S.I. No. 8/1980 - Tourism (Transfer of Departmental Administration and Ministerial Functions) Order, 1980.


S.I. No. 8 of 1980.

TOURISM (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1980.

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 Tourism (Transfer of Departmental Administration and Ministerial Functions) Order, 1980.

(2) This Order shall come into operation on the 24th day of January, 1980.

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 hereby transferred to the Department of Industry, Commerce and Tourism.

(2) References to the Department of Tourism and Transport 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 Industry, Commerce and Tourism.

4. (1) The functions vested in the Minister for Tourism and Transport by or under the Tourist Traffic (Development) Act, 1931 (No. 15 of 1931), and the Tourist Traffic Acts, 1939 to 1979, are hereby transferred to the Minister for Industry, Commerce and Tourism.

(2) References to the Minister for Tourism and Transport 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 Industry, Commerce and Tourism.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Tourism and Transport is a party and the proceedings have reference to functions transferred by this Order to the Minister for Industry, Commerce and Tourism, the name of the Minister for Industry, Commerce and Tourism shall be substituted in the proceedings for that of the Minister for Tourism and Transport 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 Tourism and Transport may, so far as it relates to functions transferred by this Order to the Minister for Industry, Commerce and Tourism, be carried on or completed on or after such commencement by the Minister for Industry, Commerce and Tourism.

7. Every document (including any certificate or licence) 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 commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for Industry, Commerce and Tourism.

8. References to the Minister for Tourism and Transport contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Industry, Commerce and Tourism.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Tourism and Transport in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Industry, Commerce and Tourism, and, accordingly, without any further conveyance, transfer or assignment—

( a ) the said property, real and personal, shall, on such commencement, vest in the Minister for Industry, Commerce and Tourism,

( b ) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Industry, Commerce and Tourism,

( c ) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Industry, Commerce and Tourism.

(2) All moneys, stocks, shares and securities transferred to the Minister for Industry, Commerce and Tourism by this Article which, on such commencement, are standing in the name of the Minister for Tourism and Transport shall upon the request of the Minister for Industry, Commerce and Tourism be transferred into his name.

GIVEN under the Official Seal of the Government this 15th day of January, 1980.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Industry, Commerce and Tourism and to the Department of Industry, Commerce and Tourism, respectively, Ministerial functions and Departmental administration in relation to tourism.