

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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. 28 of 2010

Social Welfare (Miscellaneous Provisions) Act 2010

Sections 28 and 32

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