No. 60/1928:

IRISH LAND COMMISSION (FISHERIES AND RURAL INDUSTRIES) (TRANSFER OF FUNCTIONS) ORDER, 1928.

IRISH LAND COMMISSION (FISHERIES AND RURAL INDUSTRIES) (TRANSFER OF FUNCTIONS) ORDER, 1928.

WHEREAS by subsection (2) of section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), it is enacted that it shall be lawful for the Executive Council by an Order of the Executive Council to transfer to and confer or impose on any Minister any of the jurisdictions, powers, duties, and functions of any board of commissioners or statutory body to which that section applies, and to declare that the public services and officers concerned with the jurisdictions, powers, duties, and functions transferred, conferred, or imposed by such Order as aforesaid are comprised and included in the public services and officers of the Department of State administered by or under such Minister as head thereof, and by the same or any subsequent Order to vest in the Minister or respective Ministers who is or are the head or heads of such appropriate Department or Departments of State as aforesaid, all or any part of the lands, hereditaments, tenements, and premises situate in Saorstát Eireann, and all other property and assets (including choses-in-action) which were on the 6th day of December, 1921, or shall at the time of making any such Order under that subsection be vested, whether by statute, deed, contract, or, otherwise, in or held in trust for any such board of commissioners, or statutory body, and which were connected with the exercise or performance of any of the jurisdictions, powers, duties, or functions transferred, conferred, or imposed by an Order under that subsection, and by the same or any subsequent Order to make such adaptations and modifications as the Executive Council may consider necessary of or in any British statute relating to any board of commissioners or statutory body whose or any of whose jurisdictions, powers, duties, and functions are transferred, conferred, or imposed by an Order under that subsection:

AND WHEREAS it is enacted by subsection (4) of the same section that the boards of commissioners and statutory bodies to which that section applies are all statutory boards of commissioners and other statutory boards and bodies exercising any function of government or discharging any public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS the Irish Land Commission is a statutory body discharging public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS it is expedient that the jurisdictions, powers, duties, and functions vested in the Irish Land Commission in relation to fisheries and rural industries by virtue of the Congested Districts Board (Ireland) Acts should be transferred to and conferred and imposed on the Minister for Fisheries:

NOW, the Executive Council of Saorstát Eireann, in exercise of the powers conferred on them by the said section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. This Order may for all purposes be cited as the Irish Land Commission (Fisheries and Rural Industries) (Transfer of Functions) Order, 1928.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. All the jurisdictions, powers, duties, and functions vested in the Irish Land Commission in relation to fisheries and rural industries by virtue of the Congested Districts Board (Ireland) Acts are hereby transferred to and conferred and imposed on the Minister for Fisheries.

4. The public services and officers concerned with so much of the jurisdictions, powers, duties, and functions of the Irish Land Commission as are transferred by this Order to the Minister for Fisheries shall henceforth be comprised and included in the public services and officers of the Department of Fisheries.

5. The several fishing boats mentioned in Part I. of the Schedule hereto, and also the several sums respectively outstanding (whether the same have or have not accrued due) at the date of this Order on foot of the several mortgages mentioned in Part II. of the said Schedule hereto, together with the said mortgages and all other securities for the said sums respectively, are hereby transferred to and vested in the Minister for Fisheries for all the estate and interest for which the same were vested in the Irish Land Commission immediately before the making of this Order.

6. All the lands, hereditaments, tenements, and premises situate in Saorstát Eireann, and all other property and assets (including choses-in-action) not specifically transferred by this Order which at the date of this Order are vested whether by statute, deed, contract, or otherwise in or held in trust for the Irish Land Commission and which are connected with the exercise or performance of any of the jurisdictions, powers, duties, or functions of the Irish Land Commission transferred to, or conferred or imposed on the Minister for Fisheries by this Order, are hereby vested in the Minister for Fisheries, and shall, without the necessity for any other conveyance or assignment whatsoever, but subject where necessary to transfer in the books of any bank, company, or corporation, become and be vested in the said Minister for all the estate, term and interest for which the same were immediately before the making of this Order vested in or held by the Irish Land Commission, but subject to such (if any) trusts and equities as affect the said lands, hereditaments, tenements, and premises property, and assets respectively at the date of this Order, and are legally subsisting and capable of being performed.

7. Every mention or reference contained in any British statute of or to the Congested Districts Board for Ireland in relation to the exercise or performance of any of the jurisdictions, powers, duties, and functions transferred by this Order shall be construed and take effect as a mention of or reference to the Minister for Fisheries.

DUBLIN.

This 31st day of August, 1928.

SCHEDULE.

PART I.

FISHING BOATS TRANSFERRED TO THE MINISTER FOR FISHERIES.

PART II.

MORTGAGES GIVEN TO THE LATE CONGESTED DISTRICTS BOARD FOR IRELAND IN RESPECT OF LOANS FOR THE PURCHASE, REPAIR OR RENEWAL OF FISHING BOATS, FISHING GEAR, ETC.