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

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.