S.I. No. 1/1933 - Irish Insurance Commissioners (Transfer of Functions) Order, 1933.


STATUTORY RULES AND ORDERS. 1933. No. 1.

IRISH INSURANCE COMMISSIONERS (TRANSFER OF FUNCTIONS) ORDER, 1933.

WHEREAS it is enacted by sub-section (1) of Section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that it shall be lawful for the Executive Council by an Order of the Executive Council to dissolve any board of commissioners or statutory body to which that section applies, and by the same order to transfer to or confer or impose on the Minister who is head of the appropriate Department of State concerned with the public service of any board of commissioners or statutory body dissolved under that section all or any of the jurisdictions, powers, duties, and functions of such dissolved board of commissioners or statutory body, and by the same or any subsequent order to vest in the Minister who is head of such appropriate Department of State as aforesaid all or any part of the lands, hereditaments, tenements and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which were on the 6th day of December, 1921, or shall at the time of making any such Order under that sub-section be vested whether by statute, deed, contract, or otherwise, in or held in trust for any board of commissioners or statutory body dissolved by an order under that subsection so that the same should under and by virtue of such order without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company, or corporation become and be vested in such Minister for all the estate, term and interest for which the same were immediately before the making of such order vested in or held by such dissolved board of commissioners or statutory body, but subject to such (if any) trusts and equities as shall affect the said lands, hereditaments, tenements, and premises, property and assets respectively at the time of making such order and shall be then legally subsisting and capable of being performed, and by the same or any subsequent order to make such adaptations and modifications as the Executive Council may consider necessary of or in any British Statute relating to any board of commissioners or other statutory body dissolved under that section:

AND WHEREAS it is enacted by sub-section (4) of the same section that the boards of commissioners and statutory bodies to which that section applies are all statutory boards of commissioners and other statutory boards and bodies exercising any function of government or discharging any public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS the Irish Insurance Commissioners are a statutory body discharging public duties in relation to public administration in Saorstát Eireann:

NOW the Executive Council of Saorstát Eireann, in exercise of the powers conferred on them by the said Section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. This Order may for all purposes be cited as the Irish Insurance Commissioners (Transfer of Functions) Order, 1933.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The Irish Insurance Commissioners shall be and are hereby dissolved.

4. All the jurisdictions, powers, duties and functions of the Irish Insurance Commissioners are hereby transferred to and conferred and imposed on the Minister for Local Government and Public Health.

5. All lands, hereditaments, tenements and premises, if any, situate in Saorstát Eireann and all other property and assets (including choses-in-action), if any, which at the date of this Order are vested, whether by statute, deed, contract, or otherwise, in or held in trust for the Irish Insurance Commissioners are hereby vested in the Minister for Local Government and Public Health and shall without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company or corporation, become and be vested in the said Minister for all the respective estates, terms, and interests for which the same were immediately before the making of this Order vested in or held by the Irish Insurance Commissioners, but subject to such, if any, trusts and equities as affect the said lands, hereditaments, tenements, and premises, property and assets respectively at the date of this Order and are legally subsisting and capable of being performed.

6. Every mention or reference contained in any British Statute or any Act of the Oireachtas of or to the Irish Insurance Commissioners shall, in respect of the doing or not doing of any act, matter, or thing, after the date of this Order, be constructed and take effect as mention of or reference to the Minister for Local Government and Public Health.

DUBLIN.

This 2nd day of January, 1933.