S.I. No. 30/1977 - Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977.

S.I. No. 30 of 1977.

FISHERIES (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1977.

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

1. This Order may be cited as the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977.

2. In this Order "functions" includes powers and duties.

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 Lands.

(2) References to the Department of Agriculture and Fisheries contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Lands.

4. (1) The functions vested in the Minister for Agriculture and Fisheries by or under the following Acts are hereby transferred to the Minister for Lands:

(a) the Fisheries Acts, 1959 to 1976,

(b) the Fisheries (Revision of Loans) Act, 1931 (No. 33 of 1931),

(c) the Electricity (Supply) Acts, 1927 to 1976,

(d) the Whale Fisheries Act, 1937 (No. 4 of 1937),

(e) the Arterial Drainage Acts, 1945 and 1955,

(f) the Turf Development Acts, 1946 to 1975,

(g) the Local Authorities (Works) Act, 1949 (No. 17 of 1949),

(h) the Freshwater Fisheries (Prohibition of Netting) Act, 1951 (No. 21 of 1951),

(i) the Foyle Fisheries Acts, 1952 to 1976,

(j) the Sea Fisheries Acts, 1952 to 1974,

(k) the Maritime Jurisdiction Acts, 1959 and 1964,

(l) the Fishery Harbour Centres Act, 1968 (No. 18 of 1968).

(2) The functions vested in the Minister for Agriculture and Fisheries by or under the Statistics Acts, 1926 and 1946, so far as those Acts relate to statistics within the meaning of those Acts, with respect to sea and inland fisheries, are hereby transferred to the Minister for Lands.

(3) The functions vested in the Minister for Agriculture and Fisheries by or under the Agricultural Products (Regulation of Import) Act, 1938 (No. 14 of 1938), so far as that Act relates to fishery products within the meaning of that Act, are hereby transferred to the Minister for Lands.

(4) The functions vested in the Minister for Agriculture and Fisheries by or under the Agricultural and Fishery Products (Regulation of Export) Act, 1947 (No. 18 of 1947), so far as that Act relates to fishery products within the meaning of that Act, are hereby transferred to the Minister for Lands.

(5) Any function vested in the Minister for Agriculture and Fisheries by or under the Wildlife Act, 1976 (No. 39 of 1976), and relating to fisheries is hereby transferred to the Minister for Lands.

(6) References to the Minister for Agriculture and Fisheries contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Lands.

5. (1) All property (real or personal), rights and liabilities held, enjoyed, or incurred before the commencement of this Order by the Minister for Agriculture and Fisheries, in connection with any functions transferred by this Order to the Minister for Lands, shall be and are hereby transferred to the Minister for Lands, and accordingly, without any further conveyance, transfer or assignment—

(a) the said property shall on the commencement of this Order vest in the Minister for Lands,

(b) the said rights shall, as on and from the commencement of this Order, be enjoyed by the Minister for Lands,

(c) the said liabilities shall, as on and from the commencement of this Order, be the liabilities of the Minister for Lands.

(2) All moneys, stocks, shares and securities transferred to the Minister for Lands by this Article which, on the commencement of this Order, are standing in the books of any corporation or company in the name of the Minister for Agriculture and Fisheries shall, upon the request of the Minister for Lands, be transferred into his name.

6. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Agriculture and Fisheries is a party and the proceedings have reference to functions transferred by this Order to the Minister for Lands, the name of the Minister for Lands shall be substituted in the proceedings for that of the Minister for Agriculture and Fisheries, and the proceedings shall not abate by reason of such substitution.

7. Anything commenced before the commencement of this Order by or under the authority of the Minister for Agriculture and Fisheries may, so far as it relates to functions transferred by this Order to the Minister for Lands be carried on or completed on or after such commencement by the Minister for Lands.

8. Every document (including any certificate or licence) 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 commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for Lands.

GIVEN under the Official Seal of the Government, this 8th day of February, 1977.

LIAM MAC COSGAIR,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Lands and the Department of Lands, respectively, with effect as from 8th February, 1977, the Ministerial functions and Departmental administration in relation to fisheries.