STATUTORY INSTRUMENTS.

S.I. No. 288 of 1981.

INDUSTRY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1981.

S.I. No. 288 of 1981.

INDUSTRY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1981.

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 Industry (Transfer of Departmental Administration and Ministerial Functions) Order, 1981.

(2) This Order shall come into operation on the 20th day of August 1981.

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 Energy.

(2) References to the Department of Industry, 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 Energy.

4. (1) (a) The functions vested in the Minister for Industry, Commerce and Tourism by or under the statutes and regulations mentioned in the Schedule to this Order are hereby transferred to the Minister for Energy.

(b) Subparagraph (a) of this paragraph does not apply in relation to the functions specified in section 44 of the Industrial Research and Standards Act, 1961 ( No. 20 of 1961 ), or transferred by the Shannon Free Airport Development Company Limited (Transfer of Departmental Administration and Ministerial Functions) Order, 1981 ( S.I. No. 225 of 1981 ).

(2) Any functions in relation to industry vested in the Minister for Industry, Commerce and Tourism by section 1(vii) of the Minister and Secretaries Act, 1924 (No. 16 of 1924) , and not transferred by paragraph 1 of this Article, are hereby transferred to the Minister for Energy.

(3) References to the Minister for Industry, 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 Energy.

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

8. References to the Minister for Industry, Commerce and Tourism 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 Energy.

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

hereby transferred to the Minister for Energy 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 Energy,

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

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

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

SCHEDULE.

Part I.

Acts, functions under which are transferred from the Minister for Industry, Commerce and Tourism to the Minister for Energy.

Cement Acts, 1933 to 1962

Industrial Alcohol Acts, 1938 to 1980

Customs--free Airport Acts, 1947 and 1958

Industrial Development Authority Act, 1950

Undeveloped Areas Acts, 1952 to 1963

Grass Meal (Production) Acts, 1953 to 1969

Industrial Grants Acts, 1959 to 1969

Shannon Free Airport Development Company Limited Acts, 1959 to 1980

Irish Steel Holdings Limited Acts, 1960 to 1979

Industrial Research and Standards Acts, 1961 and 1979

Nitrigin Eireann Teoranta Acts, 1963 to 1981

Land Act, 1965

Motor Vehicles (Registration of Importers) Act, 1968

Smelting Act, 1968

Industrial Development Acts, 1969 to 1981

Irish Film Board Act, 1980

National Film Studios of Ireland Limited Act, 1980

Irish Whiskey Act, 1980

Part II.

Regulations, functions under which are transferred from the Minister for Industry, Commerce and Tourism to the Minister for Energy.

European Communities (Sulphur Content of Gas Oil) Regulations, 1977 ( S.I. No. 361 of 1977 ).

European Communities (Lead Content of Petrol) Regulations, 1980 ( S.I. No. 372 of 1980 ).

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for Energy and to the Department of Energy, respectively, with effect from the operative date of this Order, Ministerial functions and Departmental administration in relation to industry.