S.I. No. 257/1956 - Gaeltacht (Transfer of Departmental Administration and Ministerial Functions) Order, 1956.


S.I. No. 257 of 1956.

GAELTACHT (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1956.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 of the Ministers and Secretaries Act, 1939 (No. 36 of 1939), hereby order as follows :

1.—(1) This Order may be cited as the Gaeltacht (Transfer of Departmental Administration and Ministerial Functions) Order, 1956.

(2) This Order shall come into operation on the 15th day of October, 1956.

2. In this Order—" functions " includes powers and duties ; " operative date " means the date on which this Order comes into operation.

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 hereby transferred to the Department of the Gaeltacht.

(2) References to the Department of Lands or to the Department of Lands and Fisheries contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of the Gaeltacht.

4.—(1) The functions vested in the Minister for Lands in connection with the promotion of rural industries and matters connected with or relating to the promotion of rural industries are hereby transferred to the Minister for the Gaeltacht.

(2) The functions vested in the Minister for Lands by or under the Housing (Gaeltacht) Acts, 1929 to 1953, and the Alginate Industries (Ireland) Limited (Acquisition of Shares) Acts, 1949 and 1954, are hereby transferred to the Minister for the Gaeltacht.

(3) References to the Minister for Lands or to the Minister for Lands and Fisheries contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for the Gaeltacht.

5.—(1) All property (real or personal), rights and liabilities held, enjoyed, or incurred before the operative date by the Minister for Lands, in connection with any functions transferred by this Order to the Minister for the Gaeltacht, shall be and are hereby transferred to the Minister for the Gaeltacht, and accordingly, without any further conveyance, transfer or assignment.

(a) the said property shall on the operative date vest in the Minister for the Gaeltacht,

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

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

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

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

8. Every licence, certificate or other like document 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 operative date, have effect on and after the operative date as if it had been granted or made by the Minister for the Gaeltacht.

GIVEN under the Official Seal of the Government, this 3rd day of October, 1956.

WILLIAM NORTON,

Tánaiste.