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S.I. No. 300/1997 - Forestry (Transfer of Departmental Administration and Ministerial Functions) Order, 1997

S.I. No. 300 of 1997.

FORESTRY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1997

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 Forestry (Transfer of Departmental Administration and Ministerial Functions) Order, 1997.

(2) This Order shall come into operation on the 11th day of July, 1997.

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 Marine.

(2) References to the Department of Agriculture, Food and Forestry 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 Marine.

4. (1) There are hereby transferred to the Minister for the Marine functions vested in the Minister for Agriculture, Food and Forestry by or under the Forestry Act, 1946 (No. 13 of 1946), as amended by the Forestry Act, 1956 (No. 6 of 1956), and the Forestry Act, 1988 (No. 26 of 1988).

(2) References to the Minister for Agriculture, Food and Forestry 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 the Marine.

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

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 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 the Marine.

8. References to the Minister for Agriculture, Food and Forestry 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 the Marine.

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

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

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

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

GIVEN under the Official Seal of the Government, this 8th day of July, 1997.

BERTIE AHERN T.D.

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for the Marine with effect from the date specified Ministerial functions and Departmental administration in relation to Forestry.