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S.I. No. 21/1993 - Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

S.I. No. 21 of 1993.

ARTS AND CULTURE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1993.

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 Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

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 the Gaeltacht.

(2) References to the Department of the Taoiseach contained in any Act (other than section 8 (4) of the National Archives Act, 1986 (No. 11 of 1986)) 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 the Gaeltacht.

4. (1) There are hereby transferred to the Minister for the Gaeltacht the functions vested in the Taoiseach by or under any Act mentioned in the Schedule to this Order.

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

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Taoiseach is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Gaeltacht, the name of the Minister for the Gaeltacht shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Taoiseach 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 Taoiseach may insofar as it relates to functions transferred by this Order to the Minister for the Gaeltacht be carried on or completed on or after such commencement by the Minister for the Gaeltacht.

7. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and insofar as it was operative immediately before the commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for the Gaeltacht.

8. References to the Taoiseach 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 the Gaeltacht.

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

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

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

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

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

SCHEDULE

Acts functions under which are transferred from the Taoiseach to the Minister for the Gaeltacht

National Gallery Museum and Library Act, 1854.

National Gallery Museum and Library (Amendment) Act, 1855.

National Gallery (Amendment) Act, 1865.

National Gallery of Ireland Acts, 1928 and 1963.

Dublin Science and Art Museum Act, 1877.

Arts Acts, 1951 and 1973.

Chester Beatty Library Acts, 1968 and 1986.

National Archives Act, 1986 save section 1 (3), section 8 (4), (10) (b), (11) and section 11.

National Monuments Acts 1930, 1954 and 1987.

Documents and Pictures (Regulation of Export) Act, 1945 .

Irish Film Board Act, 1980 .

Temple Bar Renewal and Development Act, 1991.

GIVEN under the Official Seal of the Government, this 20th day of January, 1993.

ALBERT REYNOLDS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for the Gaeltacht with effect from the date specified Ministerial functions and Departmental administration in relation to arts and culture.