S.I. No. 257/1980 - Rent Restrictions (Transfer of Departmental Administration and Ministerial Functions) Order, 1980.


S.I. No. 257 of 1980.

RENT RESTRICTIONS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1980.

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 Rent Restrictions (Transfer of Departmental Administration and Ministerial Functions) Order, 1980.

(2) This Order shall come into operation on the 23rd day of July, 1980.

2. In this Order, save where the context otherwise requires—

"functions" includes powers and duties;

"operative date" means the date on which this Order comes into operation.

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 the Environment.

(2) References to the Department of Justice 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 operative date, be construed as references to the Department of the Environment.

4. (1) The functions vested in the Minister for Justice by or under the Rent Restrictions Acts, 1960 and 1967, are hereby transferred to the Minister for the Environment.

(2). References to the Minister for Justice contained in any enactment 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 the Environment.

5. Any rights or liabilities enjoyed or incurred before the operative date by the Minister for Justice, in connection with any functions transferred by this Order to the Minister for the Environment shall be and are hereby transferred to the Minister for the Environment, and accordingly, without any further transfer or assignment—

( a ) the said rights shall, as on and from the operative date, be enjoyed by the Minister for the Environment, and

( b ) the said liabilities shall, as on and from the operative date, be the liabilities of the Minister for the Environment.

6. Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Justice is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Environment, the name of the Minister for the Environment shall be substituted in the proceedings for that of the Minister for Justice, 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 Justice may, so far as it relates to functions transferred by this Order to the Minister for the Environment, be carried on or completed on or after the operative date by the Minister for the Environment.

8. Every licence, certificate or other 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 the Environment.

GIVEN under the Official Seal of the Government, this 22nd day of July, 1980.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE

This Order transfers to the Minister for the Environment and to the Department of the Environment, respectively, from the Minister for Justice and the Department of Justice, Ministerial functions and Departmental administration in relation to rent restrictions.