S.I. No. 158/1933 - Forestry (Re-Distribution of Public Services Order, 1933.


STATUTORY RULES AND ORDERS. 1933. No. 158.

FORESTRY (RE-DISTRIBUTION OF PUBLIC SERVICES ORDER, 1933.

WHEREAS it is enacted by sub-section (2) of section 12 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that it shall be lawful for the Executive Council from time to time by order to re-distribute all or any of the public services and officers and the administration, jurisdiction, powers, duties and functions thereof amongst the several Ministers and Departments of State or any of them in any manner which may seem to the Executive Council to be expedient or proper in the public interests, and to make such orders consequential on or necessary for giving effect to any such re-distribution as the Executive Council may consider expedient or proper:

AND WHEREAS it seems to the Executive Council to be expedient in the public interests that the public services and officers of the Minister for Agriculture concerned with forestry and the administration, jurisdiction, powers, duties and functions thereof should be re-distributed and transferred to the Minister for Lands and Fisheries, and the Executive Council considers that the provisions hereinafter contained consequential on or necessary for giving effect to such redistribution are expedient and proper:

NOW. the Executive Council, in exercise of the powers conferred on them by sub-section (2) of section 12 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. This Order may be cited for all purposes as the Forestry (Re-distribution of Public Services) Order, 1933.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. This Order shall come into operation on the 1st day of December, 1933.

4. The public services and officers of the Minister for Agriculture concerned with forestry and matters connected with or relating to forestry and in particular the functions, powers, and duties formerly vested in the Saorstát Eireann Forestry Commissioners and transferred from those Commissioners by the Saorstát Eireann Forestry Commissioners (Transfer of Functions) Order, 1927 (S.R.O. 1927, No. 69), and the administration, jurisdiction, powers, duties, and functions thereof are hereby transferred to the Minister for Lands and Fisheries.

5. All lands, hereditaments, tenements, and premises situate in Saorstát Eireann and all chattels and other choses-in-possession which, immediately before the commencement of this Order, are vested in or held by the Minister for Agriculture (whether by that title or by his former title of Minister for Lands and Agriculture) for any estate or interest whatsoever for the purposes of or in relation to a public service transferred by this Order shall, at and upon such commencement, become and be vested, by virtue of this Order and without the necessity for any other conveyance or assignment or any delivery, in the Minister for Lands and Fisheries by the several tenures and for the several estates, terms, and interests by and for which the same were respectively so vested in or held by the Minister for Agriculture, but subject, in the case of lands, hereditaments, tenements, and premises, to all leases, incumbrances, trusts, and equities affecting the same respectively in the hands of the Minister for Agriculture immediately before such commencement.

6. Every mention of or reference to the Minister for Lands and Agriculture or to the Minister for Agriculture contained in any Act of the Oireachtas and relating to a public service transferred by this Order and in particular every mention of the Minister for Agriculture contained in the Forestry Act, 1928 (No. 34 of 1928), shall be construed and have effect as a mention of or reference to the Minister for Lands and Fisheries.

7. Nothing in this Order shall apply to or affect any of the powers or duties of the Minister for Agriculture in relation to forestry schemes under the Agriculture Act, 1931 (No. 8 of 1931), or prevent, prejudice, or affect the performance by the said Minister of such functions in relation to forestry as are properly incidental and subordinate to the due and proper performance by the said Minister of functions primarily concerned with other matters.

DUBLIN.

This 1st day of December, 1933.