2 1980

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Number 2 of 1980


MINISTERS AND SECRETARIES (AMENDMENT) ACT, 1980


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Not more than 15 Ministers of State may be appointed.

3.

Minister of State to cease to hold office on being appointed member of Government.

4.

Resignation of Minister of State.

5.

Saver.

6.

Amendment of section 2 of Statutory Instruments Act, 1947.

7.

Repeal.

8.

Short title, construction and collective citations.

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Number 2 of 1980


MINISTERS AND SECRETARIES (AMENDMENT) ACT, 1980


AN ACT TO AMEND AND EXTEND THE MINISTERS AND SECRETARIES ACTS, 1924 TO 1977, AND TO AMEND SECTION 2 OF THE STATUTORY INSTRUMENTS ACT, 1947 . [18th March, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1. —In this Act—

the Act of 1977” means the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 ;

Minister of State”, except in section 6 means a Minister of State appointed under section 1 of the Act of 1977.

Not more than 15 Ministers of State may be appointed.

2. —Subsection (1) of section 1 of the Act of 1977 is hereby amended by the substitution of “15” for “10”, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) The Government may, on the nomination of the Taoiseach, appoint not more than 15 persons, who are members of either House of the Oireachtas, to be Ministers of State at Departments of State and may at any time, on the recommendation of the Taoiseach, remove a Minister of State so appointed.

Minister of State to cease to hold office on being appointed member of Government.

3. —Where a person who for the time being is a Minister of State is appointed under Article 13 of the Constitution to be a member of the Government, he shall, on being so appointed, cease to hold office as a Minister of State.

Resignation of Minister of State.

4. —A Minister of State may resign his office by letter addressed to the Taoiseach and the resignation shall take effect on and from the day on which it is accepted by the Taoiseach.

Saver.

5. —The nomination under section 7 of the Ministers and Secretaries (Amendment) Act, 1939 , of a member of the Government to execute the office of a Minister of the Government having charge of a Department of State shall not prejudice or affect the appointment or tenure of office of a person holding at the time of such nomination the office of Minister of State at that Department.

Amendment of section 2 of Statutory Instruments Act, 1947.

6. Section 2 (1) (b) of the Statutory Instruments Act, 1947 , shall be construed and have effect as if the reference in subparagraph (iv) to any Parliamentary Secretary were a reference to any Minister of State at a Department of State.

Repeal.

7. Section 3 (3) of the Ministers and Secretaries (Amendment) Act, 1973 , is hereby repealed.

Short title, construction and collective citations.

8. —(1) This Act may be cited as the Ministers and Secretaries (Amendment) Act, 1980.

(2) The Ministers and Secretaries Acts, 1924 to 1977, and this Act, other than section 6, shall be construed together as one.

(3) The Ministers and Secretaries Acts, 1924 to 1977, and this Act may be cited together as the Ministers and Secretaries Acts, 1924 to 1980.

(4) The Statutory Instruments Acts, 1947 and 1955, and section 6 of this Act may be cited together as the Statutory Instruments Acts, 1947 to 1980.


Acts Referred to

Ministers and Secretaries (Amendment) Act, 1939

1939, No. 36

Ministers and Secretaries (Amendment) Act, 1973

1973, No. 14

Ministers and Secretaries (Amendment) (No. 2) Act, 1977

1977, No. 28

Ministers and Secretaries Acts, 1924 to 1977

Statutory Instruments Act, 1947

1947, No. 44

Statutory Instruments Acts, 1947 and 1955