STATUTORY INSTRUMENTS

S.I. No. 530 of 2006

MARINE AND NATURAL RESOURCES (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER 2006

MARINE AND NATURAL RESOURCES (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER 2006

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 Marine and Natural Resources (Transfer of Departmental Administration and Ministerial Functions) Order 2006.

2.         (1)       The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Communications, Marine and Natural Resources.

(2)       References to the Department of Transport contained in any Act or instrument made under an Act and relating to any administration and business transferred by paragraph (1) are to be read as references to the Department of Communications, Marine and Natural Resources.

3.         The functions conferred on the Minister for Transport -

(a)      by or under Part 2 of the Maritime Safety Act 2005 (No. 11 of 2005) relating to a fishery harbour centre to which the Fishery Harbour Centres Act 1968 (No. 18 of 1968) applies or any other harbour under the control or management of the Minister for Communications, Marine and Natural Resources, and

(b)      by or under Regulations 5, 7, 15(2)(b), 24 and 31 of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) (-�Regulations of 1997-�) relating to any of the enactments set out in Part I of the Second Schedule to those Regulations (other than the Air Navigation and Transport Act 1965 and the Harbours Act 1946 ),

are transferred to the Minister for Communications, Marine and Natural Resources.

4.    (1)       In the Maritime Safety Act 2005 -

(a)  in paragraph (c) of the definition of -�harbour authority-� in section 5, the references to the Minister, and

(b)  in section 17(7), the reference to the Minister,

are to be read as references to the Minister for Communications, Marine and Natural Resources.

(2)        In the Regulations of 1997 the reference to the Minister for Transport-

(c)  in Regulation 4(1), is to be read as including a reference to the Minister for Communications, Marine and Natural Resources, and

(d)  in Regulation 36(2)(a), is to be read as a reference to the Minister for Communications, Marine and Natural Resources.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Order is to correct the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ) which erroneously transferred certain functions of the Minister for Communications, Marine and Natural Resources to the Minister for Transport. Article 3 of this Order transfers those functions back to the Minister for Communications, Marine and Natural Resources, while Article 2 makes the corresponding transfer of the related administration and business to the Department of Communications, Marine and Natural Resources.