S.I. No. 381/2020 - Promotion of Foreign Trade (Transfer of Departmental Administration and Ministerial Functions) Order 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd October, 2020.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 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 Promotion of Foreign Trade (Transfer of Departmental Administration and Ministerial Functions) Order 2020.

(2) This Order comes into operation on 23 September 2020.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.

(2) References to the Department of Foreign Affairs and Trade contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Foreign Affairs and Trade in relation to the Government strategy for the promotion and development of overseas trade, tourism and investment consisting of -

(a) managing and chairing the Export Trade Council (formerly known as the Foreign Trade Council),

(b) convening, chairing and managing joint economic commissions, and

(c) developing, where appropriate, new joint economic commissions,

are transferred to the Minister for Business, Enterprise and Innovation.

(2) References to the Minister for Foreign Affairs and Trade contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Foreign Affairs and Trade is a party and the proceedings have reference to functions transferred by this Order to the Minister for Business, Enterprise and Innovation, the name of the Minister for Business, Enterprise and Innovation 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 Foreign Affairs and Trade or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Foreign Affairs and Trade may, in so far as it relates to functions transferred by this Order to the Minister for Business, Enterprise and Innovation, be carried on or completed on or after such commencement by the Minister for Business, Enterprise and Innovation.

6. Every document (including any certificate or licence) granted or made in the performance 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 from such commencement as if it had been granted or made by the Minister for Business, Enterprise and Innovation.

7. References to the Minister for Foreign Affairs and Trade contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Foreign Affairs and Trade in connection with the functions transferred by this Order are transferred to the Minister for Business, Enterprise and Innovation and, accordingly, without any further conveyance, transfer or assignment, on such commencement -

(a) that property, both real and personal, vests in the Minister for Business, Enterprise and Innovation,

(b) those rights shall be enjoyed by the Minister for Business, Enterprise and Innovation, and

(c) those liabilities are liabilities of the Minister for Business, Enterprise and Innovation.

(2) All moneys, stocks, shares and securities transferred to the Minister for Business, Enterprise and Innovation by this Article which, on the commencement of this Order, are standing in the name of the Minister for Foreign Affairs and Trade shall on the request of the Minister for Business, Enterprise and Innovation be transferred into the name of the Minister for Business, Enterprise and Innovation.

GIVEN under the Official Seal of the Government,

22 September, 2020.

MICHEÁL MARTIN,

Taoiseach.