S.I. No. 462/1986 - Irish Film Board (Transfer of Departmental Administration and Ministerial Functions) Order, 1986.


S.I. No. 462 of 1986.

IRISH FILM BOARD (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 Irish Film Board (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 transferred by Article 4 of this Order are hereby transferred to the Department of the Taoiseach.

(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 commencement of this Order, be construed as references to the Department of the Taoiseach.

4. (1) The functions vested in the Minister for Industry and Commerce by or under the Irish Film Board Act, 1980 (No. 36 of 1980), and transferred by the Industry (Transfer of Departmental Administration and Ministerial Functions) Order, 1983 (S.I. 383 of 1983) (as adapted by the Industry, Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1986 ( S.I. No. 41 of 1986 )), are hereby transferred to the Taoiseach.

(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 Taoiseach.

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 Taoiseach, the name of the Taoiseach 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 Taoiseach, be carried on or completed on or after such commencement by the Taoiseach.

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 Taoiseach.

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

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

(a) the said property, real and personal, shall on such commencement, vest in the Taoiseach,

(b) the said rights shall, as, on and from such commencement, be enjoyed by the Taoiseach,

(c) the said liabilities shall, as, on and from such commencement, be the liabilities of the Taoiseach.

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

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

GARRET FITZGERALD,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Taoiseach the statutory powers and duties in relation to the Irish Film Board and transfers administrative responsibility for the Irish Film Board to the Department of the Taoiseach.