S.I. No. 220/2001 - Digital Media Development Limited (Transfer of Departmental Administration and Ministerial Functions) Order, 2001

The Government, in exercise of the powers conferred on them by section 6 (1)(f) of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), hereby order as follows:

1.       This Order may be cited as the Digital Media Development Limited (Transfer of Departmental Administration and Ministerial Functions) Order, 2001

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 Public Enterprise.

(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 Public Enterprise.

4.       There are hereby transferred to the Minister for Public Enterprise the functions vested in the Taoiseach under or in relation to Digital Media Development Limited.

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 Public Enterprise, the name of the Minister for Public Enterprise 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, insofar as it relates to functions transferred by this Order to the Minister for Public Enterprise, be carried on or completed on or after such commencement by the Minister for Public Enterprise.

7.       Every document (including any agreement) 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 Public Enterprise or on his or her behalf.

8.       References to the Taoiseach contained in the memorandum and articles of association of Digital Media Development Limited 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 Public Enterprise.

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 Public Enterprise 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 Public Enterprise,

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

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

(2)     All moneys, stock, shares and securities transferred to the Minister for Public Enterprise by this Article which, on such commencement, are standing in the name of the Taoiseach shall, on the request of the Minister for Public Enterprise, be transferred into his or her name.

EXPLANATORY NOTE

This Order transfers to the Minister for Public Enterprise with effect from the date specified Ministerial functions and Departmental administration in relation to Digital Media Development Limited.