S.I. No. 417/1947 - Agriculture and Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1947.


STATUTORY RULES AND ORDERS. 1947. No. 417.

AGRICULTURE AND HEALTH (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1947.

ARRANGEMENT OF ARTICLES.

PART I.

PRELIMINARY AND GENERAL.

Article.

1. Short title and commencement.

2. Interpretation.

PART II.

TRANSFER TO THE MINISTER FOR AGRICULTURE OF CERTAIN FUNCTIONS OF THE MINISTER FOR HEALTH.

3. Definitions for purposes of Part II.

4. Transfer to the Department of Agriculture of administration and business connected with transferred (Part II) functions and consequential adaptations.

5. Transfer to the Minister for Agriculture of certain functions of the Minister for Health under enactments mentioned in First Schedule and consequential adaptations.

6. Transfer to the Minister for Agriculture of functions of the Minister for Health in respect of certain offices and employments under local authorities set out in Second Schedule and consequential adaptations.

7. Transfer to the Minister for Agriculture of certain functions of the Minister for Health under the Local Government Act, 1941, and the Local Government Act, 1946 and consequential adaptations.

8. Transfer to the Minister for Agriculture of certain powers of the Minister for Health under Section 51 of Local Government (Ireland) Act, 1898.

9. Transfer to the Minister for Agriculture of certain powers of the Minister for Health in relation to surcharges, charges and allowances.

10. Adaptations of enactments mentioned in Third Schedule.

11. Transfer of property, rights and liabilities in connection with transferred (Part II) functions.

12. Pending legal proceedings in relation to transferred (Part II) functions.

Article.

13. Completion by transferee Minister of acts, in relation to transferred (Part II) functions, commenced before the operative date.

14. Continuance of certain licences, etc.

PART III.

TRANSFER TO MINISTER FOR HEALTHE OF CERTAIN FUNCTIONS OF THE MINISTER FOR AGRICULTURE UNDER THE MILD AND DAIRIES ACT, 1935.

15. Definition for purposes of Part III.

16. Transfer to the Minister for Health of certain functions of the Minister for Agriculture under the Act of 1935.

17. Adaptation of certain references to the Minister for Agriculture in the Act of 1935.

FIRST SCHEDULE.

PART I.—ENACTMENTS, FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR HEALTH TO THE MINISTER FOR AGRICULTURE.

PART II.—ACTS, CERTAIN FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR HEALTH TO THE MINISTER FOR AGRICULTURE.

SECOND SCHEDULE.

OFFICES AND EMPLOYMENTS AND EMPLOYMENTS UNDER LOCAL AUTHORITIES, THE FUNCTIONS OF THE MINISTER FOR HEALTH IN RESPECT OF WHICH CERTAIN ENACTMENTS ARE TRANSFERRED TO THE MINISTER FOR AGRICULTURE.

THIRD SCHEDULE.

Adaptation of certain enactments.

S.I. No. 417 of 1947.

AGRICULTURE AND HEALTH (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1947.

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), and of every and any other power them in this behalf enabling, hereby order as follows, that is to say :—

PART I. PRELIMINARY AND GENERAL.

1 Short title and commencement.

1.—(1) This Order may be cited as the Agriculture and Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1947.

(2) This Order shall come into operation on the 1st day of January, 1948.

2 Interpretation.

2.—(1) In this Order—

functions.

the word " functions " includes powers and duties ;

operative date.

the expression " the operative date " means the 1st day of January, 1948.

(2) References in this Order to any enactment shall be construed as references to any instrument made under that enactment.

(3) References in this Order to any enactment which has been amended by—

(a) a subsequent enactment, or

(b) an order made under Section 2 of the Emergency Powers Act, 1939 (No. 28 of 1939), and continued in force by Section 3 of the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946),

shall be construed as references to such first-mentioned enactment as so amended.

(4) References in the Order to any enactment which has been adapted by the Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1947 ( S. R. & O. No. 58 of 1947 ), shall be construed as references to that enactment as so adapted.

PART II. TRANSFER TO THE MINISTER FOR AGRICULTURE OF CERTAIN FUNCTIONS OF THE MINISTER FOR HEALTH.

3 Definitions for purposes of Part II.

3. In this Part—

transferee Minister.

the expression " the transferee Minister " means the Minister for Agriculture ;

transferor Minister.

the expression " the transferor Minister " means the Minister for Health ;

transferred (Part II) functions.

the expression " the transferred (Part II) functions " means the functions transferred by this Part from the transferor Minister to the transferee Minister.

4 Transfer to the Department of Agriculture of administration and business connected with transferred (Part II) functions and consequential adaptations.

4.—(1) The administration and business in connection with the exercise, performance or execution of the transferred (Part II) functions are hereby transferred to the Department of Agriculture.

(2) In—

(a) any enactment mentioned in Part I of the First Schedule hereto, and

(b) the provisions (mentioned in column (3) of Part II of the said First Schedule at any reference number) of any Act mentioned in column (2) of the said Part II at the said reference number,

references to the Department of Health shall, on and after the operative date, be construed as references to the Department of Agriculture.

5 Tranfer to the Minister for Agriculture of certain functions of the Minister for Health under enactments mentioned in First Schedule and consequential adaptations.

5.—(1) (a) The functions of the transferor Minister under the enactments mentioned in Part I of the First Schedule hereto are hereby transferred to the transferee Minister.

(b) In the enactments mentioned in Part I of the First Schedule hereto, references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(2) (a) The functions of the transferor Minister under the provisions (mentioned in column (3) of Part II of the First Schedule hereto at any reference number) of any Act mentioned in column (2) of the said Part II at the said reference number are hereby transferred to the transferee Minister.

(b) In the provisions (mentioned in column (3) of Part II of the First Schedule hereto at any reference number) of any Act mentioned in column (2) of the said Part II at the said reference number, references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

6 Transfer to the Minister for Agriculture of functions of the Minister for Health in respect of certain offices and employments under local authorities set out in Second Schedule and consequential adaptations.

6.—(1) The functions of the transferor Minister under any enactment to which this Article applies, so far as those functions relate to any office or employment, under a local authority (within the meaning of Part II of the Local Government Act, 1941 (No. 23 of 1941)), set out in the Second Schedule hereto or to the holder of any such office or employment, are hereby transferred to the transferee Minister.

(2) In the application of any enactment to which this Article applies in relation to the functions transferred by sub-article (1) of this Article, the references therein to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) This Article applies to—

(a) the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), except Section 12,

(b) section 12 of the Milk and Dairies Act, 1935 (No. 22 of 1935),

(c) the Local Authorities (Officers and Employees) (Amendment) Act, 1940 (No. 15 of 1940),

(d) Part II of the Local Government Act, 1941 (No. 23 of 1941), and

(e) Part III of the Local Government Act, 1946 (No. 24 of 1946).

7 Transfer to the Minister for Agriculture of certain functions of the Minister for Health under the Local Government Act, 1941 , and the Local Government Act, 1946 and consequential adaptations.

7.—(1) The functions of the transferor Minister under any enactment to which this Article applies, so far as those functions relate to, or are exercisable or performable for the purpose of any function transferred to the transferee Minister by any other Article contained in this Part of this Order, are hereby transferred to the transferee Minister.

(2) In the application of any enactment to which this Article applies in relation to the functions transferred by sub-article (1) of this Article, references therein to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) This Article applies to—

(a) sections 83 and 84 of the Local Government Act, 1941 (No. 23 of 1941), and

(b) sections 89 , 90 and 91 of the Local Government Act, 1946 (No 24 of 1946).

(4) Nothing in this Article shall be construed as affecting the powers of the Minister for Local Government to hold, for the purposes of section 44 of the Local Government Act, 1941 (No. 23 of 1941), a local inquiry into the performance by a local authority of their duties.

8 Tranfer to the Minister for Agriculture of certain powers of the Minister for Health under section 51 of Local Government (Ireland) Act, 1898.

8.—(1) The power of the transferor Minister, under section 51 of the Act of 1898, to extend the time within which payment may be made of any debt, claim or demand which is directly or indirectly payable out of the county rate and arose in the administration by a local authority of any enactment (functions under which are transferred to the transferee Minister by any other Article contained in this Part of this Order), is hereby transferred to the transferee Minister.

(2) In the application of section 51 of the Act of 1898 and section 4 of the Local Government (Ireland) Act, 1902 in relation to the power transferred by sub-article (1) of this Article, the references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

(3) In this Article, the expression " the Act of 1898 " means the Local Government (Ireland) Act, 1898.

9 Transfer to the Minister for Agriculture of certain powers of the Minister for Health in relation to surcharges, charges and allowances.

9.—(1) The powers of the transferor Minister under the following enactments, namely—

(a) section 12 of the Local Government (Ireland) Act, 1871,

(b) subsection (2) of section 63 of the Local Government (Ireland) Act, 1898, and

(c) subsection (8) of section 68 of the Local Government Act, 1946 (No. 24 of 1946),

in so far as these powers relate to a surcharge, charge or allowance which is made by a Local Government auditor on the audit of the accounts of a local authority and which arises in connection with the administration of any enactment (functions under which are transferred to the transferee Minister by any other Article contained in this Part of this Order), are hereby transferred to the transferee Minister.

(2) In the application of—

(a) the enactments mentioned in sub-article (1) of this Article, and

(b) sections 70 and 71 of the Local Government Act, 1941 (No. 25 of 1941),

in relation to the powers transferred by sub-article (1) of this Article, the references to the transferor Minister shall, on and after the operative date, be construed as references to the transferee Minister.

10 Adaptations of enactments mentioned in Third Schedule.

10. The enactments mentioned in column (2) of the Third Schedule hereto at any reference number shall, on and after the operative date, have effect subject to the adaptations set out in column (3) of the said Third Schedule at the said reference number.

11 Transfer of property, rights and liabilities in connection with transferred (Part II) functions.

11.—(1) All property, rights and liabilities held, enjoyed, or incurred before the operative date by the transferor Minister, in connection with the transferred (Part II) functions, shall be and are hereby transferred to the transferee Minister and accordingly, without any further conveyance, transfer or assignment—

(a) the said property, real and personal, shall, on the operative date, vest in the transferee Minister,

(b) the said rights shall, as on and from the operative date, be enjoyed by the transferee Minister,

(c) the said liabilities shall, as on and from the operative date be the liabilities of the transferee Minister.

(2) All moneys, stocks, shares and securities transferred to the transferee Minister by this Article which on the operative date are standing in the books of any corporation or company in the name of the transferor Minister shall, upon the request of the transferee Minister be transferred into his name.

12 Pending legal proceedings in relation to transferred (Part II) functions.

12. Where, immediately before the operative date, any legal proceedings are pending to which the transferor Minister is a party and proceedings have reference to the transferred (Part II) functions, the name of the transferee Minister shall be substituted in the proceedings for that of the transferor Minister, and the proceedings shall not abate by reason of such substitution.

13 Completion by transferee Minister of acts in relation to transferred (Part II) functions commenced before the operative date.

13. Anything commenced before the operative date by or under the authority of the transferor Minister may, so far as it relates to the transferred (Part II) functions, be carried on or completed on or after the operative date by the transferee Minister.

14 Continuance of certain Licenses, etc.

14. Every licence, certificate or other like document granted or made in the exercise of any of the transferred (Part II) functions shall, if and in so far as it was operative immediately before the operative date, have effect on and after the operative date as if it had been granted or made by the transferee Minister.

PART III. TRANSFER TO THE MINISTER FOR HEALTH OF CERTAIN FUNCTIONS OF THE MINISTER FOR AGRICULTURE UNDER THE MILK AND DAIRIES ACT, 1935 .

15 Definition for purposes of Part III

15. In this Part, the expression " the Act of 1935 " means the Milk and Dairies Act, 1935 (No. 22 of 1935).

16 Transfer to the Minister for Health of certain functions of the Minister for Agriculture under the Act of 1985.

16. The functions of the Minister for Agriculture under sections 20, 30, 31, 32, 34, 35 and 47 of the Act of 1935 are hereby transferred to the Minister for Health.

17 Adaptation of certain references to the Minister for Agriculture in the Act of 1935.

17. The references to the Minister for Agriculture in sections 20, 30, 31, 32, 34, 35, 38, 47 and 61 of the Act of 1935 shall, on and after the operative date, be construed as references to the Minister for Health.

FIRST SCHEDULE

Articles 4 and 5

Part I.—ENACTMENTS, FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR HEALTH TO THE MINISTER FOR AGRICULTURE.

1. The Slaughter of Animals Act, 1935 (No. 45 of 1935).

2. The Emergency Powers (No. 95) Order, 1941 (S. R. & O. No. 312 of 1941).

3. The Emergency Powers (No. 145) Order, 1941 (S. R. & O. No. 57 of 1942).

Part II.—ACTS, CERTAIN FUNCTIONS UNDER WHICH ARE TRANSFERRED FROM THE MINISTER FOR HEALTH TO THE MINISTER FOR AGRICULTURE.

Ref. No.

Act.

Provisions (functions under which are transferred from the Minister for Health to the Minister for Agriculture) of the Act mentioned in column (2) hereof.

(1)

(2)

(3)

1

The Public Health (Ireland) Act, 1878.

Section 221, in so far as it relates to the confirmation of bye-laws made under—

(a) section 128 of the Towns Improvement Clauses Act, 1847,

b) section 105 of the Public Health (Ireland) Act, 1878,

(c) the Public Health (Ireland) Act, 1911, or

(d) section 4 of the Slaughter of Animals Act, 1935 (No. 45 of 1935).

2

Milk and Dairies Act, 1935 (No. 22 of 1935).

Sections 11 and 14.

Section 15 in so far as it relates to the making of regulations prescribing—

(a) any matter or thing which is referred to in sections 21, 22, 23, 26 and 36 of the said Act as prescribed, and

(b) anything which the Minister for Health is by section 35 or 38 of the said Act authorised to prescribe by regulations made under such section.

Sections 20, 23, 26, 30, 31, 32, 34, 35, 36, 37, 38, 39, 47 and 61.

Section 53 in so far as it relates to the giving of consent to the appointment as a milk sampling officer of any of the officers specified in the Second Schedule hereto.

Article 6.

SECOND SCHEDULE.

OFFICERS AND EMPLOYMENTS UNDER LOCAL AUTHORITIES, THE FUNCTIONS OF THE MINISTER FOR HEALTH IN RESPECT OF WHICH UNDER CERTAIN ENACTMENTS ARE TRANSFERRED TO THE MINISTER FOR AGRICULTURE.

1. The offices of—

(a) veterinary inspector, and

(b) dairy inspector.

2. Any office or employment (other than the office of staff officer, clerk, clerk-typist, or other office the duties of which are wholly of a clerical nature) the duties of which relate solely to a slaughterhouse or abattoir or to functions transferred by Part II of this Order from the Minister for Health to the Minister for Agriculture.

Article 10.

THIRD SCHEDULE.

ADAPTATION OF CERTAIN ENACTMENTS.

Ref. No.

Enactment

Adaptation

(1)

(2)

(3)

1

Section 6 of the Milk and Dairies Act, 1935 (No. 22 of 1935).

In the definition of the word " inspector " the reference to the Minister for Health shall be construed as including a reference to the Minister for Agriculture.

In the definition of the word " prescribed," there shall be inserted after the word " Justice " the following—

" where it occurs in sections 21, 22, 23, 26, 35, 36 and 38 of the Act means prescribed by regulations made under this Act by the Minister for Agriculture."

2

Section 51 of the Milk and Dairies Act, 1935 .

The references to the Minister for Health shall be construed as including references to the Minister for Agriculture.

3

Paragraph (e) of sub-section (2) of section 3 of the Local Authorities Miscellaneous Provisions) Act, 1936 (No. 55 of 1936).

The reference to the Minister for Local Government shall be construed as for Agriculture.

4

Subsection (6) of section 83 of the Local Government Act, 1941 (No. 23 of 1941).

The reference to an inspector or officer of the Minister for Local Government shall be construed as including a reference to an inspector or officer of the Minister for Agriculture.

5

Subsection (2) of section 84 and Section 85 of the Local Government Act, 1941 .

The references to an inspector of the Minister for Local Government shall be construed as including references to an inspector of the Minister for Agriculture.

6

Section 88 of the Local Government Act, 1946 (No. 24 of 1946).

The reference to an inspector of the Minister for Local Government shall be construed as including a reference to an inspector of the Minister for Agriculture.

7

Section 92 of the Local Government Act, 1946 .

The reference to the Minister for Local Government shall be construed as including a reference to the Minister for Agriculture.

GIVEN under the Official Seal of the Government, this 19th day of December, One Thousand Nine Hundred and Forty-seven.

EAMON DE VALÉRA,

Taoiseach.