S.I. No. 298/2002 - National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002

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 National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002.

(2) This Order comes into operation on 18 June 2002.

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 transferred to the Department of Public Enterprise.

(2) References to the Department of the Environment and Local Government 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 Public Enterprise.

4. (1) The functions vested in the Minister for the Environment and Local Government-

(a) by or under -

(i) the Road Traffic Acts 1961 to 2002,

(ii) the Local Government (Corporate Bodies) Act 1971 (No. 6 of 1971) in relation to the Dublin Transportation Office and the National Safety Council,

(iii) the Local Authorities (Traffic Wardens) Act 1975 (No. 14 of 1975), and

(iv) the Roads Acts 1993 and 1998 except in so far as the functions under sections 8 (2), 14 (5) and (6), 15 and 82 of the Roads Act 1993 (No. 14 of 1993) relate to local and regional roads (within the meaning of that Act),

(b) under -

(i) the European Communities (Vehicle Testing) Regulations 1991 to 2002,

(ii) the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations 2001 ( S.I. No. 374 of 2001 ),

(iii) the European Communities (Passenger Car Entry into Service Regulations 2001 ( S.I. No. 373 of 2001 ),

(iv) the European Communities (Proof of Compliance) Regulations 2000 ( S.I. No. 223 of 2000 ),

(v) the European Communities (Speed Limitation Devices Regulations 1993 ( S.I. No. 300 of 1993 ), and

(vi) the European Communities (Licensing of Drivers) Regulations 2001 ( S.I. No. 168 of 2001 ),

are transferred to the Minister for Public Enterprise.

(2) References to the Minister for the Environment and Local Government 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 Public Enterprise.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for the Environment and Local Government 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 the 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 Minister for the Environment and Local Government 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 the Environment and Local Government may, in so far 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 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 Public Enterprise.

8. References to the Minister for the Environment and Local Government 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 Public Enterprise.

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

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

(2) All moneys, stocks, shares and securities transferred to the Minister for Public Enterprise by this Article which, on such commencement, are standing in the name of the Minister for the Environment and Local Government shall on the request of the Minister for Public Enterprise be transferred into the name of the Minister for Public Enterprise.

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GIVEN under the Official Seal of the Government,

18 June 2002.

Bertie Ahern T.D.

Taoiseach

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for Public Enterprise and to the Department of Public Enterprise, respectively, with effect from the date of this Order, Departmental Administration and Ministerial functions in relation to Roads (other than local roads), traffic and road safety.