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S.I. No. 61/1995 - Heritage (Transfer of Departmental Administration and Ministerial Functions) Order, 1995.

S.I. No. 61 of 1995.

HERITAGE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1995.

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 Heritage (Transfer of Departmental Administration and Ministerial Functions) Order, 1995.

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 Arts, Culture and the Gaeltacht.

(2) References to the Department of Finance 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 Arts, Culture and the Gaeltacht.

4. (1) There are hereby transferred to the Minister for Arts, Culture and the Gaeltacht the functions vested in the Minister for Finance by or under any enactment mentioned in the Schedule to this Order, immediately before the commencement of this Order.

(2) References to the Minister for Finance contained in any Act or Instrument 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 Arts, Culture and the Gaeltacht.

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

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 Arts, Culture and the Gaeltacht.

8. References to the Minister for Finance contained in the memorandum or 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 Arts, Culture and the Gaeltacht.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Finance in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Arts, Culture and the Gaeltacht 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 Arts, Culture and the Gaeltacht,

( b ) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Arts, Culture and the Gaeltacht, and

( c ) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Arts, Culture and the Gaeltacht.

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

SCHEDULE

The Saint Stephen's Green (Dublin) Act, 1877;

Canals Act, 1986 (No. 3 of 1986), (other than sections 3 (4), 17 (1) and 19);

Phoenix Park Act, 1925 (No. 31 of 1925) (other than subsections (1) and (2) of section 6);

Bourne Vincent Memorial Park Act, 1932 (No. 31 of 1932) (other than section 3 (2));

National Monuments Act, 1930 (No. 2 of 1930) (other than sections 3 (4) and 15 (3));

National Monuments (Amendment) Act, 1954 (No. 37 of 1954);

National Monuments (Amendment) Act, 1987 (No. 17 of 1987) (other than sections 3 (10) (b) and 24 (3));

Shannon Navigation Act, 1990 (No. 20 of 1990) (other than sections 5 (9), 10 and 11 and paragraph 5 (1) of Schedule);

Section 55 and subsections (1) to (4) of section 63 of the Wildlife Act, 1976 (No. 39 of 1976);

Section 2 (2) of the Ministers and Secretaries (Amendment) Act, 1928 (No. 6 of 1928) in so far as it relates to the Royal Botanic Gardens.

GIVEN under the Official Seal of the Government, this 2nd day of March, 1995.

DICK SPRING,

Tánaiste.

EXPLANATORY NOTE.

This Order transfers to the Minister for Arts, Culture and the Gaeltacht, with effect from the date specified, certain Ministerial functions and Departmental administration in relation to heritage.