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S.I. No. 80/1983 - National Board For Science and Technology (Transfer of Departmental Administration and Ministerial Functions) Order, 1983.

S.I. No. 80 of 1983.

NATIONAL BOARD FOR SCIENCE AND TECHNOLOGY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1983.

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

1. This Order may be cited as the National Board for Science and Technology (Transfer of Departmental Administration and Ministerial Functions) Order, 1983.

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 and Energy.

(2) References to the Department of the Taoiseach 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 and Energy.

4. (1) The functions vested in the Taoiseach by or under the National Board for Science and Technology Act, 1977 (No. 25 of 1977) and transferred by the National Board for Science and Technology (Transfer of Departmental Administration and Ministerial Functions) Order, 1980 ( S.I. No. 37 of 1980 ), are hereby transferred to the Minister for Industry and Energy.

(2) References to the Taoiseach 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 and Energy.

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

7. Every document (including any 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 and Energy.

8. References to the Taoiseach 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 commencement of this Order, be construed as references to the Minister for Industry and Energy.

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

(i) the said property, real and personal, shall on such commencement, vest in the Minister for Industry and Energy,

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

(iii) the said liabilities shall, as on and from the commencement of this Order, be the liabilities of the Minister for Industry and Energy.

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

GIVEN under the Official Seal of the Government, this 15th day of March, 1983.

GARRET FITZGERALD,

Taoiseach.