S.I. No. 68/1927 - Saorstát Eireann Forestry Commissioners Order, 1927.


WHEREAS by section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), the Executive Council of Saorstát Eireann is empowered to establish by order or orders a Board or Boards of Commissioners to exercise in Saorstát Eireann the functions which were on the 6th day of December, 1921, exercisable by any statutory Board of Commissioners or other statutory body to which the said section applies and which was in existence on the date aforesaid and had jurisdictions, powers and duties extending to the whole of the late United Kingdom or to any part thereof, which included the area now comprised in Saorstát Eireann :

AND WHEREAS it is provided by the said section 7 that whenever the Executive Council establishes under that section any Board of Commissioners, the Executive Council shall, by the order establishing such Board, apply to such Board with such adaptations and modifications as may be necessary the several British Statutes regulatied the Boards of Commissioners or other body or bodies whose or any of whose jurisdictions, powers or duties are by such order conferring or imposed on such Board :

AND WHEREAS the said section 7 applies to any statutory Board of Commissioners or other statutory Board or body exercising any function of government or discharging any public duties in relation to public administration :

AND WHEREAS the Forestry Commissioners are a statutory Board of Commissioners exercising functions of government or discharging public duties in relation to public administration and were in existence on the 6th day of December, 1921, and had jurisdictions, powers and duties extending to the whole of the late United Kingdom :

AND WHEREAS it is necessary to make provision for the exercise in Saorstát Eireann of the functions which were on the 6th day of December, 1921, exercisable by the Forestry Commissioners in the area now comprised in Saorstát Eireann :

NOW, THE EXECUTIVE COUNCIL of Saorstát Eireann, in exercise of the several powers conferred on them by the said section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power them in this behalf enabling, do hereby order as follows :—

1. This Order may be cited for all purposes as the Saorstát Eireann Forestry Commissioners Order, 1927.

2. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3. A Board of Commissioners to be called and known as the Saorstát Eireann Forestry Commissioners is hereby established to exercise in Saorstát Eireann all the functions which were on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by the Forestry Commissioners.

4. (1) The Saorstát Eireann Forestry Commissioners shall consist of three Commissioners who shall be appointed by the Minister for Lands and Agriculture, and shall hold office during the pleasure of the Executive Council.

(2) There shall be paid to the Saorstát Eireann Forestry Commissioners such remuneration as may be fixed by the Minister for Lands and Agriculture with the consent of the Minister for Finance.

5. All the jurisdictions, powers and duties which on the 6th day of December, 1921, were conferred or imposed by law on the Forestry Commissioners and were exercisable or to be performed within the area now comprised in Saorstát Eireann are hereby respectively conferred and imposed on the Saorstát Eireann Forestry Commissioners.

6. Every mention or reference contained in any British Statute of or to the Forestry Commissioners shall, so far as the same is not inconsistent with the provisions of this Order, be construed and take effect as a mention of or reference to the Saorstát Eireann Forestry Commissioners.

7. Sections 1, 2, 5, and 10 of the Forestry Act, 1919, shall cease to have effect in Saorstát Eireann as from the date of this Order.

8. References in the Forestry Act, 1919, to the President of the Surveyors' Institution shall be construed as references to the Chairman of the Surveyors' Institution (Irish Branch), and references in the said Act to the Development Commissioners shall be construed as references to the Irish Land Commission, and the said Act shall have effect accordingly.

DUBLIN,

This 11th day of August, 1927.