S.I. No. 5/1927 - Department of Agriculture and Technical Instruction For Ireland (Fisheries) (Transfer of Functions) Order, 1927.

STATUTORY RULES AND ORDERS. 1927. No. 5.

DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR IRELAND (FISHERIES) (TRANSFER OF FUNCTIONS) ORDER, 1927.

WHEREAS by sub-section (2) of section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), it is enacted that it shall be lawful for the Executive Council by an Order of the Executive Council to transfer to and confer or impose on any Minister any of the jurisdictions, powers, duties, and functions of any board of commissioners or statutory body to which that section applies, and to declare that the public services and officers concerned with the jurisdictions, powers, duties, and functions transferred, conferred, or imposed by such Order as aforesaid are comprised and included in the public services and officers of the Department of State administered by or under such Minister as head thereof, and by the same or any subsequent Order to vest in the Minister or respective Ministers who is or are the head or heads of such appropriate Department or Departments of State as aforesaid all or any part of the lands, hereditaments, tenements, and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which were on the 6th day of December, 1921, or shall at the time of making any such Order under that sub-section be vested, whether by statute, deed, contract, or otherwise, in or held in trust for any such board of commissioners or statutory body and which were connected with the exercise or performance of any of the jurisdictions, powers, duties or functions transferred, conferred, or imposed by an Order under that sub-section, and by the same or any subsequent Order to make such adaptations and modifications as the Executive Council may consider necessary of or in any British statute relating to any board of commissioners or statutory body whose or any of whose jurisdictions, powers, duties, and functions are transferred, conferred or imposed by an Order under that sub-section:

AND WHEREAS it is enacted by sub-section (4) of the same section that the boards of commissioners and statutory bodies to which that section applies are all statutory boards of commissioners and other statutory boards and bodies exercising any functions of government or discharging any public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS the Department of Agriculture and Technical Instruction for Ireland is a statutory body discharging public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS it is expedient that the jurisdictions, powers, duties, and functions in relation to fisheries now vested in the Department of Agriculture and Technical Instruction for Ireland should be transferred to and conferred and imposed on the Minister for Fisheries:

NOW the Executive Council of Saorstát Eireann, in exercise of the powers conferred on them by the said section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1.— This Order may for all purposes be cited as the Department of Agriculture and Technical Instruction for Ireland (Fisheries) (Transfer of Functions) Order, 1927.

2.— The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.— All the jurisdictions, powers, duties, and functions in relation to fisheries (whether under the Fisheries (Ireland) Acts, 1842 to 1909 or under any other Act) which are at the date of this Order transferred to or conferred or imposed on the Department of Agriculture and Technical Instruction for Ireland by the Agriculture and Technical Instruction (Ireland) Act, 1899, or any other enactment are hereby transferred to and conferred and imposed on the Minister for Fisheries.

4.— The public services and officers concerned with so much of the jurisdictions, powers, duties and functions of the Department of Agriculture and Technical Instruction for Ireland as are transferred by this Order to the Minister for Fisheries shall henceforth be comprised and included in the public services and officers of the Department of Fisheries.

5.— All the lands, hereditaments, tenements, and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) and also including all sums of money due and payable to the Department of Agriculture and Technical Instruction for Ireland in respect of loans advanced for fishery purposes as more definitely detailed in the schedule hereto which at the date of this Order are vested, whether by statute, deed, contract or otherwise, in or held in trust for the Department of Agriculture and Technical Instruction for Ireland and which are connected with the exercise or performance of any of the jurisdictions, powers, duties, or functions of that Department transferred to, or conferred or imposed on the Minister for Fisheries by this Order, are hereby vested in the Minister for Fisheries and shall, without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company, or corporation, become and be vested in the said Minister for all the estate, term, and interest for which the same were immediately before the making of this Order vested in or held by the Department of Agriculture and Technical Instruction for Ireland but subject to such (if any) trusts and equities as affect the said lands, hereditaments, tenements, and premises, property, and assets respectively at the date of this Order and are legally subsisting and capable of being performed.

6.— Every mention or reference contained in any British Statute in relation to the exercise or performance of any of the jurisdictions, powers, duties, and functions transferred by this Order of or to the Department of Agriculture and Technical Instruction for Ireland or of or to any person whose jurisdictions, powers, duties, or functions have been transferred to that Department shall be construed and take effect as a mention of or reference to the Minister for Fisheries.

Dublin.

This 12th day of January, 1927.

SCHEDULE

Summary of Amounts outstanding on 31st March, 1926, in respect of loans advanced for fishery purposes by the Department of Agriculture and Technical Instruction for Ireland.