S.I. No. 94/1987:

SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1987.

SHANNON FREE AIRPORT DEVELOPMENT COMPANY LIMITED (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1987.

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 Shannon Free Airport Development Company Limited (Transfer of Departmental Administration and Ministerial Functions) Order, 1987.

(2) This Order shall come into operation on the 31st day of March, 1987.

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

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 Tourism and Transport.

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

4. (1) The functions vested in the Minister for Industry and Commerce by or under the Shannon Free Airport Development Company Acts, 1959 to 1986, in relation to the traffic development activities (tourism and avaition activities) of the Shannon Free Airport Development Company, are hereby transferred to the Minister for Tourism and Transport.

(2) References to the Minister for the Industry and Commerce 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 Tourism and Transport.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Industry and Commerce is a party and the proceedings have reference to functions transterred by this Order to the Minister for Tourism and Transport, the name of the Minister for Tourism and Transport, shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the prodeedings for that of the Minister for Industry and Commerce or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

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

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 commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for Tourism and Transport.

8. References to the Minister for Industry and Commerce 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 Tourism and Transport.

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

(a) the said property, real and personal, shall, on such commencement, vest in the Minister for Tourism and Transport,

(b) the said rights shall, as on and from such commencement, be enjoyed by the Minister for Tourism and Transport,

(c) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for Tourism and Transport.

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

GIVEN under the Official Seal of the Government this 31st day of March, 1987.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Tourism and Transport and to the Department of Tourism and Transport, respectively, with effect from the operative date of this Order, Ministerial functions and Departmental administration in relation to the Traffic Development Activities (Tourism and Aviation Activities) of the Shannon Free Airport Development Company Limited.