S.I. No. 66/1996 - Aran Islands Transport (Transfer of Departmental Administration and Ministerial Functions) Order, 1996.


S.I. No. 66 of 1996.

ARAN ISLANDS TRANSPORT (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1996.

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 Aran Islands Transport (Transfer of Departmental Administration and Ministerial Functions) Order 1996.

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 the Taoiseach.

(2) References to the Department of Transport, Energy and Communications contained in any Act or any 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 Taoiseach.

4. (1) There are hereby transferred to the Taoiseach the functions vested in the Minister for Transport, Energy and Communications under the Aran Islands Transport Act, 1946 (No. 5 of 1946).

(2) References to the Minister for Transport, Energy and Communications contained in the Aran Islands Transport Act, 1946 , in so far as they relate to the administration and business transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Taoiseach.

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

7. Every document 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 Taoiseach.

8. References to the Minister for Transport, Energy and Communications contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the commencement of this Order be construed as references to the Taoiseach.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Transport, Energy and Communications in connection with the functions transferred by this Order shall be and are hereby transferred to the Taoiseach and, accordingly, without any further transfer or assignment

(a) the said property shall, on such commencement, vest in the Taoiseach.

(b) the said rights shall, as on and from such commencement, be enjoyed by the Taoiseach.

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

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

Given under the Official Seal of the Government, this 20th

day of March, 1996.

JOHN BRUTON

TAOISEACH