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S.I. No. 232/1978 - Wine (Transfer of Departmental Administration and Ministerial Functions) Order, 1978.

S.I. No. 232 of 1978.

WINE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1978.

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. (1) This Order may be cited as the Wine (Transfer of Departmental Administration and Ministerial Functions) Order, 1978.

(2) This Order shall come into operation on the 1st day of September, 1978.

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 Agriculture.

(2) References to the Department of Industry, Commerce and Energy 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 Agriculture.

4. (1) The functions vested in the Minister for Industry, Commerce and Energy by the following Regulations are hereby transferred to the Minister for Agriculture:

( a ) the European Communities (Wine) Regulations, 1976 ( S.I. No. 12 of 1976 ),

( b ) the European Communities (Wine) Regulations, 1978 ( S.I. No. 154 of 1978 ).

(2) References to the Minister for Industry, Commerce and Energy 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 Agriculture.

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

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

7. Every document (including any authorisation) 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 Agriculture.

GIVEN under the Official Seal of the Government, this 16th day of August, 1978.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Agriculture and to the Department of Agriculture, respectively, with effect from 1st September, 1978, Ministerial functions and Departmental administration in relation to Wine