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Abolition of existing posts and offices.
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31.—(1) Whenever it is expressly enacted by this Part of this Act that any officer holding a post (in this sub-section referred to as the new post) created by this Part of this Act is to have or exercise the powers or authorities or perform or fulfil the duties or functions which were formerly vested in or imposed on the holder of a post (in this sub-section referred to as the existing post) existing immediately or at any other time before the commencement of this Part of this Act, the existing post if not abolished by virtue of any other provision of this Act is hereby abolished as from the commencement of this Part of this Act, and as from the abolition of the existing post (whether effected by this sub-section or by some other provision of this Act) every enactment referring to the existing post (other than enactments relating to the appointment to, qualification for, or remuneration or tenure of the existing post) shall, if and so far as such enactment continues in force and capable of taking effect, be construed and have effect as if in lieu of the references therein to the existing post there were inserted therein references to the new post.
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(2) Whenever it is enacted by this Part of this Act that the business to be transacted in any office (in this sub-section referred to as the new office) is to be or to include the business formerly transacted in an office (in this sub-section referred to as the existing office) existing immediately or at any other time before the commencement of this Part of this Act, the existing office if not abolished by virtue of any other provision of this Act is hereby abolished as from the commencement of this Part of this Act, and as from the abolition of the existing office (whether effected by this sub-section or by some other provision of this Act) all references in any enactment to the existing office (other than references to the staff of the existing office) shall be construed as references to the new office and such enactment shall have effect accordingly.
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(3) Every post—
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(a) which is at the commencement of this Part of this Act attached to the Supreme Court, the High Court, the Court of Criminal Appeal, or the Chief Justice or was attached to the former Supreme Court of Judicature or the Lord Chancellor for Ireland, and
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(b) was created by statute or rule of court, and
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(c) the powers, authorities, duties, or functions of the holder of which are not expressly transferred by this Part of this Act to the holder of a post created by this Act,
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is hereby abolished (unless abolished by virtue of any other provision of this Act) as from the commencement of this Part of this Act, and as from such abolition (whether effected by this sub-section or by any other provision of this Act) the powers, authorities, duties, and functions of the holder of the post shall, so far as they remain capable of being exercised or performed, be vested in the Master of the High Court unless and until otherwise provided by rules of court, and every enactment referring to the holder of such post (other than enactments relating to the appointment to, qualification for, or remuneration or tenure of such post) shall, if and so far as the same continues in force and capable of taking effect, be construed and have effect as referring to the Master of the High Court in lieu of the holder of such post.
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(4) Every office—
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(a) which is at the commencement of this Part of this Act attached to the Supreme Court, the High Court, the Court of Criminal Appeal, or the Chief Justice or was attached to the former Supreme Court of Judicature or the Lord Chancellor for Ireland, and
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(b) was established by statute or rule of court, and
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(c) the business of which is not transferred by this Part of this Act to any of the offices established by this Act,
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is hereby abolished (unless abolished by virtue of some other provision of this Act) as from the commencement of this Part of this Act, and as from such abolition (whether effected by this sub-section or by some other provision of this Act) the business formerly transacted in such office shall, if and so far as the same shall require to be transacted, be transacted in the Central Office unless and until otherwise provided by rules of court, and every enactment referring to such office (other than enactments relating to the staff of such office) shall, if and so far as the same continues in force and capable of taking effect, be construed and have effect as referring to the Central Office in lieu of such office.
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