S.I. No. 246/1961 - Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1961.

S.I. No. 246 of 1961.

TRANSPORT, FUEL AND POWER (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (No. 2) ORDER, 1961.

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) (No. 2) Order, 1961.

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 or business transferred by paragraph (1) of this Article 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 Acts mentioned in the Schedule to this Order 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. (1) All property (real or personal), rights and liabilities held, enjoyed or incurred before the operative date by the Minister for Industry and Commerce, in connection with any functions transferred by this Order to the Minister for Transport and Power, shall be and are hereby transferred to the Minister for Transport and Power, and accordingly, without any further conveyance, transfer or assignment—

(a) the said property shall on the operative date vest in the Minister for Transport and Power,

(b) the said rights shall, as on and from the operative date, be enjoyed by the Minister for Transport and Power,

(c) the said liabilities shall, as on and from the operative date be the liabilities of the Minister for Transport and Power.

(2) All moneys, stocks, shares and securities transferred to the Minister for Transport and Power by this Article which, on the operative date, are standing in the books of any corporation or company in the name of the Minister for Industry and Commerce shall, upon the request of the Minister for Transport and Power, be transferred into his name.

6. 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 this Order to the Minister for Transport and Power, the name of 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.

7. 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 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.

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

9. 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 this Order shall, on and after the operative date, be construed as references to the Minister for Transport and Power.

Article 4.

SCHEDULE.

1. Tourist Traffic (Development) Act, 1931 (No. 15 of 1931),

2. Tourist Traffic Act, 1939 (No. 24 of 1939),

3. Tourist Traffic Act, 1952 (No. 15 of 1952),

4. Tourist Traffic Act, 1955 (No. 5 of 1955),

5. Tourist Traffic Act, 1957 (No. 27 of 1957),

6. Tourist Traffic Act, 1959 (No. 27 of 1959),

7. Tourist Traffic Act, 1961 (No. 37 of 1961).

GIVEN under the Official Seal of the Government, this 31st day of October, 1961.

SEÁN 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 from the date of this Order, certain Ministerial functions and Departmental administration in relation to Tourism.