S.I. No. 138/1950 - Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1950.

S.I. No. 138 of 1950.

HEALTH (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1950.

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 :—

1.—(1) This Order may be cited as the Health (Transfer of Departmental Administration and Ministerial Functions) Order, 1950.

(2) This Order shall come into operation on the 12th day of June, 1950.

2.—(1) In this Order—

" functions " includes powers and duties ;

" the operative date " means the date on which this Order comes into operation ;

" the transferee Minister " means the Minister for Health ;

" the transferor Minister " means the Minister for Justice ;

" the transferred functions " means the functions transferred by this Order from the transferor Minister to the transferee Minister.

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

(4) References in this Order to any enactment or instrument which has been adapted by any subsequent enactment or instrument shall be construed as references to such first mentioned enactment or instrument as so adapted.

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

(2) In any enactment mentioned in Parts I and II of the Schedule hereto and in the instrument mentioned in Part III of the said Schedule, any references to the Department of Justice shall, on and after the operative date, be construed as references to the Department of Health.

4.—(1) The functions of the transferor Minister under the enactments mentioned in Parts I and II of the Schedule hereto and under the instrument mentioned in Part III of the said Schedule are hereby transferred to the transferee Minister.

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

(3) In the enactment mentioned in Part II of the Schedule hereto, references to the transferor Minister (as successor to the Chief Secretary to the Lord Lieutenant of Ireland for the time being) shall, on and after the operative date, be construed as references to the transferee Minister.

5. All rights and liabilities enjoyed or incurred before the operative date by the transferor Minister, in connection with the transferred functions, shall be and are hereby transferred to the transferee Minister and accordingly, without any further transfer or assignment—

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

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

6. Where, immediately before the operative date, any legal proceedings are pending to which the transferor Minister is a party and the proceedings have reference to the transferred 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.

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

8. Every licence, certificate or other like document granted or made in the exercise of any of the transferred 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.

SCHEDULE.

PART I.

Enactments, functions under which are transferred from the Minister for Justice to the Minister for Health.

1. The Pharmacy Act (Ireland), 1875.

2. The Dangerous Drugs Act, 1934 (No. 1 of 1934).

PART II.

Enactment (which has not been specifically adapted), Functions under which are transferred from the Minister for Justice to the Minister for Health.

The Cruelty to Animals Act, 1876.

PART III.

Instrument, functions under which are transferred from the Minister for Justice to the Minister for Health.

The Charter granted on the 12th day of December, 1878, to amend and vary the Charter granted on the 15th day of December, 1692, to the President and Fellows of the King and Queen's College of Physicians in Ireland.

GIVEN under the Official Seal of the Government, this 23rd day of May, 1950.

(Signed) JOHN A. COSTELLO,

Taoiseach.