Electoral (Amendment) Act 2004

Expenses.

25

25. —(1) The expenses of the Commission, including the reasonable travelling and other expenses of the members of the Commission and expenses arising from the provision of services to the Commission pursuant to section 24 shall, subject to such conditions as the F2[Minister for Public Expenditure and Reform] may determine, be charged on and paid out of the Central Fund or the growing produce thereof F3[by the Minister for Finance with the approval of the Minister for Public Expenditure and Reform].

(2) Notwithstanding the provisions of any other enactment, subsection (1) shall apply and have effect in relation to all expenses incurred by the Commission prior to the passing of this Act and such expenses shall be recouped from the Central Fund in accordance with such arrangements as may be determined by the F4[Minister for Public Expenditure and Reform].

(3) Section 5(3) of the Houses of the Oireachtas Commission Act 2003 shall not apply to any monies recouped pursuant to this section.

(4) The Commission shall keep all proper and usual accounts of all moneys received or expended by it in the performance of its functions under this Part and shall comply with any direction of the Minister for Finance as to the form and manner and period in respect of which such accounts are to be kept.

(5) Accounts kept in pursuance of subsection (4) shall be submitted by the Minister for Finance to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts and a copy of the report of the Comptroller and Auditor General on the accounts shall be laid by that Minister before each House of the Oireachtas.

Annotations

Amendments:

F2

Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 94(a)(i), S.I. No. 401 of 2011.

F3

Inserted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 94(a)(ii), S.I. No. 401 of 2011.

F4

Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 94(b), S.I. No. 401 of 2011.

Modifications (not altering text):

C1

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.

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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. 15 of 2004

Electoral (Amendment) Act 2004

Section 25(4) and (5)

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