S.I. No. 225/1981 - Shannon Free Airport Development Company Limited (Transfer of Departmental Administration and Ministerial Functions) Order, 1981.

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 Shannon Free Airport Development Company Limited (Transfer of Departmental Administration and Ministerial Functions) Order, 1981.

(2) This Order shall come into operation on the 1st day of January, 1981.

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 Industry, Commerce and Tourism.

(2) References to the Department of Transport 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 Industry, Commerce and Tourism.

4. (1) The functions vested in the Minister for Transport by or under the Shannon Free Airport Development Company Acts, 1959 to 1980, other than those transferred by the Shannon Free Airport Development Company (Transfer of Departmental Administration and Ministerial Functions) Order, 1968 ( S.I. No. 219 of 1968 ), are hereby transferred to the Minister for Industry, Commerce and Tourism.

(2) References to the Minister for Transport 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 Industry, Commerce and Tourism.

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

(a) the said property, real and personal, shall, on such commencement, vest in the Minister for Industry, Commerce and Tourism,

(b) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Industry, Commerce and Tourism,

(c) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Industry, Commerce and Tourism.

(2) All moneys, stocks, shares and securities transferred to the Minister for Industry, Commerce and Tourism by this Article which, on such commencement, are standing in the name of the Minister for Transport, shall upon the request of the Minister for Industry, Commerce and Tourism be transferred into his name.

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

8. Every document (including a certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and 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 Industry, Commerce and Tourism.

9. References to the Minister for Transport contained in the memorandum and articles of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Industry, Commerce and Tourism.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for Industry, Commerce and Tourism and to the Department of Industry, Commerce and Tourism, respectively, Ministerial functions and Departmental administration in relation to the Shannon Free Airport Development Company Limited.