S.I. No. 690/2003 - Environment, Heritage and Local Government (Transfer of Departmental Administration and Ministerial Functions) Order 2003


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.         This Order may be cited as the Environment, Heritage and Local Government (Transfer of Departmental Administration and Ministerial Functions) Order 2003.

2.         In this Order-

“functions” includes powers and duties;

“Minister” means the Minister for the Environment, Heritage and Local Government;

“relevant property” means a property in the guardianship, ownership or under the management of the Minister by or under any of the Acts mentioned in the Schedule to this Order or subsequently acquired by the Minister or placed in his or her guardianship or ownership by or under the National Monuments Acts 1930 to 1994.

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 Finance.

(2)        References to the Department of Environment, Heritage and Local Government in any act or any instrument made under such Act 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 Finance.

4.         (1)        Those functions vested in the Minister by or under any of the Acts mentioned in the Schedule to this Order are, to the extent and only to the extent that they relate to the day-to-day operation of a relevant property, transferred to the Minister for Finance.

(2)        References to the Minister contained in any act or any instrument made under such Act 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 Finance.

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

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 Finance.

8.         References to the Minister contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

9.         All rights and liabilities enjoyed or incurred before the commencement of this Order by the Minister in connection with the functions transferred by this Order shall be and are transferred to the Minister for Finance and, accordingly, without any further transfer or assignment-

(a)        those rights are the rights of the Minister for Finance, and

(b)        those liabilities are the liabilities of the Minister for Finance.

GIVEN under the Official Seal of the Government,

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16th December 2003.

BERTIE AHERN T.D.

Taoiseach

SCHEDULE

ENACTMENTS, FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT TO THE MINISTER FOR FINANCE

The Irish Church Act 1869 (32 & 33 Vict. C. 42)

Saint Stephen's Green (Dublin) Act 1877 (40 & 41 Vict. C. cxxxiv)

Section 14 of the Irish Land Act 1903 (3 Edw. 7. C. 37)

Phoenix Park Act 1925 (No. 31 of 1925)

Section 2 (2) of the Ministers and Secretaries (Amendment) Act 1928 (No. 6 of 1928) in so far as it relates to the Royal Botanic Gardens.

National Monuments Acts 1930 to 1994

Holy Cross Abbey (County Tipperary) Act 1969 (No. 7 of 1969)

EXPLANATORY NOTE

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

This Order transfers the built heritage function from the Minister of Environment, Heritage & Local Government to the Minister for Finance with effect from 1 January 2004.