S.I. No. 331/1997 - Aran Islands Transport (Transfer of Departmental Administration and Ministerial Functions) Order, 1997.


S.I. No. 331 of 1997.

ARAN ISLANDS TRANSPORT (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 Aran Islands Transport (Transfer of Departmental Administration and Ministerial Functions) Order, 1997.

(2) This Order shall come into operation on the 28th 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 Arts, Heritage, Gaeltacht and the Islands.

(2) References to the Department of the Taoiseach 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 Arts, Heritage, Gaeltacht and the Islands.

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

(2) References to the Taoiseach 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, Heritage, Gaeltacht and the Islands.

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

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 Arts, Heritage, Gaeltacht and the Islands.

8. References to the Taoiseach 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 Arts, Heritage, Gaeltacht and the Islands.

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

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

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

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

GIVEN under the Official Seal of the Government, this 28th day of July, 1997.

BERTIE AHERN, T.D.,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Arts, Heritage, Gaeltacht and the Islands with effect from the date specified Ministerial functions and Departmental administration in relation to Aran Islands Transport.