S.I. No. 422/1993 - Tourism and Trade (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.


S.I. No. 422 of 1993.

TOURISM AND TRADE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1993.

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 and Trade (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

(2) This Order shall be deemed to have come into operation on the 21st day of January, 1993.

2. (1) In this Order "functions" includes powers and duties.

(2) References in this Order and in paragraph 5 of the Energy (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 16 of 1993 ) to the Minister for Transport, Energy and Communications and the Department of Transport, Energy and Communications shall, as respects the 21st day of January 1993, be construed as references to the Minister for Tourism, Transport and Communications and the Department of Tourism, Transport and Communications, respectively.

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 Transport, Energy and Communications.

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

4. (1) There are hereby transferred to the Minister for Transport, Energy and Communications the functions vested in the Minister for Tourism and Trade immediately before the commencement of this Order, other than those specified in the Foreign Trade (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 14 of 1993 ), and the Tourism (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 15 of 1993 ).

(2) References to the Minister for Tourism and Trade 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 Transport Energy and Communications.

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

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 Transport, Energy and Communications.

8. References to the Minister for Tourism and Trade 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 Transport, Energy and Communications.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Tourism and Trade in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Transport, Energy and Communications 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 Transport, Energy and Communications,

( b ) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Transport, Energy and Communications, and

( c ) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Transport, Energy and Communications.

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

GIVEN under the Official Seal of the Government, this 21st day of December, 1993.

ALBERT REYNOLDS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Transport, Energy and Communications certain Ministerial functions and Departmental administration vested in the Minister for Tourism and Trade.