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Transfer to the Board of certain functions of the Minister and the Commissioners of Public Works in Ireland under the Shannon Acts, 1839 to 1885.
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27.—(1) In this section—
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the expression “the Acts” means the Shannon Acts, 1839 to 1885, as amended or adapted by or under subsequent enactments;
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the expression “the Commissioners” means the Commissioners of Public Works in Ireland;
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the word “functions” includes powers and duties;
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the word “property” means lands, tenements, hereditaments, works and all other property (including securities and choses in action) of every kind whatsoever.
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(2) The Government may by order transfer to the Board all or any of the functions conferred or imposed by the Acts or otherwise on the Minister or the Commissioners in relation to the care and conservancy of the navigation or drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage and any such order may transfer all or any of such functions in relation either to the whole or any particular parts of the said river or any tributary thereof.
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(3) (a) Where any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order transfer to and vest in the Board all or any part of the property which immediately before the making of the order was vested in or held by the Commissioners under the Acts or otherwise and used by them for the purpose or in connection with the exercise or performance of the functions so transferred or for the purpose of providing revenue for the exercise or performance of the functions so transferred.
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(b) A transfer of property made by virtue of this subsection shall not extend to—
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(i) the several eel weir fisheries in the River Shannon comprising one weir at Athlone and two weirs at Castleconnel, as shown in the rental property book in the Shannon Navigation Office, and all weirs and works connected with same and the right of fishing therein, or
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(ii) the several eel weir fishery in the River Shannon at Killaloe, as shown in the said rental property book, and the weir and works connected with the said fishery.
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(c) Where any property is transferred to the Board under this subsection that property shall vest in the Board for all the estate or interest therein which immediately before the transfer was vested in the Commissioners or belonged to the State.
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(4) (a) Whenever any functions are transferred to the Board by an order under this section the Government may by the same or any subsequent order transfer from the service of the Commissioners to that of the Board any person employed by the Commissioners in relation to or for the purpose of the exercise and performance of those functions.
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(b) Every person transferred to the service of the Board under this subsection shall thereupon become and be an officer or servant of the Board upon the same terms as to remuneration and superannuation, pension or gratuity (if any) as those on which he was employed by the Commissioners immediately before the transfer and shall for the purposes of such superannuation, pension or gratuity (if any) be entitled to reckon his period of service with the Commissioners as service with the Board.
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(c) An order under this section may apply, in relation to any person transferred under this subsection to the service of the Board, the provisions of section 38 with such modifications as may be specified in the order.
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(5) Whenever any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order impose on the Board the obligation to pay as from the date of the order any pension which at that date is payable by the Commissioners to a person formerly employed by the Commissioners in relation to or for the purposes of those functions and thereupon the Board shall become and be liable to indemnify the Commissioners against any liability in respect of the pension as from the date of the order.
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(6) Whenever any functions are transferred to the Board by an order under this section, the Government may by the same or any subsequent order, do all or any of the following things:—
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(a) make such adaptations of and modifications in the provisions of the Acts in their application to the Board as the Government think proper,
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(b) if the functions transferred by the order include the making of any instruments (being rules, orders, regulations and bye-laws) under section 56 of the Shannon Act of 1839—
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(i) provide that so much of the said section 56 as relates to the confirmation of those instruments shall not apply to any of those instruments made by the Board under the said section 56;
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(ii) apply to any of those instruments made by the Board under the said section 56 any of the provisions of section 22.
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(7) An order under this section may contain such ancillary and supplemental provisions as the Government think necessary for giving full effect to the order.
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