Ministers and Secretaries (Amendment) Act, 1980

In short

This law amends previous acts concerning Ministers and Secretaries, primarily by increasing the maximum number of Ministers of State and clarifying rules about their appointment and resignation.

What it regulates

The maximum number of Ministers of State that can be appointed.
When a Minister of State ceases to hold office.
The process for a Minister of State to resign.
The interpretation of "Parliamentary Secretary" in the context of the Statutory Instruments Act, 1947.

Who it concerns

The Government and the Taoiseach.
Persons appointed as Ministers of State.
Members of either House of the Oireachtas who may be appointed as Ministers of State.

Key points

Not more than 15 Ministers of State may be appointed.
A Minister of State must be a member of either House of the Oireachtas.
A Minister of State ceases to hold office if appointed as a member of the Government.
Resignation of a Minister of State takes effect when accepted by the Taoiseach.

Legal text

Ministers and Secretaries (Amendment) Act, 1980 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1980 Ministers and Secretaries (Amendment) Act, 1980 Ministers and Secretaries (Amendment) Act, 1980 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán 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. 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 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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