STATUTORY INSTRUMENTS

S.I. No. 194 of 2006

Order

entitled

Visés to Passports (Transfer of Departmental Administration and Ministerial Functions) Order 2006

To be made by the Government

SI 194 of 2006

Visés to Passports (Transfer of Departmental Administration and Ministerial Functions) Order 2006

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 Visés to Passports (Transfer of Departmental Administration and Ministerial Functions) Order 2006.

(2)        This Order comes into operation on 12 April 2006.

2.         (1)        The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Justice, Equality and Law Reform.

(2)          References to the Department of Foreign Affairs contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Justice, Equality and Law Reform.

3.         (1)         The functions vested in the Minister for Foreign Affairs in relation to the granting in the State of visés to passports, and all powers and duties of that Minister of the Government connected with the same, in so far as they are exercised and performed in the State are transferred to the Minister for Justice, Equality and Law Reform.

(2)         References to the Minister for Foreign Affairs contained in any Act or instrument made under such Act 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 Justice, Equality and Law Reform.

4.         Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Foreign Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for Justice, Equality and Law Reform, the name of the Minister for Justice, Equality and Law Reform 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 Foreign Affairs or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

5.         Anything commenced before the commencement of this Order by or under the authority of the Minister for Foreign Affairs may, in so far as it relates to functions transferred by this Order to the Minister for Justice, Equality and Law Reform, be carried on or completed on or after such commencement by the Minister for Justice, Equality and Law Reform.

6.         Every document (including any certificate or licence) granted or made in the performance 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 Justice, Equality and Law Reform.

7.         References to the Minister for Foreign Affairs contained in 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 Justice, Equality and Law Reform.

8.         (1)         All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minster for Foreign Affairs, in connection with the functions transferred by this Order are transferred on such commencement to the Minister for Justice, Equality and Law Reform and, accordingly, without any further conveyance, transfer or assignment -

(a)        the said property, both real and personal, vests in the Minister for Justice, Equality and Law Reform,

(b)        the said rights are rights of the Minister for Justice, Equality and Law Reform,

(c)        the said liabilities are liabilities of the Minister for Justice, Equality and Law Reform.

(2)         All moneys, stocks, shares and securities transferred to the Minister for Justice, Equality and Law Reform by this Article, which on the commencement of this Order, are standing in the name of the Minister for Foreign Affairs shall on the request of the Minister for Justice, Equality and Law Reform be transferred into the name of the Minister for Justice, Equality and Law Reform.