S.I. No. 21/1983 - Industry and Energy (Transfer of Departmental Administration and Ministerial Functions) Order, 1983.


S.I. No. 21 of 1983.

INDUSTRY AND ENERGY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1983.

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. This Order may be cited as the Industry and Energy (Transfer of Departmental Administration and Ministerial Functions) Order, 1983.

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 and Energy.

(2) References to the Department of Trade, Commerce and Tourism 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 and Energy.

4. (1) The functions vested in the Minister for Trade, Commerce and Tourism—

( a ) by or under the Oil Burners (Standards) Act, 1960 (No. 24 of 1960), and section 44 of the Industrial Research and Standards Act, 1961 (No. 20 of 1961), and

( b ) by the European Communities (Low Voltage Electrical Equipment) Regulations, 1975 ( S.I. No. 62 of 1975 ), the European Communities (Low Voltage Electrical Equipment) (No. 2) Regulations, 1976 ( S.I. No. 11 of 1976 ), and the European Communities (Low Voltage Electrical Equipment) Regulations, 1979 ( S.I. No. 123 of 1979 ), are hereby transferred to the Minister for Industry and Energy.

(2) References to the Minister for Trade, Commerce and Tourism 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 and Energy.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Trade, Commerce and Tourism is a party and the proceedings have reference to functions transferred by this Order to the Minister for Industry and Energy, the name of the Minister for Industry and Energy shall be substituted in the proceedings for that of the Minister for Trade, Commerce and Tourism and the proceedings shall not abate by reason of such substitution.

6. Anything commenced before the commencement of this Order by or under authority of the Minister for Trade, Commerce and Tourism may, so far as it relates to functions transferred by this Order to the Minister for Industry and Energy, be carried on or completed on or after such commencement by the Minister for Industry and Energy.

7. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and insofar 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 and Energy.

GIVEN under the Official Seal of the Government, this 21st day of

January, 1983.

GARRET FITZGERALD,

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the transfer from the Minister for Trade, Commerce and Tourism to the Minister for Industry and Energy of the functions in regard to:

( a ) section 44 of the Industrial Research and Standards Act 1961 ;

( b ) the Oil Burners (Standards) Act 1960 ;

( c ) the European Communities (Low Voltage Electrical Equipment) Regulations 1975-79.