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The Departments (Northern Ireland) Order 1999

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This is the original version (as it was originally made).

Power to transfer or assign functions

8.—(1) The First Minister and deputy First Minister acting jointly may by order—

(a)assign to any department; or

(b)transfer to any department from any other department,

such functions as appear to them to be appropriate for such assignment or transfer.

(2) An order under this Article may make provision—

(a)for the amendment or repeal of any statutory provision;

(b)for the transfer of any assets and liabilities enjoyed or incurred by any department in connection with any functions transferred; (c)for the carrying on and completion by or on behalf of a department of anything commenced by or on behalf of any other department before a transfer of functions takes place;

(d)for changing the name by which a department is to be known;

(e)for the substitution of the name of a department for the name of any other department in any document or legal proceedings issued or commenced before the date on which the transfer of functions or change of name takes place;

(f)for such other incidental, consequential, transitional or supplementary matters as are necessary or expedient for giving full effect to the order.

(3) A certificate issued by a department that any assets or liabilities have been transferred to it by an order under this Article shall be conclusive evidence of that fact.

(4) An order under this Article shall be subject to affirmative resolution.

(5) Nothing in this Order shall affect the continued operation of any Order in Council or order made under section 4 of the [1944 c. 14 (N.I.).] Ministries Act (Northern Ireland) 1944 which has effect immediately before the coming into operation of this Article.

(6) In this Article references to a department include references to the Minister of the department.

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