S.I. No. 358/1983:

EDUCATION (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1983.

EDUCATION (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1983.

The Government, in exercise of the powers conferred on it by section 6 (1) of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), hereby orders as follows:

1. (1) This Order may be cited as the Education (Transfer of Departmental Administration and Ministerial Functions) Order, 1983.

(2) This Order shall come into operation on the 1st day of January, 1984.

2. In this Order "functions" includes powers and duties.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Health.

(2) References to the Department of Education contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after commencement of this Order, be construed as, or, as may be appropriate, as including, references to the Department of Health.

4. (1) Subject to paragraph (2) of this Article, the functions relating to industrial schools certified in accordance with Part IV of the Children Act, 1908, and vested in the Minister for Education by or under the Children Acts, 1908 to 1957, other than the provision of education and industrial training for children placed in such schools, are hereby transferred to the Minister for Health.

(2) Paragraph (1) of this Article shall not be construed as transferring to the Minister for Health any function which, immediately before the commencement of this Order, was vested in the Minister for Education and performed by him in relation to a school which is specified in the Schedule to this Order.

(3) References to the Minister for Education in any Act or instrument made thereunder and relating to any functions transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as, or, as may be appropriate, as including, references to the Minister for Health.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Education is a party and the proceedings have reference to functions transferred by this Order to the Minister for Health, the name of the Minister for Health shall, in so far as the proceedings relate to such functions, be substituted in the proceedings for that of the Minister for Education and the proceedings shall not abate by reason of such substitution.

6. Anything commenced before the commencement of this Order by or under the authority of the Minister for Education, may if and in so far as it related to functions transferred by this Order to the Minister for Health, be carried on or completed on or after such commencement by the Minister for Health.

7. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and in so far as it was operative immediately before the commencement of this Order, have effect on and after such commencement as if it has been granted or made by the Minister for Health.

8. All properties, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Education in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Health and accordingly, without any further conveyance, transfer or assignment--

( a ) the said property, real or personal, shall on such commencement, vest in the Minister for Health;

( b ) the said rights shall, as and from such commencement, be enjoyed by the Minister for Health;

( c ) the said liabilities shall, as and from such commencement, be the liabilities of the Minister for Health.

GIVEN under the Official Seal of the Government this 9th

day of December, 1983.

GARRET FITZGERALD,

Taoiseach.

SCHEDULE.

1. St. Joseph's Certified Industrial School, Ferryhouse, Clonmel, County Tipperary.

2. St. Laurence's Certified Industrial School, Finglas West, Dublin 11.