Ministers and Secretaries (Amendment) Act 2011
Number 10 of 2011
MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011
REVISED
Updated to 2 August 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 Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023 (Commencement) Order 2023 (S.I. No. 388 of 2023), made 28 July 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 2 August 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Ministers and Secretaries Acts 1924 to 2020: this Act is one of a group of Acts included in this collective citation, to be read together as one (Ministers and Secretaries and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 2020 (10/2020), s. 3(2)). The Acts in the group are:
• Ministers and Secretaries Act 1924 (16/1924)
• Ministers and Secretaries (Amendment) Act 1928 (6/1928)
• Ministers and Secretaries (Amendment) Act 1939 (36/1939)
• Ministers and Secretaries (Amendment) Act 1946 (38/1946)
• Ministers and Secretaries (Amendment) Act 1956 (21/1956)
• Ministers and Secretaries (Amendment) Act 1966 (18/1966)
• Ministers and Secretaries (Amendment) Act 1973 (14/1973)
• Ministers and Secretaries (Amendment) Act 1977 (27/1977)
• Ministers and Secretaries (Amendment) (No. 2) Act 1977 (28/1977)
• Ministers and Secretaries (Amendment) Act 1980 (2/1980)
• Ministers and Secretaries (Amendment) Act 1983 (40/1983)
• Ministers and Secretaries (Amendment) Act 1995 (1/1995)
• Ministers and Secretaries (Ministers of State) Act 2007 (33/2007)
• Ministers and Secretaries (Amendment) Act 2011 (10/2011)
• Ministers and Secretaries (Amendment) Act 2013 (29/2013), other than s. 3
• Ministers and Secretaries (Amendment) Act 2017 (18/2017)
• Ministers and Secretaries and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 2020 (10/2020), s. 1
Acts previously included in the group but now repealed are:
• Ministers and Secretaries (Amendment) Act 1959 (17/1959)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023 (23/2023)
• Finance Act 2022 (44/2022)
• Water Services (Amendment) Act 2022 (39/2022)
• Finance Act 2021 (45/2021)
• Finance (Local Property Tax) (Amendment) Act 2021 (31/2021)
• Public Service Pay Act 2021 (15/2021)
• Greyhound Racing Act 2019 (15/2019)
• Data Sharing and Governance Act 2019 (5/2019)
• Data Protection Act 2018 (7/2018)
• Financial Services and Pensions Ombudsman Act 2017 (22/2017)
• Financial Emergency Measures in the Public Interest Act 2015 (39/2015)
• State Airports (Shannon Group) Act 2014 (27/2014)
• National Treasury Management Agency (Amendment) Act 2014 (23/2014)
• ESB (Electronic Communications Networks) Act 2014 (5/2014)
• Ministers and Secretaries (Amendment) Act 2013 (29/2013)
• Education and Training Boards Act 2013 (11/2013)
• Transport (Córas Iompair Éireann and Subsidiary Companies Borrowings) Act 2012 (49/2012)
All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Superannuation (Designation of Approved Organisations) Regulations 2022 (S.I. No. 274 of 2022)
• Superannuation (Designation of Approved Organisations) Regulations 2020 (S.I. No. 150 of 2020)
• Superannuation (Designation of Approved Organisations) Regulations 2018 (S.I. No. 394 of 2018)
• Superannuation (Designation of Approved Organisations) Regulations 2017 (S.I. No. 460 of 2017)
• Superannuation (Designation Of Approved Organisations) Regulations 2015 (S.I. No. 188 of 2015)
• Superannuation (Designation Of Approved Organisations) Regulations 2014 (S.I. No. 89 of 2014)
• Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2013 (S.I. No. 574 of 2013)
• Superannuation (Designation of Approved Organisations) Regulations 2013 (S.I. No. 498 of 2013)
• Oireachtas (Allowances and Facilities) (Amendment) Regulations 2013 (S.I. No. 149 of 2013)
• Superannuation (Designation of Approved Organisations) (No. 2) Regulations 2012 (S.I. No. 388 of 2012)
• Local Government (Superannuation) (Consolidation) (Amendment) Scheme 2012 (S.I. No. 291 of 2012)
• Superannuation (Designation of Approved Organisations) Regulations 2012 (S.I. No. 160 of 2012)
• Remuneration of the Comptroller and Auditor General Order 2012 (S.I. No. 49 of 2012)
• Ministers and Secretaries (Amendment) Act 2011 (Appointed Day) Order 2011 (S.I. No. 401 of 2011)
All statutory instruments up to and including Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023 (Commencement) Order 2023 (S.I. No. 388 of 2023), made 28 July 2023, were considered in the preparation of this revision.
Number 10 of 2011
MINISTERS AND SECRETARIES (AMENDMENT) ACT 2011
REVISED
Updated to 2 August 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 2 August 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).