S.I. No. 448/1986:

ARTERIAL DRAINAGE (TRANSFER OF MINISTERIAL FUNCTIONS) ORDER, 1986.

ARTERIAL DRAINAGE (TRANSFER OF MINISTERIAL FUNCTIONS) ORDER, 1986.

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 Arterial Drainage (Transfer of Ministerial Functions) Order, 1986.

(2) This Order shall come into operation on the 23rd day of December, 1986.

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

3. (1) The functions vested in the Minister for Finance by or under the Arterial Drainage Act, 1945 (No. 3 of 1945), other than the function specified in section 3 of that Act (requiring the sanction of the Minister for Finance for expenses incurred in the administration of that Act) are hereby transferred to the Minister for Agriculture.

(2) References to the Minister for Finance 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 Agriculture.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Finance is a party and the proceedings have reference to functions transferred by this Order to the Minister for Agriculture, the name of the Minister for Agriculture, 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 Finance 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 Finance may, so far as it relates to functions transferred by this Order to the Minister for Agriculture, be carried on or completed on or after such commencement by the Minister for Agriculture.

6. 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 imediately 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 Agriculture.

7. References to the Minister for Finance 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 Agriculture.

8. (1) All property (real or personal), rights and liabilities held, enjoyed, or incurred before the commencement of this Order by the Minister for Finance, in connection with the functions transferred by this Order, shall be and are hereby transfered to the Minister for Agriculture and, accordingly, without any further conveyance, transfer or assignment--

(a) the said property, real and personal, shall, on the commencement of this Order, vest in the Minister for Agriculture,

(b) the said rights shall, as on and from the commencement of this Order, be enjoyed by the Minister for Agriculture,

(c) the said liabilities shall, as on and from the commencement of this Order, be the liabilities of the Minister for Agriculture.

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

GIVEN under the Official Seal of the Government, this 23rd day of December, 1986.

EXPLANATORY NOTE.

This Order transfers to the Minister for Agriculture, with effect from the operative date of this Order, Ministerial functions in relation to Arterial Drainage.