S.I. No. 62/1996:

HERITAGE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1996.

HERITAGE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1996.

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 Heritage (Transfer of Departmental Administration and Ministerial Functions) Order, 1996.

(2) This Order shall come into operation on the 12th day of March, 1996.

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

"the Minister" means the Minister for Arts, Culture and the Gaeltacht.

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 Arts, Culture and the Gaeltacht.

(2) References to the Department of Finance contained in any Act or any 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 Arts, Culture and the Gaeltacht.

4. (1) The functions vested in the Minister for Finance by or under section 5 (9) (other than paragraph (e) thereof) of the Shannon Navigation Act, 1990 (No. 20 of 1990), are hereby transferred to the Minister.

(2) References to the Minister for Finance contained in any Act or instrument made thereunder and relating to any function transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister.

5. 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, the name of the Minister 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.

6. Anything commenced before the commencement of this Order by or under the authority of the Minister for Finance may, if and in so far as it relates to a function transferred by this Order to the Minister, be carried on or completed on or after such commencement by the Minister.

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.

8. References to the Minister for Finance contained in the memorandum and articles of association of any company if and in so far as it relates to a function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister.

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

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

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

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

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

GIVEN under the Official Seal of the Government, this 12th

day of March, 1996.

JOHN BRUTON,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Arts, Culture and the Gaeltacht, with effect from the date specified, certain Ministerial functions and Departmental administration in relation to Heritage.