Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th November, 2018.

The Government, on the request of the Minister for Culture, Heritage and the Gaeltacht (as adapted by the Arts, Heritage, Regional, Rural and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 350 of 2017 )), and in exercise of the powers conferred on them by section 2 (1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 (No. 28 of 1977), hereby order as follows:

1. This Order may be cited as the Culture, Heritage and the Gaeltacht (Delegation of Ministerial Functions) Order 2018.

2. The powers and duties of the Minister for Culture, Heritage and the Gaeltacht conferred on her—

(a) by or under the Acts of the Oireachtas or statutes which were in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution specified in Part 1 of the Schedule,

(b) by or under the provisions of the Acts of the Oireachtas specified in Part 2 of the Schedule, and

(c) under the provisions of the Regulations specified in Part 3 of the Schedule,

are delegated to Seán Kyne, Minister of State at the Department of Culture, Heritage and the Gaeltacht.

SCHEDULE

Part 1

Housing (Gaeltacht) Acts 1929 to 2001

Ministers and Secretaries (Amendment) Act 1956 (No. 21 of 1956)

Údarás na Gaeltachta Acts 1979 to 2010

Official Languages Act 2003 (No. 32 of 2003)

Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Acts 2003 and 2007

Gaeltacht Act 2012 (No. 34 of 2012)

Part 2

Section 5 (in so far as it relates to the functions referred to in that section transferred by the Irish Language, Gaeltacht and the Islands (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 164 of 2011 )) of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act 1998 (No. 7 of 1998)

Cuid VI and Part VIII (in so far as it relates to Cuid VI) of the British-Irish Agreement Act 1999 (No. 1 of 1999)

Section 2 (in so far as it relates to the functions referred to in paragraph (e), paragraph (f) (in so far as that paragraph relates to paragraph (e)) and paragraph (g) of subsection (1) of that section) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007)

Section 33 (3)(c) of the Planning and Development Act 2000 (No. 30 of 2000)

Part 3

Articles 28(1)(o), 82(3)(o), 121(1)(o), 179(2)(p) and 295(1)(q)(i) of the Planning and Development Regulations 2001 to 2018

GIVEN under the Official Seal of the Government,

23 October 2018.

LEO VARADKAR,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Ministers and Secretaries (Amendment) (No. 2) Act, 1977 , provides, inter alia, for the delegation of powers and duties from Ministers to Ministers of State by way of a Government Order. Such Orders are normally made where a Minister of State is expected to carry out statutory functions on behalf of a Minister. It should be noted that every power or duty delegated continues to be vested in the Minister of the Government concurrently with the Minister of State and may be exercised or performed by either. This Order provides for the delegation of functions relating to the Irish Language, Gaeltacht and Islands by the Minister for Culture, Heritage and the Gaeltacht to Minister of State with responsibility for Gaeilge, Gaeltacht and the Islands.