S.I. No. 83/1965 - Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1965.

S.I. No. 83 of 1965.

FISHERIES (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1965.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 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 Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1965.

(2) This Order shall come into operation on the 3rd day of May, 1965.

2. In this Order—

"functions" includes powers and duties;

"operative date" means the date on which this Order comes into operation.

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 Agriculture.

(2) References to the Department of Lands 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 operative date, be construed as references to the Department of Agriculture.

4.—(1) The functions vested in the Minister for Lands by or under the following Acts are hereby transferred to the Minister for Agriculture:

(a) the Fisheries Acts; 1959 to 1964,

(b) the Fisheries (Revision of Loans) Act, 1931 (No. 33 of 1931),

(c) the Electricity (Supply) Acts, 1927 to 1963,

(d) the Whale Fisheries Act, 1937 (No. 4 of 1937),

(e) the Arterial Drainage Acts, 1945 and 1955,

(f) the Turf Development Acts, 1946 to 1961,

(g) the Local Authorities (Works) Act, 1949 (No. 17 of 1949),

(h) the Freshwater Fisheries (Prohibition of Netting) Act, 1951 (No. 21 of 1951),

(i) the Foyle Fisheries Acts, 1952 and 1961,

(j) the Sea Fisheries Acts, 1952 to 1963,

(k) the Maritime Jurisdiction Act, 1959 (No. 22 of 1959),

(l) the Finance Act, 1963 (No. 23 of 1963).

(2) The functions vested in the Minister for Lands by or under the Statistics Acts, 1926 and 1946, so far as those Acts relate to statistics within the meaning of those Acts, with respect to sea and inland fisheries, are hereby transferred to the Minister for Agriculture.

(3) The functions vested in the Minister for Lands by or under the Agricultural Products (Regulation of Import) Act, 1938 (No. 14 of 1938), so far as that Act relates to fishery products within the meaning of that Act, are hereby transferred to the Minister for Agriculture.

(4) The functions vested in the Minister for Lands by or under the Agricultural and Fishery Products (Regulation of Export) Act, 1947 (No. 18 of 1947), so far as that Act relates to fishery products within the meaning of that Act, are hereby transferred to the Minister for Agriculture.

(5) References to the Minister for Lands contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for Agriculture.

5.—(1) All property (real or personal), rights and liabilities held, enjoyed, or incurred before the operative date by the Minister for Lands, in connection with any functions transferred by this Order to the Minister for Agriculture, shall be and are hereby transferred to the Minister for Agriculture, and accordingly, without any further conveyance, transfer or assignment—

(a) the said property shall on the operative date vest in the Minister for Agriculture,

(b) the said rights shall, as on and from the operative date, be enjoyed by the Minister for Agriculture,

(c) the said liabilities shall, as on and from the operative date, 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 operative date, are standing in the books of any corporation or company in the name of the Minister for Lands shall, upon the request of the Minister for Agriculture, be transferred into his name.

6. Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Lands 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 be substituted in the proceedings for that of the Minister for Lands, and the proceedings shall not abate by reason of such substitution.

7. Anything commenced before the operative date by or under the authority of the Minister for Lands 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 the operative date by the Minister for Agriculture.

8. Every licence, certificate or other like document 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 operative date, have effect on and after the operative date as if it had been granted or made by the Minister for Agriculture.

GIVEN under the Official Seal of the Government, this 27th day of April, 1965.

SEÁN F. LEMASS

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Agriculture and the Department of Agriculture, respectively, with effect as from 3rd May, 1965, the Ministerial functions and Departmental administration in relation to fisheries.