Ministers and Secretaries (Amendment) Act 2011
Number 10 of 2011
MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011
REVISED
Updated to 18 December 2023
This Revised Act is an administrative consolidation of the Ministers and Secretaries (Amendment) Act 2011. 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 (No. 2) Act 2023 (39/2023), enacted 18 December 2023, and all statutory instruments up to and including the Broadcasting Act 2009 (Section 21) Levy Order 2023 (S.I. No. 657 of 2023), made 18 December 2023, 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 10 of 2011
MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011
REVISED
Updated to 18 December 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, commencement, collective citation and construction.
5. Disapplication of section 7 of Official Languages Act 2003.
Department of Public Expenditure and Reform
7. Department of Public Expenditure and Reform.
8. Transfer of certain expenditure functions to Minister.
9. Transfer of certain other functions to Minister.
10. Functions in relation to further modernisation and development of public service.
11. Transfer of administration and business of Department of Finance.
12. Pending legal proceedings.
13. Completion of certain matters commenced before appointed day.
14. Operation of certain instruments made before appointed day.
15. Construction of references.
16. Transfer of property, etc. to Minister.
16A. Control of terms and conditions of public servants.
Performance of Certain Functions
17. Estimates of expenditure in respect of supply services.
17A. Ministerial expenditure ceilings: provision of information to Minister.
18. Functions in respect of Central Fund.
19. Functions performable by Minister for Finance or Minister.
20. Performance of certain functions transferred to Minister by section 9.
21. Performance of certain functions by Minister for Finance.
22. Purported performance of certain functions by Minister.
23. Purported performance of certain functions by Minister for Finance.
24. Dispute in relation to performance of functions.
Amendment of Certain Enactments
25. Amendment of section 26 of Intoxicating Liquor (General) Act 1924.
26. Amendment of Shannon Electricity Act 1925.
27. Amendment of section 12 of Electricity (Supply) Act 1927.
28. Amendment of section 7 of State Lands (Workhouses) Act 1930.
29. Amendment of section 4 of Electricity (Supply) (Amendment) Act 1930.
30. Amendment of section 3 of Electricity (Supply) (Amendment) Act 1931.
31. Amendment of section 12 of Electricity (Supply) (Amendment) (No. 2) Act 1934.
32. Amendment of section 13 of Shannon Fisheries Act 1935.
33. Amendment of Local Loans Fund Act 1935.
34. Amendment of section 15 of Seanad Electoral (University Members) Act 1937.
35. Amendment of section 3 of Local Loans Fund (Amendment) Act 1937.
36. Amendment of section 15 of Industrial Alcohol Act 1938.
37. Amendment of section 5 of Hospitals Act 1939.
38. Amendment of District of Fergus Drainage Act 1943.
39. Amendment of Transport Act 1944.
40. Amendment of section 21 of Act of 1945.
41. Amendment of section 3 of Finance (Miscellaneous Provisions) Act 1945.
42. Amendment of Electricity (Supply) (Amendment) Act 1945.
43. Amendment of section 53 of Turf Development Act 1946.
44. Amendment of section 4 of Seanad Electoral (Panel Members) Act 1947.
45. Amendment of Sea Fisheries Act 1952.
46. Amendment of Insurance Act 1953.
47. Amendment of Electricity (Supply) (Amendment) Act 1954.
48. Amendment of section 2 of Turf Development Act 1957.
49. Amendment of section 11 of Transport Act 1958.
50. Amendment of section 10 of Shannon Free Airport Development Company Limited Act 1959.
51. Amendment of Petroleum and Other Minerals Development Act 1960.
52. Amendment of section 4 of Electricity (Supply) (Amendment) Act 1962.
53. Amendment of section 2 of Sea Fisheries (Amendment) Act 1963.
54. Amendment of National Building Agency Limited Act 1963.
55. Amendment of section 4 of Transport Act 1964.
56. Amendment of section 1 of Electricity (Supply) (Amendment) Act 1971.
58. Amendment of section 7 of Superannuation and Pensions Act 1976.
59. Amendment of section 14 of Wildlife Act 1976.
60. Amendment of National Film Studios of Ireland Limited Act 1980.
61. Amendment of First Schedule to Ombudsman Act 1980.
62. Amendment of Housing Finance Agency Act 1981.
63. Amendment of section 8 of Kilkenny Design Workshops Limited Act 1982.
65. Amendment of National Lottery Act 1986.
66. Amendment of Transport (Re-Organisation of Córas Iompair Éireann) Act 1986.
68. Amendment of section 69 of Finance Act 1988.
69. Amendment of section 6 of Public Hospitals (Amendment) Act 1990.
70. Amendment of section 14 of Dublin Institute of Technology Act 1992.
71. Amendment of section 13 of Regional Technical Colleges Act 1992.
72. Amendment of Electoral Act 1992.
73. Amendment of section 41 of Act of 1993.
74. Amendment of Presidential Elections Act 1993.
75. Amendment of Referendum Act 1994.
78. Amendment of section 33 of Dublin Docklands Development Authority Act 1997.
79. Amendment of European Parliament Elections Act 1997.
80. Amendment of First Schedule to Freedom of Information Act 1997.
81. Amendment of Hepatitis C Compensation Tribunal Act 1997.
82. Amendment of section 6A of Merchant Shipping (Commissioners of Irish Lights) Act 1997.
83. Amendment of section 44 of National Cultural Institutions Act 1997.
84. Amendment of section 38 of Universities Act 1997.
86. Amendment of section 29 of Fisheries (Amendment) Act 1999.
87. Amendment of section 37 of Electoral (Amendment) Act 2001.
88. Amendment of section 12 of Horse and Greyhound Racing Act 2001.
89. Amendment of section 106 of Local Government Act 2001.
90. Amendment of Schedule 1 to Ombudsman for Children Act 2002.
91. Amendment of Houses of the Oireachtas Commission Act 2003.
92. Amendment of First Schedule to Official Languages Act 2003.
93. Amendment of section 36 of Civil Liability and Courts Act 2004.
94. Amendment of section 25 of Electoral (Amendment) Act 2004.
95. Amendment of section 12 of Public Service Management (Recruitment and Appointments) Act 2004.
96. Amendment of section 9 of Social Welfare Consolidation Act 2005.
97. Amendment of section 13 of Health (Repayment Scheme) Act 2006.
98. Amendment of Charities Act 2009.
99. Amendment of section 22 of Social Welfare and Pensions Act 2009.
MISCELLANEOUS
100. Seconded staff of National Treasury Management Agency.
101. Independence of Revenue Commissioners.
Functions Transferred To Minister
Functions performable with consent of Minister for Finance
Functions performable after consultation with Minister for Finance
Functions of Minister for Finance Performable on Request of Minister
Acts Referred to
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1998, No. 24 |
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2003, No. 1 |
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Capital Gains Tax Acts |
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2009, No. 6 |
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1965, No. 26 |
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2004, No. 31 |
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1963, No. 33 |
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Companies Acts |
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Customs Acts |
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1954, No. 18 |
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1943, No. 13 |
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1925, No. 24 |
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1997, No. 7 |
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1992, No. 15 |
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1992, No. 23 |
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1997, No. 25 |
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2001, No. 38 |
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2004, No. 15 |
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1927, No. 27 |
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1930, No. 19 |
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1931, No. 32 |
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1934, No. 38 |
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1945, No. 12 |
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1954, No. 17 |
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1958, No. 35 |
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1962, No. 24 |
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1971, No. 18 |
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2001, No. 9 |
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2006, No. 40 |
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1997, No. 2 |
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1988, No. 12 |
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1992, No. 9 |
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1945, No. 35 |
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1999, No. 35 |
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1988, No. 26 |
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1997, No. 13 |
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1976, No. 30 |
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1946, No. 9 |
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1996, No. 11 |
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2000, No. 21 |
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2006, No. 17 |
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1997, No. 34 |
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2006, No. 22 |
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2001, No. 20 |
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1939, No. 4 |
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2003, No. 28 |
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2009, No. 44 |
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1981, No. 37 |
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1938, No. 23 |
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1980, No. 42 |
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2006, No. 25 |
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1953, No. 7 |
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1969, No. 5 |
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1983, No. 5 |
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2005, No. 23 |
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1993, No. 29 |
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1924, No. 62 |
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1982, No. 26 |
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2001, No. 37 |
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1935, No. 16 |
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1937, No. 17 |
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1940, No. 28 |
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1997, No. 37 |
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1998, No. 20 |
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1945, No. 7 |
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1941, No. 13 |
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1938, No. 38 |
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1924, No. 16 |
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1939, No. 36 |
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1977, No. 27 |
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Ministers and Secretaries Acts 1924 to 2007 |
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1963, No. 32 |
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1997, No. 11 |
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1980, No. 37 |
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1986, No. 28 |
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1945, No. 31 |
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1990, No. 18 |
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2003, No. 32 |
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1980, No. 26 |
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2002, No. 22 |
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1960, No. 7 |
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1983, No. 24 |
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1993, No. 28 |
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Presidential Establishment Acts 1938 to 1991 |
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1990, No. 30 |
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Public Service Management (Recruitment and Appointments) Act 2004 |
2004, No. 33 |
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1994, No. 12 |
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1992, No. 16 |
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1952, No. 7 |
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1963, No. 21 |
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1982, No. 12 |
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1947, No. 42 |
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1937, No. 30 |
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1925, No. 26 |
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1935, No. 4 |
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1959, No. 36 |
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2009, No. 10 |
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2005, No. 26 |
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1999, No. 31 |
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2004, No. 32 |
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1954, No. 25 |
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1930, No. 9 |
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Superannuation Acts 1834 to 1963 |
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1976, No. 22 |
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Tax Acts |
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1997, No. 39 |
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1996, No. 34 |
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1944, No. 21 |
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1958, No. 19 |
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1964, No. 30 |
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1981, No. 23 |
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Transport (Re-Organisation of Córas Iompair Éireann) Act 1986 |
1986, No. 31 |
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1946, No. 10 |
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1957, No. 10 |
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1981, No. 20 |
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1998, No. 26 |
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1997, No. 24 |
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2010, No. 31 |
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1930, No. 29 |
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1976, No. 39 |
Number 10 of 2011
MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011
REVISED
Updated to 18 December 2023
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A DEPARTMENT OF STATE TO BE KNOWN, IN THE IRISH LANGUAGE, AS AN ROINN CAITEACHAIS PHOIBLÍ AGUS ATHCHÓIRITHE OR, IN THE ENGLISH LANGUAGE, AS THE DEPARTMENT OF PUBLIC EXPENDITURE AND REFORM; TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS OF THE MINISTER FOR FINANCE TO THE MINISTER OF THE GOVERNMENT HAVING CHARGE OF THAT DEPARTMENT; TO CONFER FUNCTIONS ON THE SAID MINISTER OF THE GOVERNMENT IN RELATION TO THE MODERNISATION AND DEVELOPMENT OF THE PUBLIC SERVICE; TO DEEM MEMBERS OF STAFF OF THE NATIONAL TREASURY MANAGEMENT AGENCY ASSIGNED TO PERFORM FUNCTIONS IN THE DEPARTMENT OF FINANCE TO BE OFFICERS OF THE MINISTER FOR FINANCE FOR CERTAIN PURPOSES; TO PROVIDE THAT THE REVENUE COMMISSIONERS SHALL BE INDEPENDENT IN THE PERFORMANCE OF CERTAIN OF THEIR FUNCTIONS; FOR THOSE AND OTHER PURPOSES TO AMEND CERTAIN ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[4th July, 2011]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Editorial Notes:
E1
Power pursuant to Act exercised (1.01.2013) by Oireachtas (Allowances and Facilities) (Amendment) Regulations 2013 (S.I. No. 149 of 2013), in effect as per reg. 1(2).