S.I. No. 217/1968 - Wheat Milling (Transfer of Departmental Administration and Ministerial Functions) Order, 1968.

S.I. No. 217 of 1968.

WHEAT MILLING (TRANSFER OF DEPARTMENTALADMINISTRATION AND MINISTERIAL FUNCTIONS)ORDER, 1968.

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 Wheat Milling (Transfer of Departmental Administration and Ministerial Functions) Order, 1968.

2. In this Order "functions" includes powers and duties; "operative date" means the date of this Order.

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 and Fisheries.

(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 operative date, be construed as references to the Department of Agriculture and Fisheries.

4. (1) The functions vested in the Minister for Industry and Commerce by or under the Agricultural Produce (Cereals) Acts, 1933 to 1961, are hereby transferred to the Minister for Agriculture and Fisheries.

(2) (a) The functions vested in the Minister for Industry and Commerce by or under the Flour and Wheatenmeal Act, 1956 (No. 40 of 1956), other than the excepted functions, are hereby transferred to the Minister for Agriculture and Fisheries.

(b) In this subparagraph "the excepted functions" means—

(i) the functions relating to the power under section 4 of the Flour and Wheatenmeal Act, 1956 , to prescribe prices for the purposes of section II of that Act, and

(ii) the functions relating to the power under section 4 of the Flour and Wheatenmeal Act, 1956 , to prescribe (for the purposes of the definition of straightrun flour in section 3 of that Act) a percentage of wheat in relation to the power under section 4 of that Act to prescribe prices for the purposes of section 11 of that Act.

(3) References to the Minister for Industry and Commerce contained in any Act referred to in this Article, or in any 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 and Fisheries.

5. Anything commenced before the operative date 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 Agriculture and Fisheries, be carried on or completed on or after the operative date by the Minister for Agriculture and Fisheries.

6. Every licence, certificate or other 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 and Fisheries.

7. References to the Minister for Industry and Commerce contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the operative date, be construed as references to the Minister for Agriculture and Fisheries.

GIVEN under the Official Seal of the Government, this 18th day of

October, 1968.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

This Order provides for the transfer from the Minister for Industry and Commerce to the Minister for Agriculture and Fisheries of functions under the Agricultural Produce (Cereals) Acts 1933 to 1961 and certain functions under the Flour and Wheatenmeal Act, 1956 .