S.I. No. 596 of 2008

YOUTH WORK (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th January, 2009.

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

1. (1) This Order may be cited as the Youth Work (Transfer of Departmental Administration and Ministerial Functions) Order 2008.

(2) This Order comes into operation on 31 December 2008.

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 are transferred to the Department of Health and Children.

(2) References to the Department of Education and Science contained in any Act or instrument made thereunder and relating to any administration and business transferred by this Article shall, from the commencement of this Order, be construed as references to the Department of Health and Children.

4. (1) The functions vested in the Minister for Education and Science by or under the Youth Work Act 2001 (No. 42 of 2001) are transferred to the Minister for Health and Children.

(2) References to the Minister for Education and Science contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Health and Children.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Education and Science is a party and the proceedings have reference to functions transferred by this Order to the Minister for Health and Children, the name of the Minister for Health and Children shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for Education and Science or added in the proceedings, as may be appropriate, 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 and Science may, in so far as it relates to functions transferred by this Order to the Minister for Health and Children, be carried on or completed on or after such commencement by the Minister for Health and Children.

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 had been granted or made by the Minister for Health and Children.

8. References to the Minister for Education and Science contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Health and Children.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Education and Science, in connection with the functions transferred by this Order are transferred to the Minister for Health and Children and, accordingly, without any further conveyance, transfer or assignment-

(a) that property, real and personal, shall, from such commencement, vest in the Minister for Health and Children,

(b) those rights shall, from such commencement, be enjoyed by the Minister for Health and Children, and

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

(2) All moneys, stocks, shares and securities transferred to the Minister for Health and Children by this Article which, on the commencement of this Order, are standing in the name of the Minister for Education and Science shall, on the request of the Minister for Health and Children, be transferred into the name of the Minister for Health and Children.

GIVEN under the Official Seal of the Government,

2 December 2008

BRIAN COWEN.

Taoiseach.