S.I. No. 295/1977:

ENERGY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1977.

ENERGY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1977.

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 Energy (Transfer of Departmental Administration and Ministerial Functions) Order, 1977.

2. In this Order "functions" includes powers and duties;

"operative date" means the date of this Order.

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 Industry and Commerce.

(2) References to the Department of Transport and Power contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall be construed as references to the Department of Industry and Commerce.

4. (1) The functions under the Acts and Regulations mentioned in the Schedule to this Order and vested in the Minister for Transport and Power are hereby transferred to the Minister for Industry and Commerce.

(2) The functions vested in the Minister for Transport and Power, whether by virtue of Act or instrument made thereunder or otherwise, in relation to gas undertakings and the production, sale, and distribution of gas and not transferred by the preceding paragraph of this Article are hereby transferred to the Minister for Industry and Commerce.

(3) References to the Minister for Transport and Power 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 Industry and Commerce.

5. Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Transport and Power is a party and the proceedings have reference to functions transferred by this Order to the Minister for Industry and Commerce, the name of the Minister for Industry and Commerce shall be substituted in the proceedings for that of the Minister for Transport and Power and the proceedings shall not abate by reason of such substitution.

6. Anything commenced before the operative date by or under the authority of the Minister for Transport and Power, may, so far as it relates to functions transferred by this Order to the Minister for Industry and Commerce, be carried on or completed on or after the commencement of this Order by the Minister for Industry and Commerce.

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 operative date, have effect on and after the operative date as if it had been granted or made by the Minister for Industry and Commerce.

8. References to the Minister for Transport and Power contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the operative date, be construed as references to the Minister for Industry and Commerce.

9. (1) All property (real or personal), rights and liabilities held, enjoyed or incurred before the operative date by the Minister for Transport and Power in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Industry and Commerce and, accordingly, without any further conveyance, transfer or assignment--

( a ) the said property, real and personal, shall, on the operative date, vest in the Minister for Industry and Commerce;

( b ) the said rights shall, as on and from the operative date, be enjoyed by the Minister for Industry and Commerce;

( c ) the said liabilities shall, as on and from the operative date, be the liabilities of the Minister for Industry and Commerce.

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

SCHEDULE.

PART I.

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

Gasworks Clauses Act, 1847,

Sale of Gas Act, 1859,

Sale of Gas Act, 1860,

Gas and Water Works Facilities Act, 1870,

Gasworks Clauses Act, 1871,

Gas Regulation Act, 1920,

Shannon Electricity Acts, 1925 to 1933,

Electricity (Supply) Acts, 1927 to 1976,

Gas Regulation Act, 1928 ,

Shannon Fisheries Acts, 1935 and 1938,

Turf (Use and Development) Act, 1936 ,

Liffey Reservoir Act, 1936 ,

Turf Development Acts, 1946 to 1975,

Erne Drainage and Development Act, 1950 ,

Gas Regulation Act, 1957 ,

Nuclear Energy Act, 1971,

Fuels (Control of Supplies) Act, 1971 ,

Gas Act, 1976 .

PART II.

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

European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1974 ( S.I. No. 325 of 1974 ),

European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1976 ( S.I. No. 59 of 1976 ),

European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1977 ( S.I. No. 78 of 1977 ).

GIVEN under the Official Seal of, the Government, this 13th day of September, 1977.

S. Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

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