S.I. No. 299/2002 - Broadcasting (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 Broadcasting (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;

“television set” has the meaning assigned to it by section 1 (as amended by section 2 (2) of the Broadcasting and Wireless Telegraphy Act 1988 (No. 19 of 1988)) of the Wireless Telegraphy Act 1972 (No. 5 of 1972).

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 the Marine and Natural Resources.

(2)      References to the Department of Arts, Heritage, Gaeltacht and the Islands 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 the Marine and Natural Resources.

4.         (1)      The functions vested in the Minister for Arts, Heritage, Gaeltacht and the Islands-

(a)        by or under any of the Acts or the provisions of the Acts mentioned in the Schedule to this Order, and

(b)        the European Communities (Television Broadcasting) Regulations 1991 ( S.I. No. 251 of 1991 ),

are transferred to the Minister for the Marine and Natural Resources.

(2)      References to the Minister for Arts, Heritage, Gaeltacht and the Islands 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 and Natural Resources.

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

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 and Natural Resources.

8.         References to the Minister for Arts, Heritage, Gaeltacht and the Islands 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 and Natural Resources.

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

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

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

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

SCHEDULE

Acts and provisions of Acts, functions under which are transferred from the Minister for Arts Heritage, Gaeltacht and the Islands to the Minister for the Marine and Natural Resources.

Sections 5 to 8 and 13 (in so far as they relate to television sets) of the Wireless Telegraphy Act 1926 (No. 45 of 1926)

Broadcasting Authority Acts 1960 to 2001

Wireless Telegraphy Act 1972 (No. 5 of 1972)

Sections 76 and 78 (in so far as they relate to television sets) of the Postal and Telecommunications Services Act 1983 (No. 24 of 1983)

Section 10 of the Broadcasting and Wireless Telegraphy Act 1988 (No. 19 of 1988)

Radio and Television Act 1988 (No. 20 of 1988)

Broadcasting Act 1990 (No. 24 of 1990)

Broadcasting (Major Events Television Coverage) Act 1999 (No. 28 of 1999)

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 the Marine and Natural Resources and to the Department of the Marine and Natural Resources, respectively, with effect as from the date of this Order, the Departmental Administration and Ministerial functions in relation to Broadcasting.