S.I. No. 128/1987 - Arterial Drainage (Transfer of Ministerial Functions) Order, 1987.


S.I. No. 128 of 1987.

ARTERIAL DRAINAGE (TRANSFER OF 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 Arterial Drainage (Transfer of Ministerial Functions) Order, 1987.

(2) This Order shall come into operation on the 5th day of May, 1987.

2. In this Order "functions" includes powers and duties.

3. (1) The functions vested by virtue of the Arterial Drainage (Transfer of Ministerial Functions) Order, 1986 ( S.I. No. 448 of 1986 ), in the Minister for Agriculture and Food by or under the Arterial Drainage Act, 1945 (No. 3 of 1945) (as adapted by the Agriculture (Alteration of name of Department and Title of Minister) Order, 1987 ( S.I. No. 97 of 1987 )) are hereby transferred to the Minister for Finance.

(2) References to the Minister for Agriculture and Food 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 Finance.

4. 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 Finance, the name of the Minister for Finance, 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.

5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Agriculture and Food or anything carried on by him by virtue of Article 5 of the Arterial Drainage (Transfer of Ministerial Functions) Order, 1986, may, so far as it relates to functions transferred by this Order to the Minister for Finance, be carried on or completed on or after such commencement by the Minister for Finance.

6. Every document (including any certificate of licence) 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 commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for Finance.

7. References to the Minister for Agriculture and Food contained in the memorandum and articles of association of any company once 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 Finance.

8. (1) All property (real or personal), 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 Finance and, accordingly without any further conveyance, transfer or assignment—

(a) the said property, real and personal, shall, on the commencement of this Order, vest in the Minister for Finance,

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

(c) the said liabilities shall, as on and from the commencement of this Order, be the liabilities of the Minister for Finance.

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

GIVEN under the Official Seal of the Government, 5th day of May, 1987.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Finance, with effect from the operative date of this Order, Ministerial functions in relation to Arterial Drainage.