Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 No. 481

Statutory Rules of Northern Ireland

1999 No. 481

NORTHERN IRELAND DEPARTMENTS

Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999

Made

30th November 1999

Coming into operation

1st December 1999

In exercise of the powers conferred by section 4 of the Ministries Act (Northern Ireland) 1944(1) and now vested in me(2) and all other powers enabling me in that behalf, I hereby make the following Order—

Citation and commencement

1.—(1) This Order may be cited as the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999.

(2) This Order shall come into operation on 1st December 1999.

Interpretation

2.—(1) In this Order—

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

• “the transfer date” means 1st December 1999;

• “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.

(2) In this Order “department” includes—

(a) in the case of a transferor, the head of the department; and

(b) in the case of a transferee, the Minister of the department;

and functions of the head of a department transferred by this Order are transferred to the Minister of a department.

Transfer of certain functions of Department of Agriculture

3.  The functions which immediately before the transfer date are exercisable by the Department of Agriculture under or for the purposes of the enactments set out in Schedule 1 are hereby transferred as from that date to the Department of Culture, Arts and Leisure.

Transfer of certain functions of Department of Economic Development

4.  The functions which immediately before the transfer date are exercisable by the Department of Economic Development—

(a) under or for the purposes of the enactments set out in Part I of Schedule 2 are hereby transferred as from that date to the Office of the First Minister and deputy First Minister;

(b) under or for the purposes of the enactments set out in Part II of Schedule 2 are hereby transferred as from that date to the Department of Higher and Further Education, Training and Employment;

(c) under or for the purposes of the enactments set out in Part III of Schedule 2 are hereby transferred as from that date to the Department for Regional Development.

Transfer of certain functions of Department of Education

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

(a) under or for the purposes of the enactments set out in Part I of Schedule 3 are hereby transferred as from that date to the Department of Culture, Arts and Leisure;

(b) under or for the purposes of the enactments set out in Part II of Schedule 3 are hereby transferred as from that date to the Department of Higher and Further Education, Training and Employment.

Transfer of certain functions of Department of the Environment

6.  The functions which immediately before the transfer date are exercisable by the Department of the Environment—

(a) under or for the purposes of the enactments set out in Part I of Schedule 4 are hereby transferred as from that date to the Department of Culture, Arts and Leisure;

(b) under or for the purposes of the enactments set out in Part II of Schedule 4 are hereby transferred as from that date to the Department of Finance and Personnel;

(c) under or for the purposes of the enactments set out in Part III of Schedule 4 are hereby transferred as from that date to the Department of Health, Social Services and Public Safety;

(d) under or for the purposes of the enactments set out in Part IV of Schedule 4 are hereby transferred as from that date to the Department for Regional Development;

(e) under or for the purposes of the enactments set out in Part V of Schedule 4 are hereby transferred as from that date to the Department for Social Development.

Transfer of certain functions of Department of Finance and Personnel

7.  The functions which immediately before the transfer date are exercisable by the Department of Finance and Personnel under or for the purposes of the enactments set out in Schedule 5 are hereby transferred as from that date to the Office of the First Minister and deputy First Minister.

Transfer of certain functions of Department of Health and Social Services

8.  The functions which immediately before the transfer date are exercisable by the Department of Health and Social Services—

(a) under or for the purposes of the enactments set out in Part I of Schedule 6 are hereby transferred as from that date to the Office of the First Minister and deputy First Minister;

(b) under or for the purposes of the enactments set out in Part II of Schedule 6 are hereby transferred as from that date to the Department for Social Development.

Assignment of functions to Office of the First Minister and deputy First Minister

9.  The Office of the First Minister and deputy First Minister shall, in addition to any functions exercisable by virtue of any other statutory provision, be the department responsible for—

(a) the co-ordination of policy;

(b) liaison with other bodies, persons and authorities (both within and outside Northern Ireland);

(c) supporting the Executive Committee;

(d) information services;

(e) the legislative programme;

(f) policy in relation to public appointments;

(g) the economic policy unit;

(h) standards in public life;

(i) other functions heretofore exercisable by the Central Secretariat.

References in enactments, etc.

10.—(1) In the construction and for the purposes of any enactment 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 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 date; 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.

Transfer of assets and liabilities

11.  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.

L.S.

Peter Mandelson

One of Her Majesty’s Principal Secretaries of State

Dated this 30th day of November 1999.

SCHEDULE 1 Enactments relating to functions transferred from the Department of Agriculture to the Department of Culture, Arts and Leisure

• Railway and Canal Traffic Acts 1854 to 1894, so far as relating to canals.

• Local Government (Ireland) Act 1898, section 37.

• Irish Land Act 1903, section 13(1), (2) and (5) and subsection (4) so far as relating to sporting rights.

• Northern Ireland Land Act 1925, section 15.

• Railway and Canal Traffic (Amendment) Act (Northern Ireland) 1930, so far as relating to canals.

• Northern Ireland Land Purchase (Winding Up) Act 1935, section 3(c), so far as relating to sporting rights.

• Inland Navigation Act (Northern Ireland) 1954.

• Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955, section 6(3) and so much of sections 5, 7, 9, 12, 13 and 14 as relates to section 6(3).

• In the Fisheries Act (Northern Ireland) 1966 (“the Act”)—

  • Section 1, so far as relating to inland fisheries and salmon fisheries;

  • Sections 1A to 7;

  • Section 8, so far as relating to inland waters;

  • Section 9, so far as relating to inland fisheries and salmon fisheries;

  • Section 10;

  • Sections 11 to 11C, so far as relating to fish farms in inland waters;

  • Section 12, so far as relating to inland fisheries, salmon fisheries and fish other than sea-fish;

  • Section 14, so far as relating to the artificial propagation of salmon, eels or freshwater fish and the improvement of any inland fishery or salmon fishery;

  • Sections 15 and 16;

  • Sections 17 and 18, except so far as relating to records and returns made by sea-fishermen, fish-salesmen or persons engaged in business in connection with the wholesale distribution or the processing of sea-fish;

  • Section 19, so far as relating to functions under sections 3A, 15, 17, 108(1)(c) and 111(4);

  • Section 20, so far as relating to inland fisheries or the operation of any provision of the Act other than Part VIII, IX or IXA or any other such provision in its application to sea-fisheries;

  • Section 22(1)(a) and (c), so far as relating to functions exercisable under any provision of the Act other than Part VIII, IX or IXA or any other such provision in its application to sea-fisheries;

  • Section 22(1)(b), so far as relating to inland fisheries;

  • Parts II to VII;

  • Section 166(1);

  • Section 170 and Schedule 5A, so far as relating to the appointment of, and the renewal of the appointment of, private water bailiffs for the protection of any inland fisheries or salmon fisheries;

  • Section 178, so far as relating to the authorisation of an officer to exercise the powers conferred by that section for the purposes of the protection of inland fisheries and salmon fisheries;

  • Section 179A;

  • Section 181(2), so far as relating to directions, instructions or authorisations given in relation to the sale or disposal of fish, other than sea-fish;

  • Section 185B, so far as relating to local public inquiries under section 11A;

  • Sections 198 and 199, so far as relating to any thing forfeited in consequence of conviction under any provision of the Act other than Part VIII, IX or IXA or any other such provision in its application to sea-fisheries;

  • Section 201, so far as relating to penalties for breach of regulations under sections 15 and 17;

  • Schedule 1, except so far as relating to shell-fish fishery licences and marine fish fishery licences;

  • Schedule 2.

• Fishing Vessels (Grants) Act (Northern Ireland) 1967, except so far as relating to grants in relation to fishing vessels which are sea fishing vessels.

• Fish Industry Act (Northern Ireland) 1972, section 1 so far as relating to grants made to fish farms in inland waters, and so much of sections 6 and 7 as relates to schemes made under section 1 in relation to such grants.

• Water Act (Northern Ireland) 1972, sections 4, 16 and 26(b), and Schedule 2 to that Act so far as applying for the purposes of section 16.

• Laganside Development (Northern Ireland) Order 1989, Article 19.

• Water (Northern Ireland) Order 1999, Part III (except Article 40(2) and (3)), Article 58(3) to (6) and Schedules 3 to 5 to that Order so far as applying for the purposes of Part III.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of Agriculture for the purposes of any of the above-mentioned enactments.

SCHEDULE 2 Enactments relating to functions transferred from the Department of Economic Development

Part I Enactments relating to functions transferred from the Department of Economic Development to the Office of the First Minister and deputy First Minister

• Equal Pay Act (Northern Ireland) 1970.

• Sex Discrimination (Northern Ireland) Order 1976, except Article 77(4B)(d).

• Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990, Articles 4, 7, 8 and 18(1).

• Disability Discrimination Act 1995, except sections 8, 9(4)(d) and 10(2)(b).

• Race Relations (Northern Ireland) Order 1997, except Articles 53 and 68(8)(d).

• Northern Ireland Act 1998, section 73(5) and Schedule 8.

• Fair Employment and Treatment (Northern Ireland) Order 1998, except Articles 17, 39 and 100(4)(d) and Part IX.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of Economic Development for the purposes of any of the above-mentioned enactments.

Part II Enactments relating to functions transferred from the Department of Economic Development to the Department of Higher and Further Education, Training and Employment

• Disabled Persons (Employment) Act (Northern Ireland) 1945.

• Employment and Training Act (Northern Ireland) 1950.

• Judicial Pensions Act (Northern Ireland) 1951.

• Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969.

• Enterprise Ulster (Northern Ireland) Order 1973.

• Sex Discrimination (Northern Ireland) Order 1976, Article 77(4B)(d).

• Pneumoconiosis, etc. (Workers' Compensation) (Northern Ireland) Order 1979.

• Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981.

• Industrial Training (Northern Ireland) Order 1984.

• Reserve Forces (Safeguard of Employment) Act 1985.

• Employment and Training (Amendment) (Northern Ireland) Order 1988.

• Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990, Articles 10 and 12.

• Industrial Relations (Northern Ireland) Order 1992.

• Disability Discrimination Act 1995, sections 8, 9(4)(d) and 10(2)(b).

• Trade Union and Labour Relations (Northern Ireland) Order 1995.

• Employment Rights (Northern Ireland) Order 1996.

• Industrial Tribunals (Northern Ireland) Order 1996.

• Race Relations (Northern Ireland) Order 1997, Articles 53 and 68(8)(d).

• Shops (Sunday Trading &c.) (Northern Ireland) Order 1997, Article 11 and Schedule 2.

• Fair Employment and Treatment (Northern Ireland) Order 1998, Articles 17, 39 and 100(4)(d) and Part IX.

• Employment Relations (Northern Ireland) Order 1999.

• Welfare Reform and Pensions (Northern Ireland) Order 1999, Article 57.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of Economic Development for the purposes of any of the above-mentioned enactments.

Part III Enactments relating to functions transferred from the Department of Economic Development to the Department for Regional Development

• Energy Efficiency (Northern Ireland) Order 1999, Article 4.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends the above-mentioned enactment; or

  (b)

  confers functions on the Department of Economic Development for the purposes of the above-mentioned enactment.

SCHEDULE 3 Enactments relating to functions transferred from the Department of Education

Part I Enactments relating to functions transferred from the Department of Education to the Department of Culture, Arts and Leisure

• In the Education and Libraries (Northern Ireland) Order 1986 (“the Order”)—

  • Article 4(3), so far as relating to a library committee;

  • Article 37, so far as relating to cultural and recreational activities;

  • Part VII;

  • Article 83, so far as relating to the chief librarian of a board;

  • Article 99, so far as relating to functions of boards under Part VII of the Order;

  • Article 101, so far as relating to any power or duty under Part VII of the Order;

  • Articles 102 and 102A, so far as relating to library premises as defined by Article 78A of the Order;

  • Article 103(1), so far as relating to functions under Part VII of the Order;

  • Article 105, so far as relating to the acquisition of land for the purposes of Part VII of the Order;

  • Article 106, so far as relating to the acquisition, holding or disposal of land for the purposes of Part VII of the Order;

  • Article 108, so far as relating to the purposes of Part VII of the Order;

  • Article 109, so far as relating to functions under Part VII of the Order;

  • Articles 113 and 114, so far as relating to functions of a board under—

    (a)

    Article 37 of the Order, so far as relating to cultural and recreational activities;

    (b)

    Part VII of the Order;

  • Article 115, so far as relating to library services or recreational or cultural activities;

  • Article 119, so far as relating to accounts of moneys received and paid out in connection with the exercise of functions under—

    (a)

    Article 37 of the Order, so far as relating to cultural and recreational activities; and

    (b)

    Part VII of the Order;

  • Article 134, so far as relating to Part VII of the Order.

• Recreation and Youth Service (Northern Ireland) Order 1986.

• Education Reform (Northern Ireland) Order 1989, Article 152, so far as relating to library services or recreational or cultural activities.

• Armagh Observatory and Planetarium (Northern Ireland) Order 1995.

• Arts Council (Northern Ireland) Order 1995.

• Museums and Galleries (Northern Ireland) Order 1998.

• Activity Centres (Young Persons' Safety) (Northern Ireland) Order 1998.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of Education for the purposes of any of the above-mentioned enactments.

Part II Enactments relating to functions transferred from the Department of Education to the Department of Higher and Further Education, Training and Employment

• In the Sex Discrimination (Northern Ireland) Order 1976, Schedule 2 so far as relating to an establishment falling within paragraph 5 of the table in Article 24 of that Order.

• In the Education and Libraries (Northern Ireland) Order 1986 (“the Order”)—

  • Article 44, so far as relating to functions under Article 50 or 51 of the Order or the Further Education (Northern Ireland) Order 1997;

  • Articles 50 and 51;

  • Articles 52, 60 and 62 so far as relating to pupils attending institutions of further education;

  • Article 66(1), so far as relating to facilities for the initial training of teachers;

  • Article 66(2)(a) and (3) to (5);

  • Article 67(1), so far as relating to the determination of the qualifications of, and the selection of, students to be admitted to the initial training of teachers;

  • Articles 70 and 71, so far as relating to teachers in institutions of further education;

  • Article 88A, so far as relating to persons employed by the governing body of an institution of further education;

  • Article 99, so far as relating to functions under Article 50 of the Order;

  • Article 100(bb);

  • Article 101, so far as relating to any power or duty under Article 50 of the Order or the Further Education (Northern Ireland) Order 1997;

  • Articles 102 and 102A, so far as relating to institutions of further education or colleges of education;

  • Article 103(1), so far as relating to any function under Article 50 of the Order or the Further Education (Northern Ireland) Order 1997;

  • Article 105, so far as relating to the acquisition of land for the purposes of the Further Education (Northern Ireland) Order 1997;

  • Article 108, so far as relating to the purposes of Article 50 of the Order or the Further Education (Northern Ireland) Order 1997;

  • Article 109, so far as relating to functions under Article 50 of the Order or the Further Education (Northern Ireland) Order 1997;

  • Articles 113 and 114, so far as relating to functions of a board under—

    (a)

    Article 50 of the Order;

    (b)

    Article 52 or 60 of the Order, so far as relating to pupils attending institutions of further education; and

    (c)

    the Further Education (Northern Ireland) Order 1997;

  • Article 115, so far as relating to—

    (a)

    educational services connected with further or higher education; and

    (b)

    research relevant to functions under Article 50 of the Order or the Further Education (Northern Ireland) Order 1997;

  • Article 119, so far as relating to accounts of moneys received and paid out in connection with the exercise of functions under—

    (a)

    Article 50 of the Order;

    (b)

    Article 52 or 60 of the Order, so far as relating to pupils attending institutions of further education;

    (c)

    the Further Education (Northern Ireland) Order 1997;

  • Article 134, so far as relating to Article 50 or 51 of the Order or the Further Education (Northern Ireland) Order 1997.

• In the Education Reform (Northern Ireland) Order 1989—

  • Article 3, so far as relating to higher and further education;

  • Article 34(3) to (8);

  • Article 151, so far as relating to teachers employed in institutions of further education;

  • Article 152, so far as relating to educational services connected with further or higher education.

• Education (Student Loans) (Northern Ireland) Order 1990.

• Education and Libraries (Northern Ireland) Order 1993, Article 30.

• Education (Unrecognised Degrees) (Northern Ireland) Order 1988.

• Education (Academic Tenure) (Northern Ireland) Order 1988.

• Further Education (Northern Ireland) Order 1997.

• Education (Student Support) (Northern Ireland) Order 1998.

• In the Education (Northern Ireland) Order 1998—

  • Article 75, so far as relating to external qualifications for persons in full-time attendance at an institution of further education;

  • Article 76(2);

  • Article 81(3) and (6).

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of Education for the purposes of any of the above-mentioned enactments.

SCHEDULE 4 Enactments relating to functions transferred from the Department of the Environment

Part I Enactments relating to functions transferred from the Department of the Environment to the Department of Culture, Arts and Leisure

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

• Public Records (Ireland) Act 1867, Amendment Act 1875.

• Parochial Records Act 1876.

• Public Records Act (Northern Ireland) 1923.

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

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of the Environment for the purposes of any of the above-mentioned enactments.

Part II Enactments relating to functions transferred from the Department of the Environment to the Department of Finance and Personnel

• Public Works (Ireland) Act 1869.

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

• Land Registration Act (Northern Ireland) 1970.

• Registration of Deeds Act (Northern Ireland) 1970.

• Land Acquisition and Compensation (Northern Ireland) Order 1973, Articles 65 and 66.

• Rates (Northern Ireland) Order 1977.

• Building Regulations (Northern Ireland) Order 1979.

• Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984, Articles 6(7) and 7(4).

• Social Security Contributions and Benefits (Northern Ireland) Act 1992, sections 122(3) and 171(6A).

• Social Security Administration (Northern Ireland) Act 1992, sections 73, 110, 126(2) and (3)(b) and 165(8).

• Social Security (Consequential Provisions) (Northern Ireland) Act 1992, paragraph 20 of Schedule 3.

• Registration (Land and Deeds) (Northern Ireland) Order 1992

• Construction Contracts (Northern Ireland) Order 1997.

• Northern Ireland Act 1998, section 93.

• Family Homes and Domestic Violence (Northern Ireland) Order 1998, Articles 6(7) and 7(4).

• Social Security (Northern Ireland) Order 1998, Article 35(2).

• Energy Efficiency (Northern Ireland) Order 1999, Article 6

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of the Environment for the purposes of any of the above-mentioned enactments.

Part III Enactments relating to functions transferred from the Department of the Environment to the Department of Health, Social Services and Public Safety

• Fire Services (Northern Ireland) Order 1984, except Article 6.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends the above-mentioned enactment; or

  (b)

  confers functions on the Department of the Environment for the purposes of the above-mentioned enactment.

Part IV Enactments relating to functions transferred from the Department of the Environment to the Department for Regional Development

• Public Harbours Act 1806.

• Summary Jurisdiction (Ireland) Act 1851, section 9.

• Railway and Canal Traffic Acts 1854 to 1894, so far as relating to railways and not included in the railway enactments within the meaning of Part II of the Schedule to the Administrative Provisions Act (Northern Ireland) 1926.

• Tramways (Ireland) Acts 1860 to 1900.

• General Pier and Harbour Act, 1861 Amendment Act 1862, sections 7 to 11.

• Harbours Transfer Act 1862, sections 8 and 14.

• Public Health (Ireland) Act 1878, section 29.

• Public Health Acts Amendment Act 1890, sections 39 and 42.

• Administrative Provisions Act (Northern Ireland) 1925, section 2(2)(b).

• The railway enactments within the meaning of Part II of the Schedule to the Administrative Provisions Act (Northern Ireland) 1926, and so much of that Act as relates to railways.

• Railways Act (Northern Ireland) 1934.

• Finance Act (Northern Ireland) 1966, section 14.

• Transport Act (Northern Ireland) 1967, Parts V, VA, VB, VI and VIII.

• Harbours Act (Northern Ireland) 1970.

• Water Act (Northern Ireland) 1972, section 4.

• Water and Sewerage Services (Northern Ireland) Order 1973, in Part II Articles 3 and 3A, Parts III to VII, in Part VIII Articles 40 to 44, 47 and 48, 53 to 55 and 58, and so far as relating to functions under those enactments, Articles 2(2), 8, 46, 49 and 50.

• Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, section 14.

• Private Streets (Northern Ireland) Order 1980.

• Fire Services (Northern Ireland) Order 1984, Article 6.

• Road Races (Northern Ireland) Order 1986.

• Water (Fluoridation) (Northern Ireland) Order 1987.

• Dangerous Vessels (Northern Ireland) Order 1991.

• Planning (Northern Ireland) Order 1991, Articles 100 and 101, and Article 103 so far as relating to the making of an order under Article 100.

• Roads (Northern Ireland) Order 1993.

• Litter (Northern Ireland) Order 1994, Articles 7 and 8.

• Airports (Northern Ireland) Order 1994.

• Ports (Northern Ireland) Order 1994.

• Disability Discrimination Act 1995, sections 46 and 47.

• Street Works (Northern Ireland) Order 1995.

• Road Traffic Regulation (Northern Ireland) Order 1997.

• Water (Northern Ireland) Order 1999, Article 58(3) to (6).

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of the Environment for the purposes of any of the above-mentioned enactments.

Part V Enactments relating to functions transferred from the Department of the Environment to the Department for Social Development

• Development Services Act (Northern Ireland) 1948.

• New Towns Act (Northern Ireland) 1965.

• Rent (Northern Ireland) Order 1978.

• Housing (Northern Ireland) Orders 1981 to 1992.

• Nature Conservation and Amenity Lands (Northern Ireland) Order 1985, Article 6(1)(e), Articles 6(2) to (6), 9 and 29 so far as relating to any purpose mentioned in Article 6(1)(e), and Article 28.

• Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, Article 8.

• Social Need (Northern Ireland) Order 1986.

• Laganside Development (Northern Ireland) Order 1989.

• Social Security (Northern Ireland) Order 1990, Article 17.

• Planning (Northern Ireland) Order 1991, Part VII, and so far as relating to that Part, Articles 3(2), 102 to 104, 121, 122, 125 and 130.

• Energy Efficiency (Northern Ireland) Order 1999, Article 5.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of the Environment for the purposes of any of the above-mentioned enactments.

SCHEDULE 5 Enactments relating to functions transferred from the Department of Finance and Personnel to the Office of the First Minister and deputy First Minister

• Crown Proceedings Act 1947, section 17.

• Community Relations (Amendment) (Northern Ireland) Order 1975, Article 4(2) and (3).

• Statutory Rules (Northern Ireland) Order 1979.

• Commissioner for Complaints (Northern Ireland) Order 1996.

• Ombudsman (Northern Ireland) Order 1996.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of Finance and Personnel for the purposes of any of the above-mentioned enactments.

SCHEDULE 6

Part I Enactments relating to functions transferred from the Department of Health and Social Services to the Office of the First Minister and deputy First Minister

• Disability Discrimination Act 1995.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends the above-mentioned enactment; or

  (b)

  confers functions on the Department of Health and Social Services for the purposes of the above-mentioned enactment.

Part II Enactments relating to functions transferred from the Department of Health and Social Services to the Department for Social Development

• Leases for Schools (Ireland) Act 1881.

• Educational Endowments (Ireland) Act 1885.

• Open Spaces Act 1906.

• Street Trading (Regulation) Act (Northern Ireland) 1929.

• House to House Charitable Collections Act (Northern Ireland) 1952.

• Queen’s University of Belfast (Trusts) Act (Northern Ireland) 1952.

• Magee University College Londonderry (Northern Ireland) Act 1953.

• Vaughan’s Charity (Administration) Act (Northern Ireland) 1954.

• Educational Endowments (Confirmation of Schemes) Act (Northern Ireland) 1956.

• Education (Amendment) Act (Northern Ireland) 1956.

• King George VI Memorial Youth Council Act (Northern Ireland) 1957.

• Charities Act (Northern Ireland) 1964.

• Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972.

• Sex Discrimination (Northern Ireland) Order 1976, Article 78.

• Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

• Education and Libraries (Northern Ireland) Order 1986, Article 90(7).

• Social Security (Northern Ireland) Order 1986.

• Recreation and Youth Service (Northern Ireland) Order 1986, Articles 10 to 12.

• Charities (Northern Ireland) Order 1987.

• Social Security (Northern Ireland) Order 1989.

• Insolvency (Northern Ireland) Order 1989, Articles 315A to 315F.

• Child Support (Northern Ireland) Order 1991.

• Social Security Administration (Northern Ireland) Act 1992.

• Social Security Contributions and Benefits (Northern Ireland) Act 1992.

• Social Security (Consequential Provisions) (Northern Ireland) Act 1992.

• Social Security (Mortgage Interest Payments) (Northern Ireland) Order 1992.

• Disability (Grants) Act 1993.

• Pension Schemes (Northern Ireland) Act 1993

• Child Support (Northern Ireland) Order 1995.

• Pensions (Northern Ireland) Order 1995.

• Jobseekers (Northern Ireland) Order 1995.

• Reserve Forces Act 1996, section 120.

• Deregulation and Contracting-Out (Northern Ireland) Order 1996, Article 17.

• Industrial Tribunals (Northern Ireland) Order 1996.

• Licensing (Northern Ireland) Order 1996.

• Registration of Clubs (Northern Ireland) Order 1996.

• Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.

• Social Security Administration (Fraud) (Northern Ireland) Order 1997.

• Shops (Sunday Trading &c.) (Northern Ireland) Order 1997.

• Social Security (Northern Ireland) Order 1998.

• Welfare Reform and Pensions (Northern Ireland) Order 1999.

• Any enactment passed or made before the transfer date which—

  (a)

  amends or extends any of the above-mentioned enactments; or

  (b)

  confers functions on the Department of Health and Social Services for the purposes of any of the above-mentioned enactments.

Explanatory Note

(This note is not part of the Order.)

This Order transfers certain functions of Northern Ireland departments to other such departments and assigns certain functions to the Office of the First Minister and deputy First Minister.

(1)

1944 c. 14 (N.I.)

(2)

by S.I. 1973/2163 Article 14(1) and Sch. 5, para. 27; 1974 c. 28 section 1(3) and Sch. 1, para. 2(1)(b)