S.I. No. 91/1987 - Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987.

S.I. No. 91 of 1987.

COMMUNICATIONS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1987.

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 Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987.

(2) This Order shall come into operation on the 31st day of March, 1987.

2. In this Order "functions" includes power 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 the Marine.

(2) References to the Department of Communications 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 the Marine.

4. (1) The functions vested in the Minister for Communications—

(a) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40 of 1983) which relate to functions under any of the statutes and orders mentioned in Parts I and II of the Schedule to this Order, or

(b) by or under any of the statutes mentioned in Part III of the Schedule to this Order, or

(c) by or under any of the Statutes mentioned in the third column of Part IV of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number

are hereby transferred to the Minister for the Marine.

(2) References to the Minister for Communications 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 the Marine.

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

7. 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 were operative immediately before the commencement of this Order, have effect on or after such commencement as if it had been granted or made by the Minister for the Marine.

8. References to the Minister for Communications contained in the memorandum and articles of association 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 the Marine.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Communications in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for the Marine 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 the Marine,

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

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

SCHEDULE

PART I

Statutes, functions under which were vested in the Minister for Communications by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983, and which are transferred to the Minister for the Marine—

Pilotage Order Confirmation Act, 1897

Merchant Shipping Acts, 1894 to 1983

Public Health Act (Amendment) Act, 1907

Pilotage Act, 1913

Pilotage Orders Confirmation (No. 2) Act, 1920

Pilotage Orders Confirmation (No. 4) Act, 1921

Pilotage Orders Confirmation Act, 1924

Pilotage Orders Confirmation Act, 1926

Pilotage Orders Confirmation Act, 1927

Pilotage Orders Confirmation Act, 1928

Pilotage Bye-law Confirmation Act, 1932

Foreshore Act, 1933

Carriage by Sea (Heavy Articles) Act, 1934

Harbours (Regulation of Rates) Act, 1934

Lough Corrib Navigation Act, 1945

Lough Erne Navigation Act, 1945

Harbours Acts, 1946 to 1976

the Acts, insofar as they are unrepealed, mentioned in the Third Schedule to the Harbours Act, 1946 , and the Acts mentioned in the Fourth Schedule to that Act

Irish Shipping Limited Acts, 1947 to 1984

Mercantile Marine Act, 1955

Oil Pollution of the Sea Acts, 1956 to 1977

Pilotage (Amendment) Act, 1962

Shipping Investment Grants Act, 1969

Dumping at Sea Act, 1981

PART II

Orders functions under which were vested in the Minister for Communications by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983, which are transferred to the Minister for the Marine—

Emergency Powers (No. 263) Order, 1943

The Orders in so far as they are unrevoked mentioned in the Third Schedule to the Harbour Act, 1946.

PART III

Statutes function under which are transferred from the Minister for Communications to the Minister for the Marine—

Free Ports Act, 1986

PART IV

Statutes, certain functions under which are transferred from the Minister for Communications to the Minister for the Marine

Ref. No.

Statute

Provisions of the Statutes mentioned in the second column, functions under which are transferred to the Minister for the Marine

(1)

(2)

(3)

Sea Fisheries (Ireland) Act, 1846

Section 70

Public Health Acts (Amendment) Act, 1907

Section 82 (4)

Ministry of Transport Act, 1919

Provisions relating to inland navigation, sea transport, harbours (other than Rosslare Harbour), docks and piers

Electricity (Supply) Act, 1927

Section 55

Arterial Drainage Act, 1945

Section 7 (1) (b)

Local Government Act, 1946

So much of sections 47, 48, 57 and 60 as relate to the construction, reconstruction of bridges, viaducts and tunnels over or under canals or navigable waters; section 56 (2)

State Property Act, 1954

Provisions relating to reclaimed foreshore

Consular Conventions Act, 1954

Section 12 (1)

Fisheries (Consolidation) Act, 1959

Section 269

10.

Coast Protection Act, 1963

Section 10 (5), in so far as it relates to consultation with the Minister; section 17 (1) (c)

11.

Wildlife Act, 1976

Section 15 (2), in so far as it relates to consultation with the Minister