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S.I. No. 122/1987 - Agricultural Education (Transfer of Departmental Administration and Ministerial Functions) Order, 1987.

S.I. No. 122 of 1987.

AGRICULTURAL EDUCATION (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 Agricultural Education (Transfer of Departmental Administration and Ministerial Functions) Order, 1987.

(2) This Order shall come into operation on the 28th day of April, 1987.

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 Education.

(2) References to the Department of Agriculture and Food 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 Education.

4. (1) The functions vested in the Minister for Agriculture and Food by or under—

(a) section 2 of the Ministers and Secretaries (Amendment) Act, 1928 (No. 6 of 1928), which relate to the financing of higher education in agriculture, dairy science and veterinary science, in so far as such functions are vested in that Minister by the words "education in agriculture and in subjects relating thereto" in subsection (2) of that section, and

(b) sections 12 and 13 of the University Education (Agriculture and Dairy Science) Act, 1926 (No. 32 of 1926),

are hereby transferred to the Minister for Education.

(2) References to the Minister for Agriculture and Food contained in any Act or instrument made thereunder and relating to any of the functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Education.

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

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 Education.

8. References to the Minister for Agriculture and Food 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 Education.

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

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

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

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

GIVEN under the Official Seal of the Government, this 28th day of April, 1987.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Education with effect from the operative date of this order, funding functions in relation to the university faculties of agriculture, veterinary medicine and dairy science.