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S.I. No. 198/1960 - Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1960.

S.I. No. 198 of 1960.

TRANSPORT, FUEL AND POWER (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1960.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), hereby order as follows :

1. This Order may be cited as the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1960.

2. In this Order —

" functions " includes powers and duties ;

" operative date " means the date of this Order.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Transport and Power.

(2) References to the Department of Industry and Commerce contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Atricle shall, on and after the operative date, be construed as references to the Department of Transport and Power.

4. (1) The functions vested in the Minister for Industry and Commerce by or under the provisions mentioned in the third column of the Schedule to this Order at any reference number of any Act mentioned in the second column of that Schedule at that reference number are hereby transferred to the Minister for Transport and Power.

(2) References to the Minister for Industry and Commerce contained in any Act or instrument made thereunder, and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

5. Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Industry and Commerce is a party and the proceedings have reference to functions transferred by Article 4 of this Order to the Minister for Transport and Power shall be substituted in the proceedings for that of the Minister for Industry and Commerce and the proceedings shall not abate by reason of such substitution.

6. Anything commenced before the operative date by or under the authority of the Minister for Industry and Commerce may, so far as it relates to functions transferred by Article 4 of this Order to the Minister for Transport and Power, be carried on or completed on or after the operative date by the Minister for Transport and Power.

7. Every licence, certificate or other like document granted or made in the exercise of a function transferred by Article 4 of this Order shall, if and in so far as it was operative immediately before the operative date, have effect on and after the operative date as if it had been granted or made by the Minister for Transport and Power.

8. References to the Minister for Industry and Commerce contained in the memorandum and articles of association of any company and relating to any functions transferred by Article 4 of this Order shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

9. (1) The functions which relate to licences authorising the carrying on of manufactures within the airport and which are vested in the Minister for Transport and Power by virtue of the Acts and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministrial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), are hereby transferred to the Minister for Indusrty and Commerce.

(2) The administration and business in connection with the exercise, performance or executiion of the functions transferred by this Article are hereby transferred to the Department of Industry and Commerce.

(3) References to the Department of Transport and Power contained in any Act or instrument made thereunder and relating to the administration and business transferred by this Article shall, on and after the operative date, be construed as references to the Department of Industry and Commerce.

(4) References to the Minister for Transport and Power contained in any Act or instrument made thereunder, and relating to the functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for industry and Commerce.

(5) Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Transport and Power is a party and the proceedings have references to the functions transferred by this Article to the Minister for Industry and Commerce, the name of the Minister for Industry and Commerce shall be substituted in the proceedings for that of the Minister for Transport and Power and the proceedings shall not abate by reason of such substitution.

(6) Anything commenced before the operative date by or under the authority of the Minister for Transport and Power may, so far as it relates to the functions transferred by this Article to the Minister for Industry and Commerce, be carried on or completed on or after the operative date by the Minister for Industry and Commerce.

(7) Every licence granted in the exercise of the functions transferred by this Article shall, if and in so far as it was operative immediately before the operative date, have effect on and after the operative date as if it had been granted by the Minister for Industry and Commerce.

(8) In this Article—

" The Acts " means the Customs-free Airport Acts, 1947 and 1958 ;

" airport " has the meaning it has in the Acts ;

" manufactures " means manufactures in respect of which the restriction imposed by section 7 of the Customs-free Airport (Amendment) Act, 1958 (No. 29 of 1958), applies.

SCHEDULE.

Ref. No.

Act

Provisions of the Acts mentioned in the second column, functions under which are transferred to the Minister for Transport and Power

(1)

(2)

(3)

1.

Public Health Acts Amendment Act, 1907.

Paragraph (4) of section 82.

2.

Road Traffic Act, 1933 .

Subsection (3) of section 93 and subsection (6) of section 123.

3.

Intoxicating Liquor Act, 1943 .

Part IV.

4.

Local Government Act, 1946 .

Subsection (2) of section 47 and subsection (2) of section 56.

5.

Intoxicating Liquor Act, 1946 .

The whole Act.

6.

Intoxicating Liquor Act, 1953 .

Sections 1 to 5.

7.

Consular Conventions Act, 1954 .

Subsection (1) of section 12.

8.

Finance (Miscellaneous Provisions) Act, 1958 .

Section 3.

9.

Fisheries (Consolidation) Act, 1959 .

Subsection (6) of section 117, subsection (4) of section 200, subsection (1) of section 213, paragraph (a) of section 217, paragraph (e) of section 220, section 269.

GIVEN under the Official Seal of the Government, this 13th day of September, 1960.

SÉAN F. LEMASS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Transport and Power and to the Department of Transport and Power, respectively, with effect as from the date of this Order, certain Ministerial functions and Departmental administration in relation to Transport, Fuel and Power. The Order also transfers to the Minister for Industry and Commerce and to the Department of Industry and Commerce, respectively, certain Ministerial functions and Departmental administration in relation to licences under the Customs-free Airport Acts, 1947 and 1958, authorising the carrying on of manufactures within the Airport.