No. 264/1935:

NATIONAL EDUCATION COMMISSIONERS (TRANSFER OF FUNCTIONS) ORDER, 1935.

NATIONAL EDUCATION COMMISSIONERS (TRANSFER OF FUNCTIONS) ORDER, 1935.

(No. 264 of 1935).

WHEREAS it is enacted by sub-section (1) of Section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that it shall be lawful for the Executive Council by an Order of the Executive Council to dissolve any Board of Commissioners or statutory body to which that Section applies, and by the same Order to transfer to, or confer or impose on, the Minister who is the head of the appropriate Department of State concerned with the public service of any Board of Commissioners or statutory body dissolved under that Section, all or any of the jurisdictions, powers, duties, and functions of such dissolved Board of Commissioners or statutory body, and by the same Order to vest in the Minister who is the head of such appropriate Department 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 should, at the time of making any such Order under that sub-section, be vested, whether by statute, deed, contract, or otherwise, in or held in trust for any Board of Commissioners or statutory body dissolved by an Order under such sub-section, so that the same shall under and by virtue of such Order 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 such Minister for all the estate, term, and interest, or respective estates, terms and interests for which the same were immediately before the making of such order vested in or held by such dissolved Board of Commissioners or statutory body, but subject to such (if any) trusts and equities as shall affect the said lands, hereditaments, tenements and premises, property, and assets respectively at the time of making such Order and shall be then legally subsisting and capable of being performed, and by the same 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 other statutory body dissolved under that Section:

AND WHEREAS it is enacted by sub-section (4) of the said Section 9 that the Boards of Commissioners and statutory bodies to which that Section applies are (amongst others) any Board of Commissioners established by order of the Executive Council under Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922):

AND WHEREAS the National Education Commissioners are a Board of Commissioners established by order of the Executive Council under the said Section 7 of the Adaptation of Enactments Act, 1922 :

AND WHEREAS the Minister for Education is the head of the Department of State concerned with the public services of the National Education Commissioners:

NOW, the Executive Council of Saorstát Eireann, in exercise of the several powers conferred on them by sub-section (1) of 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 be cited as the National Education Commissioners (Transfer of Functions) Order, 1935.

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. The National Education Commissioners shall be and are hereby dissolved.

4. All the jurisdictions, powers, duties and functions of the National Education Commissioners are hereby transferred to and conferred and imposed on the Minister for Education.

5. All lands, hereditaments, tenements and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which at the time of making this Order were vested, whether by statute, deed, contract, or otherwise, in or held in trust for the National Education Commissioners are hereby vested in the Minister for Education so that the same shall under and by virtue of this Order 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 such Minister for all the estate, term and interest or respective estates, terms and interests for which the same were immediately before the making of this Order vested in or held by the National Education Commissioners, but subject to such (if any) trusts and equities as shall affect the said lands, hereditaments, tenements and premises, property and assets respectively at the time of making this Order and shall be then legally subsisting and capable of being performed.

6. So much of the National Education Commissioners Order, 1923 (No. 10 of 1923), as provides that every mention or reference contained in any British Statute of or to the Commissioners of National Education in Ireland should be construed and take effect as a mention of or reference to the National Education Commissioners shall cease to have effect, and in lieu thereof every mention or reference contained in any British Statute of or to the Commissioners of National Education in Ireland shall, so far as the same is not inconsistent with the provisions of this Order, be construed and take effect as a mention of or reference to the Minister for Education.

DUBLIN:

This 2nd day of August 1935.