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S.I. No. 26/1991 - Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1991.

S.I. No. 26 of 1991.

COMMUNICATIONS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1991.

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 Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1991.

(2) This Order shall come into operation on the 8th day of February, 1991.

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

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 Tourism, Transport and Communications.

(2) References to the Department of Communications 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 Tourism, Transport and Communications.

4. (1) There are hereby transferred to the Minister for Tourism, Transport and Communications the functions vested in the Minister for Communications by or under the Ministers and Secretaries (Amendment) Act, 1983 .

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

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Communications is a party and the proceedings have reference to functions transferred by this Order to the Minister for Tourism, Transport and Communications, the name of the Minister for Tourism, Transport and Communications 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 Communications, 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 Communications may, so far as it relates to functions transferred by this Order to the Minister for Tourism, Transport and Communications, be carried on or completed on or after such commencement by the Minister for Tourism, Transport and Communications.

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 has been granted or made by the Minister for Tourism, Transport and Communications.

8. References to the Minister for Communications contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Transport and Communications.

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

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

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

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

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

GIVEN under the Official Seal of the Government, this 6th day of February, 1991.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Tourism, Transport and Communications with effect from the date specified Ministerial functions and Departmental administration in relation to Communications.