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S.I. No. 358/2002 - National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002

The Government, in exercise of the powers conferred on them by section 6 (1) 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 National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002.

(2)        This Order comes into operation on 10 July 2002.

2.         In this Order “functions” includes powers and duties.

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 transferred to the Department of Arts, Sport and Tourism.

(2)        References to the Department of Community, Rural and Gaeltacht Affairs 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 commencement of this Order, be construed as references to the Department of Arts, Sport and Tourism.

4.         (1)        The functions vested in the Minister for Community, Rural and Gaeltacht Affairs by or under section 5 (5) and 6 (2) of the National Monuments (Amendment) Act 1994 (No. 17 of 1994) are transferred to the Minister for Arts, Sport and Tourism.

(2)        References to the Minister for Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Arts, Sport and Tourism.

5.         Where, immediately before the commencement of the Order, any legal proceedings are pending to which the Minister for Community, Rural and Gaeltacht Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for Arts Sport and Tourism, the name of the Minister for Arts, Sport and Tourism 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 Community, Rural and Gaeltacht Affairs or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

6.         Anything commenced before the commencement of this Order by or under the authority of the Minister for Community, Rural and Gaeltacht Affairs may, in so far as it relates to functions transferred by this Order to the Minister for Arts, Sport and Tourism, be carried on or completed on or after such commencement by the Minister for Arts, Sport and Tourism.

GIVEN under the Official Seal of the Government,

 10 July 2002.

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Bertie Ahern T.D.

 Taoiseach

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for Arts, Sport and Tourism and to the Department of Arts, Sport and Tourism, respectively, with effect from the date of this Order, the Departmental Administration and Ministerial functions in relation to where archaeological objects may be deposited under the National Monuments (Amendment) Act 1994 .