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S.I. No. 34/2023 - Tourism, Culture, Arts, Gaeltacht, Sport and Media (Delegation of Ministerial Functions) (No. 2) Order 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th January, 2023.

The Government, on the request of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media (as adapted by the Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 403 of 2020 )), and in exercise of the powers conferred on them by section 2 (1) of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 (No. 28 of 1977), hereby order as follows:

1. This Order may be cited as the Tourism, Culture, Arts, Gaeltacht, Sport and Media (Delegation of Ministerial Functions) (No. 2) Order 2023.

2. The powers (other than the power to prosecute an offence) and duties of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, conferred on her by or under -

(a) the Sport Ireland Act 2015 (No. 15 of 2015) other than section 4 of, and paragraphs 2, 3 and 4 of Schedule 1 to, that Act,

(b) section 847A (inserted by section 41 of the Finance Act 2002 (No. 5 of 2002)) of the Taxes Consolidation Act 1997 (No. 39 of 1997), and

(c) the Intoxicating Liquor Act 2003 (No. 31 of 2003), are delegated to Thomas Byrne, Minister of State at the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

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GIVEN under the Official Seal of the Government,

24 January, 2023.

LEO VARADKAR,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Ministers and Secretaries (Amendment) (No. 2) Act, 1977 , provides, inter alia, for the delegation of powers and duties from Ministers to Ministers of State by way of a Government Order. Such Orders are normally made where a Minister of State is expected to carry out statutory functions on behalf of a Minister. It should be noted that every power or duty delegated continues to be vested in the Minister of the Government concurrently with the Minister of State and may be exercised or performed by either. This Order provides for the delegation of functions relating to Sport Ireland by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media to the Minister of State with responsibility for Sport.