S.I. No. 40/1934 - Fisheries (Re-Distribution of Public Services) Order, 1934.


STATUTORY RULES AND ORDERS. 1934. No. 40.

FISHERIES (RE-DISTRIBUTION OF PUBLIC SERVICES) ORDER, 1934.

WHEREAS it is enacted by sub-section (2) of Section 12 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that it shall be lawful for the Executive Council from time to time by order to re-distribute all or any of the public services and officers and the administration, jurisdiction, powers, duties and functions thereof amongst the several Ministers and Departments of State or any of them in any manner which may seem to the Executive Council to be expedient or proper in the public interests, and to make such orders consequential on or necessary for giving effect to any such re-distribution as the Executive Council may consider expedient or proper:

AND WHEREAS it is enacted by sub-section (2) of Section 4 of the Ministers and Secretaries (Amendment) Act, 1928 (No. 6 of 1928), that whenever the Executive Council by Order made under the said hereinbefore recited enactment re-distributes any public services amongst any of the Ministers and Departments of State it shall be lawful for the Executive Council by the same order to make such changes in the styles and titles of the Ministers and Departments of State affected by such re-distribution as appear to the Executive Council to be expedient in consequence of such re-distribution:

AND WHEREAS it seems to the Executive Council to be expedient in the public interests that the public services and officers of the Minister for Lands and Fisheries concerned with fisheries and the administration, jurisdiction, powers, duties and functions thereof should be re-distributed and transferred to the Minister for Agriculture, and the Executive Council considers it expedient to insert in this Order the provisions hereinafter contained (including the change in the style of the Department of Lands and Fisheries and of the Minister who is head thereof) consequential on or necessary for giving effect to such re-distribution and transfer:

NOW, the Executive Council, in exercise of the powers conferred on them by sub-section (2) of Section 12 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and sub-section (2) of Section 4 of the Ministers and Secretaries (Amendment) Act, 1928 (No. 6 of 1928), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. This Order may be cited for all purposes as the Fisheries (Re-distribution of Public Services) Order, 1934.

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. This Order shall come into operation on the 1st day of April, 1934.

4. The public services and officers of the Minister for Lands and Fisheries concerned with fisheries (including deep-sea fisheries, tidal waters fisheries, coastal fisheries, inland waters fisheries, and industries connected with the same) and the administration, jurisdiction, powers, duties and functions thereof are hereby transferred to the Minister for Agriculture.

5. All lands, hereditaments, tenements and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which, immediately before the commencement of this Order, are vested in or held by the Minister for Lands and Fisheries (whether by that title or by his former title of Minister for Fisheries) for any estate or interest whatsoever for the purposes of or in relation to a public service transferred by this Order shall, at and upon such commencement, become and be vested (by virtue of this Order and without the necessity for any other conveyance or assignment or any delivery but subject where appropriate to such transfer as is mentioned in the next following paragraph of this Order) in the Minister for Agriculture by the several tenures and for the several estates, terms, and interests by and for which the same were respectively so vested in or held by the Minister for Lands and Fisheries, but subject to all leases, incumbrances, trusts, and equities affecting the same respectively in the hands of the Minister for Lands and Fisheries immediately before such commencement.

6. Where any property purported to be transferred by the next preceding paragraph of this Order is by law transferable only by means of a transfer in the registers or books of any authority, bank, company or corporation, or where a transfer in such registers or books is by law requisite for the completion of the transfer of any property purported to be transferred by the said next preceding paragraph, it shall be lawful for the Minister for Agriculture to call for a transfer of such property to him in such registers or books, and this Order shall be a sufficient authority to the persons having charge of such registers or books to make such transfers therein and shall also be a sufficient authority to the Minister for Lands and Fisheries and the Minister for Agriculture respectively to execute with their official seals any document which may reasonably be required by the persons having charge of such registers or books where, owing to such registers or books not being within the jurisdiction of the Oireachtas or for any other reason, this Order cannot legally or cannot conveniently be accepted by such persons as a sufficient authority for the making of such transfer in such registers or books.

7. The Department of Lands and Fisheries shall be known as the Department of Lands and the Minister who is head of that Department shall be, and shall be styled, an t-Aire Tailte, or (in English) the Minister for Lands.

8. Every mention of or reference to the Minister for Fisheries or to the Minister for Lands and Fisheries contained in any Act of the Oireachtas and relating to a public service transferred by this Order and, in particular, every mention of the Minister for Fisheries contained in the Fisheries Act, 1925 (No. 32 of 1925), shall be construed and have effect as a mention of or reference to the Minister for Agriculture.

DUBLIN.

This 27th day of March, 1934.