The Departments (Northern Ireland) Order 1982

N.I.

Statutory Instruments

1982 No. 338 (N.I. 6)

The Departments (Northern Ireland) Order 1982

10th March 1982

Title and commencementN.I.

1.  This Order may be cited as the Departments (Northern Ireland) Order 1982 and shall come into operation on 1st April 1982.

InterpretationN.I.

2.  (1)  The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“Department” includes the head of a Department;

“statutory provision” has the meaning assigned to it by section 1 (f) of the Interpretation Act (Northern Ireland) 1954;

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

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

(3) Any reference in Schedule 1 to an enactment includes—

(a)a reference to any enactment in force on the transfer date amending or extending that enactment; and

(b)a reference to so much of any statutory provision in force on the transfer date as confers functions on the Department of Finance for the purposes of that encactment.

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Art. 3 rep. by 1999 NI 1

Dissolution of Department of the Civil ServiceN.I.

4.  (1)  The functions which, immediately before the transfer date, are exercisable by the Department of the Civil Service are hereby transferred to the Department of Finance and Personnel.

Para.(2) rep. by 1999 NI 1

Transfer of certain functions of Department of FinanceN.I.

5.  The functions which, immediately before the transfer date, are exercisable by the Department of Finance—

(a)under or for the purposes if the enactments set out in Part I of Schedule 1 are hereby transferred to the Department of Agriculture;

(b)under or for the purposes of the enactments set out in Part II of Schedule 1 are hereby transferred to the Department of the Environment;

(c)under or for the purposes of the enactments set out in Part III of Schedule 1 are hereby transferred to the Department of Health and Social Services.

Art.6 rep. by 1999 NI 1

References in enactments, etc.N.I.

7.  (1)  In the construction and for the purposes of any statutory provision, judgment, decree, order, award, deed, contract, regulation, byelaw, certificate or other document passed or made before the transfer date, and reference to, or which is to be construed as a reference to, the transferor shall, so far only as may be necessary for the purposes of this Order, be construed as a reference to the transferee.

(2) The transfer of functions by this Order shall not affect any order, regulation, rule, appointment, direction, instruction, approval, requirement or authorisation made or given or other thing done by the transferor before the transfer date, but any such matter shall, if in force immediately before that date, continue in force to the like extent and subject to the like provisions as if it had been duly made, given or done by the transferee.

(3) Anything commenced before the transfer date by or under the authority of the transferor may, so far as it relates to any function transferred by this Order, be carried on or completed by or under the authority of the transferee.

(4) Where, at the transfer date, any legal proceeding is pending to which the transferor is a party and the proceeding relates to any of the functions transferred by this Order, the transferee shall be substituted in the proceeding for the transferor, and the proceeding shall not abate by reason of the substitution.

Transfer of assets and liabilitiesN.I.

8.  (1)  All property, rights and liabilities held, enjoyed or incurred immediately before the transfer date by a transferor in connection with the functions transferred to the transferee by this Order are hereby transferred to the transferee and accordingly, by virtue of this Order and without any further conveyance, transfer or assignment—

(a)that property, real or personal, shall vest in the transferee;

(b)those rights shall be enjoyed by the transferee;

(c)those liabilities shall become liabilities of the transferee.

(2) A certificate by the Department of Finance and Personnel, that any property specified in the certificate, or any such interest in or right over any such property as may be specified, or any right or liability so specified, is by virtue of paragraph (1) for the time being vested in a Northern Ireland Department so specified, shall be conclusive evidence for all purposes of that fact.

Exercise of certain functions subject to approval of Department of Finance and PersonnelN.I.

9.  The functions of a department under the enactments set out in Schedule 2 shall be exercised subject to the approval of the Department of Finance and Personnel.

Article 10 —Amendments and repeals

SCHEDULES

Article 5.

SCHEDULE 1N.I.ENACTMENTS RELATING TO FUNCTIONS TRANSFERRED FROM DEPARTMENT OF FINANCE

PART IN.I.ENACTMENTS RELATING TO FUNCTIONS TRANSFERRED TO DEPARTMENT OF AGRICULTURE

Tithe Rentcharge (Ireland) Act 1838 (c. 109).

Landed Property Improvement (Ireland) Act 1847 (c. 32).

Landed Property Improvement (Ireland) Act 1849 (c, 59).

Irish Church Act 1869 (c. 42).

Landlord and Tenant (Ireland) Act 1872 (C. 32).

Irish Church Act (1869) Amendment Act 1872 (c. 90).

Land Law (Ireland) Act 1881 (c. 49).

Purchase of Land (Ireland) Act 1885 (c. 73).

Land Law (Ireland) Act 1887 (c. 33).

Public Works Loans Act 1888 (c. 39).

Public Works Loans Act 1889 (c. 71).

Purchase of Land (Ireland) Act 1891 (c. 48).

Public Works Loans Act 1892 (c. 61).

Land Law (Ireland) Act 1896 (c. 47).

Tithe Rentcharge (Ireland) Act 1900 (c. 58).

Irish Land Act 1903 (c. 37).

Irish Land Act 1909 (c. 42).

Northern Ireland Land Act 1925 (c. 34).

Northern Ireland Land Act 1929 (c. 14).

Tithe Rentcharge and Variable Rents Act (Northern Ireland) 1930 (c. 22).

Land Law (Miscellaneous Provisions) Act (Northern Ireland) 1932 (c. 16).

Local Government Act (Northern Ireland) 1934 (c. 22), paragraph 10 (2) of Schedule 2.

Northern Ireland Land Purchase (Winding Up) Act 1935 (c. 21).

Roads Act (Northern Ireland) 1948 (c. 28), paragraphs 7 and 9 (2) and (3) of Schedule 5.

Administrative and Financial Provisions Act (Northern Ireland) 1956 (c. 17), section 1.

Local Government Act (Northern Ireland) 1972 (c. 9), paragraphs 8 and 11 (3) of Schedule 6.

PART IIN.I.ENACTMENTS RELATING TO FUNCTIONS TRANSFERRED TO DEPARTMENT OF THE ENVIRONMENT

Boundary Survey (Ireland) Act 1854 (c. 17), except section 15.

Public Works (Ireland) Act 1869 (c. 74).

Survey Act 1870 (c. 18).

Public Records (Ireland) Act 1867 Amendment Act 1875 (c. 59).

Parochial Records Act 1876 (c. 58).

Settled Land Act 1882 (c. 38).

Irish Land (Provision for Sailors and Soldiers) Act 1919 (c. 82).

Land Trust (Powers) Act (Northern Ireland) 1923 (c. 19).

Public Records Act (Northern Ireland) 1923 (c. 20).

Stormont Regulation and Government Property Act (Northern Ireland) 1933 (c. 6).

Administrative Provisions Act (Northern Ireland) 1933 (c. 25), section 1.

Enactment rep. by 1995 NI 7

Enactment rep. by 1996 NI 5

Land Registration Act (Northern Ireland) 1970 (c. 18).

Registration of Deeds Act (Northern Ireland) 1970 (c. 25).

Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7), except section 25 (2) and (3).

Drainage (Northern Ireland) Order 1973 (S.I. 1973/69 (N.I. 1)), paragraph 1 (c) of Schedule 1.

Land Acquisition and Compensation (Northern Ireland) Order 1973 (S.I. 1973/1896 (N.I. 21)), Part VII.

Rates (Northern Ireland) Order 1977 (S.I. 1977/2157(N.I. 28)), except—

(a)Articles 2 (7), 6 to 8, 27 (4), 34 to 37, 39 to 41, 45 (1) and (7), 47, 51 to 53, 55, 56, 58, and 59; and

(b)Schedule 12 and paragraphs 7 and 8 of Part II of Schedule 16.

Rates Amendment (Northern Ireland) Order 1979 (S.I. 1979/297 (N.I. 4)).

Building Regulations (Northern Ireland) Order 1979 (S.I. 1979/1709 (N.I. 16)).

PART IIIN.I.ENACTMENTS RELATING TO FUNCTIONS TRANSFERRED TO DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Street Trading (Regulation) Act (Northern Ireland) 1929 (c. 9).

Enactment rep. by 1997 NI 20

Dog Races (Restriction) Act (Northern Ireland) 1946 (c. 22).

House to House Charitable Collections Act (Northern Ireland) 1952 (c. 6).

Marriages Act (Northern Ireland) 1954 (c. 21).

Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955 (c. 29).

Births, Deaths and Marriages Registration Act (Northern Ireland) 1956 (c. 5).

Auctions (Local Control) Act (Northern Ireland) 1957 (c. 4).

Betting and Lotteries Act (Northern Ireland) 1957 (c. 19).

Registration of Clubs Act (Northern Ireland) 1967 (c. 27).

Financial Provisions Act (Northern Ireland) 1968 (c. 25), so much of Schedule 1 as relates to the Pedlars Act 1871 (c. 96) and the Street Trading (Regulation) Act (Northern Ireland) 1929.

Census Act (Northern Ireland) 1969 (c. 8), except section 2 (3).

Friendly Societies Act (Northern Ireland) 1970 (c. 31), paragraph 5 (1) of Schedule 5.

Enactment rep. by 1990 NI 6

Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (c. 11).

Births, Deaths and Marriages Registration (Northern Ireland) Order 1973 (S.I. 1973/600 (N.I. 8)), Article 7.

Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14)).

Horse Racing and Betting (Northern Ireland) Order 1976 (S.I. 1976/1157 (N.I. 17)), Articles 12 and 13.

Article 9.

SCHEDULE 2N.I.ENACTMENTS CONFERRING FUNCTIONS ON DEPARTMENTS WHICH ARE TO BE EXCERCISABLE WITH THE APPROVAL OF THE DEPARTMENT OF FINANCE AND PERSONNEL

Public Records Act (Northern Ireland) 1923 (c. 20), section 2 (3) and (5).

Land Registration Act (Northern Ireland) 1970 (c. 18) sections 84 (1) and 93 (1) and paragraphs 4 and 5 of Schedule 1.

Registration of Deeds Act (Northern Ireland) 1970 (c. 25) section 7 (2).

Enactment rep. by SR 1993/494

N.I.

Schedule 3—Amendments

N.I.

Schedue 4—Repeals