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Departments (Transfer of Functions) Order (Northern Ireland) 2011 in England

S.R. 2011/44 · Made 21 February 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Northern Ireland Departments

Made 21st February 2011

Affirmed by resolution of the Assembly 14th March 2011

Coming into operation in accordance with Article 1(2)

The First Minister and deputy First Minister acting jointly, in exercise of the powers conferred by Article 8 of the Departments (Northern Ireland) Order 1999f1, make the following Order—

Annotations to the whole text

Footnotes

f1

S.I 1999/283 (N.I 1)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfer of certain functions of the Department of Education
  4. 4Transfer of certain functions of the Department of Enterprise, Trade and Investment
  5. 5Transfer of certain functions of the Department of Finance and Personnel
  6. 6Transfer of certain functions of the Department of Health, Social Services and Public Safety
  7. 7Transfer of certain functions of the Department for Regional Development
  8. 8References in statutory provisions, etc.
  9. 9Transfer of assets and liabilities
  10. Signature
  11. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Departments (Transfer of Functions) Order (Northern Ireland) 2011.

(2)

This Order comes into operation on 1st April 2011 or the day after that on which it is affirmed by resolution of the Assembly, whichever is later.

2Interpretation

In this Order—

  • “instrument” includes any judgment, decree, order, award, deed, contract, regulation, byelaw, certificate or other document;

  • “the transfer date” means the date on which this Order comes into operation;

  • “transferor” and “transferee”, in relation to any functions transferred by this Order, mean respectively the department from which and the department to which the functions are transferred.

3Transfer of certain functions of the Department of Education

The functions which immediately before the transfer date are exercisable by the Department of Education under or for the purposes of Article 22(2)(c), 22(3)(b), 22(6) and 23 of the Education (Northern Ireland) Order 1996f1 are hereby transferred as from that date to the Department of Justice.

4Transfer of certain functions of the Department of Enterprise, Trade and Investment

The functions which immediately before the transfer date are exercisable by the Department of Enterprise, Trade and Investment under or for the purposes of Article 10 of the Deregulation and Contracting Out (Northern Ireland) Order 1996f1 are hereby transferred as from that date to the Department of Justice.

5Transfer of certain functions of the Department of Finance and Personnel

The functions which immediately before the transfer date are exercisable by the Department of Finance and Personnel under or for the purposes of sections 1(2), 2(1)(c), 2(5), 3(2), 3(3), 3(5), 4, 5, 7(1), 7(2), 9(1), 9(5) and 12(4) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964f1 are hereby transferred as from that date to the Department of Justice.

6Transfer of certain functions of the Department of Health, Social Services and Public Safety

The functions which immediately before the transfer date are exercisable by the Department of Health, Social Services and Public Safety under or for the purposes of—

(a)

paragraphs 8, 11, 15(c) to (h), 17 and 19 of Schedule 11 to the Health and Personal Social Services (Northern Ireland) Order 1972f1;

(b)

Article 70(2) of the Mental Health (Northern Ireland) Order 1986f2; and

(c)

Article 44(2), 44(3) and 44(4) and paragraphs 1(2)(b), 2(3), 2(4), 3(4), 3(5), 4, 5 and 6 of Schedule 2 to the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003f3;

are hereby transferred as from that date to the Department of Justice.

7Transfer of certain functions of the Department for Regional Development

The functions which immediately before the transfer date are exercisable by the Department for Regional Development under or for the purposes of Article 31(2) of the Traffic Management (Northern Ireland) Order 2005f1 are hereby transferred as from that date to the Department of Justice.

8References in statutory provisions, etc.

(1)

In the construction and for the purposes of any statutory provision or instrument passed, made or issued before the transfer date, any reference to, or which is to be construed as a reference to, the transferor shall, so far as may be necessary for the purpose of the transfer of functions by this Order, be construed as, or as including, a reference to the transferee.

(2)

The transfer of functions by this Order shall not affect the validity of any instrument made or issued or any other act done by, or in relation to, the transferor before the transfer day; and any such instrument or act shall, if in force immediately before that date, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the transferee.

(3)

Anything (including any legal proceedings) in the process of being done by or in relation to the transferor immediately before the transfer date may, so far as it relates to any function transferred by this Order, be continued by or in relation to the transferee.

9Transfer of assets and liabilities

All property, rights and liabilities to which the transferor is entitled or subject immediately before the transfer date in connection with the functions transferred by this Order shall on that date be transferred to, and by virtue of this Order vest in, the transferee.

Signature

Dated this 21st day of February 2011

Peter D Robinson

First Minister

Martin McGuinness

Deputy First Minister

Explanatory note

(This note is not part of the Order)

This Order transfers certain functions of Northern Ireland departments in relation to tribunals to the Department of Justice. The tribunals to which this Order relates and the departments from whom certain functions are transferred are listed below.

  • The Special Educational Needs and Disability Tribunal for Northern Ireland from the Department of Education;

  • The Tribunal established under or for the purpose of Article 10 of the Deregulation and Contracting Out (Northern Ireland) Order 1996 from the Department of Enterprise, Trade and Investment;

  • The Mental Health Review Tribunal for Northern Ireland, the Care Tribunal and the Tribunal established under Schedule 11 to the Health and Personal Social Services (Northern Ireland) Order 1972 from the Department for Health, Social Services and Public Safety;

  • The Lands Tribunal for Northern Ireland from the Department of Finance and Personnel; and

  • The Tribunal established under the Traffic Management (Northern Ireland) Order 2005 from the Department for Regional Development.