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S.I. No. 443/1994 - Heritage (Transfer of Departmental Administration and Ministerial Functions) Order, 1994.

S.I. No. 443 of 1994.

HERITAGE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1994.

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. This Order may be cited as the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order, 1994.

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

" the Minister" means the Minister for Finance.

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 Arts, Culture and the Gaeltacht.

(2) References to the Department of Finance 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 Arts, Culture and the Gaeltacht.

4. (1) There are hereby transferred to the Minister for Arts, Culture and the Gaeltacht:

( a ) the functions vested in the Minister by or under the Whale Fisheries Act, 1937 (No. 4 of 1937) and the Wildlife Act, 1976 (No. 39 of 1976), that were transferred to the Minister by the Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 156 of 1987 ), and

( b ) the functions vested in the Minister by or under the European Communities ( Wildlife Act, 1976 ) (Amendment) Regulations 1986 ( S.I. No. 254 of 1986 ) that were transferred to the Minister from the Minister for the Marine by the Wildlife (Transfer of Departmental Administration and Ministerial Functions) Order, 1990 (S.I. No. 207).

(2) References to the Minister 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 Arts, Culture and the Gaeltacht.

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

7. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and insofar 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 Arts, Culture and the Gaeltacht.

8. References to the Minister contained in the memorandum or 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 Arts, Culture and the Gaeltacht.

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

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

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

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

GIVEN under the Official Seal of the Government, this 20th day

of December, 1994.

JOHN BRUTON,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Arts, Culture and the Gaeltacht, with effect from the date specified, certain Ministerial functions and Departmental administration in relation to heritage.