Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 7th October, 2011.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by section 38 (13) of the Social Welfare and Pensions Act 2010 (No. 37 of 2010), hereby order as follows:

1. This Order may be cited as the Social Welfare and Pensions Act 2010 (Section 38) (Appointment Day) Order 2011.

2. The 1st day of October 2011 is appointed as the transfer day for the purposes of section 38 of the Social Welfare and Pensions Act 2010 (No. 37 of 2010) in so far as it relates to-

(a) the employees of the Executive, designated, in accordance with section 38(1) of that Act, in the designation in writing of the 29 day of September 2011, and

(b) the fixed-term employees of the Executive designated, in accordance with section 38(3) of that Act, in the designation in writing of the 29 day of September 2011.

GIVEN under my Official Seal,

29 September 2011.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

Part 4 of the Social Welfare and Pensions Act 2010 enables the transfer of the Community Welfare Service of the Health Service Executive (HSE) to the Department of Social Protection, i.e. relevant staff, premises, property etc. Section 38 of that Act provides for the transfer of such employees as have been designated in writing by the Minister for Social Protection, with the consent of the Minister for Health and the HSE.

This Order provides for the transfer to the Department of Social Protection of the HSE employees that have been designated by the Minister for Social Protection under sections 38 (1) and 38 (3) of the Social Welfare and Pensions Act 2010 , with effect from 1st October 2011.