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S.I. No. 280/1986 - Milk (Regulation of Retail Prices) (Transfer of Departmental Administration and Ministerial Functions) Order, 1986.

S.I. No. 280 of 1986.

MILK (REGULATION OF RETAIL PRICES) (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1986.

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 Milk (Regulation of Retail Prices) (Transfer of Departmental Administration and Ministerial Functions) Order, 1986.

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 transfered by Article 4 of this Order are hereby transferred to the Department of Agriculture.

(2) References to the Department of Industry and Commerce 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 commecement of this Order, be construed as references to the Department of Agriculture.

4. (1) The functions vested in the Minister for Industry and Commerce by or under section 52 of the Milk (Regulation of Supply and Price) Act, 1936 ( S.I. No. 43 of 1936 ), including the functions transferred by the Minister for Supplies (Transfer of Functions) Act, 1945 (No. 21 of 1945), being functions transferred by the Minister for Supplies (Transfer of Functions under Section 52 of the Milk (Regulation of Supply and Price) Act, 1936 ) Order, 1941 (S.R. & O., No. 29 of 1941), are hereby transferred to the Minister for Agriculture.

(2) References to the Minister for Industry and Commerce 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 Agriculture.

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

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

GIVEN under the Official Seal of the Government, this 31st day of July, 1986.

GARRET FITZGERALD,

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the transfer from the Minister for Industry and Commerce to the Minister for Agriculture of the functions in regard to Section 52 of the Milk (Regulation of Supply and Price) Act, 1936 .