S.I. No. 296/2002 - Rural Development (Transfer of Departmental Administration and Ministerial Functions) Order 2002

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 Rural Development (Transfer of Departmental Administration and Ministerial Functions) Order 2002.

(2) This Order comes into operation on 18 June 2002.

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 relating to any functions transferred by Article 4 of this Order are transferred to the Department of Arts, Heritage, Gaeltacht and the Islands.

(2) References to the Department of Agriculture, Food and Rural Development contained in any Act or instrument made thereunder or any programme or other matter 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 Arts, Heritage, Gaeltacht and the Islands.

4. (1) The functions vested in the Minister for Agriculture, Food and Rural Development-

(a) under the programmes and other matters relating to rural development mentioned in the Schedule to this Order, and

(b) by or under the Western Development Commission Act 1998 (No. 42 of 1998),

are transferred to the Minister for Arts, Heritage, Gaeltacht and the Islands.

(2) References to the Minister for Agriculture, Food and Rural Development contained in any Act or instrument made thereunder or any programme or other matter 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 Arts, Heritage, Gaeltacht and the Islands.

5. Where, immediately before the commencement of the Order, any legal proceedings are pending to which the Minister for Agriculture, Food and Rural Development is a party and the proceedings have reference to functions transferred by this Order to the Minister for Arts, Heritage, Gaeltacht and the Islands, the name of the Minister for Arts, Heritage Gaeltacht and the Islands 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 Agriculture, Food and Rural Development 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 Agriculture, Food and Rural Development may, in so far as it relates to functions transferred by this Order to the Minister for Arts, Heritage, Gaeltacht and the Islands, be carried on or completed on or after such commencement by the Minister for Arts, Heritage, Gaeltacht and the Islands.

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 had been granted or made by the Minister for Arts, Heritage, Gaeltacht and the Islands.

8. References to the Minister for Agriculture, Food and Rural Development 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 Arts, Heritage, Gaeltacht and the Islands.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Agriculture, Food and Rural Development, in connection with the functions transferred by this Order shall be and are transferred to the Minister for Arts, Heritage, Gaeltacht and the Islands 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 Arts, Heritage, Gaeltacht and the Islands,

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

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

(2) All moneys, stocks, shares and securities transferred to the Minister for Arts, Heritage, Gaeltacht and the Islands by this Article which, on such commencement, are standing in the name of the Minister for Agriculture, Food and Rural Development shall on the request of the Minister for Arts, Heritage, Gaeltacht and the Islands be transferred into the name of the Minister for Arts, Heritage, Gaeltacht and the Islands.

SCHEDULE

Programmes, etc., responsibility for which are transferred from the Minister for Agriculture, Food and Rural Development to the Minister for Arts, Heritage, Gaeltacht and the Islands.

Leader II Programme

Leader + Programme

National Rural Development Programme

Peace II

Interreg III A

IFI - International Fund for Ireland

Steering Committee on Cross Border Rural Development

Clár Programme

White Paper on Rural Development (implementation)

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GIVEN under the Official Seal of the Government,

18 June 2002

Bertie Ahern T.D.

Taoiseach

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for Arts, Heritage, Gaeltacht and the Islands and to the Department of Arts, Heritage, Gaeltacht and the Islands, respectively, with effect from the date of this Order, the Departmental Administration and Ministerial functions in relation to Rural Development.