Air Navigation and Transport Act, 1988

Transfer of certain functions to Minister.

45.—(1) The functions under the Customs-free Airport Act, 1947 , which are vested in the Minister for Communications under or by virtue of the Ministers and Secretaries (Amendment) Act, 1983 , are hereby transferred to the Minister and the said Customs-free Airport Act, 1947 , shall be construed and have effect accordingly.

(2) The functions under the Free Ports Act, 1986 , in relation to the establishment, management and control of a free port at or adjacent to an aerodrome and the licensing of persons to carry on any trade, business or manufacture within any such free port which are vested in the Minister for the Marine under or by virtue of the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 (S.I. No. 91 of 1987), are hereby transferred to the Minister and the said Free Ports Act, 1986 , shall be construed and have effect accordingly.

(3) The administration and business in connection with the performance of any functions transferred by subsection (1) or (2) are hereby transferred to the Department of Tourism and Transport.

(4) (a) References to the Minister for Communications or the Department of Communications in any statute or statutory instrument shall, in so far as it relates to any function transferred by subsection (1), be construed as references to the Minister or the Department of Tourism and Transport as the case may require.

(b) References to the Minister for the Marine or the Department of the Marine in any statute or statutory instrument shall, in so far as it relates to any function transferred by subsection (2), be construed as references to the Minister or the Department of Tourism and Transport as the case may require.

(5) In this section—

“functions” includes powers, duties and obligations and reference to the performance of a function includes, as respects powers, duties and obligations, reference to the exercise of the powers and the carrying out of the duties and obligations;

“statutory instrument” has the meaning assigned to it by the Interpretation Act, 1937 .