S.I. No. 300/2002 - Communications, Energy and Geological Survey of Ireland (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 Communications, Energy and Geological Survey of Ireland (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 transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2)      References to the Department of Public Enterprise 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 commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4.         (1)      The functions vested in the Minister for Public Enterprise -

(a)      by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b)      under the Regulations mentioned in Part 2 of that Schedule, and

(c)      in relation to the Geological Survey of Ireland,

are transferred to the Minister for the Marine and Natural Resources.

(2)      References to the Minister for Public Enterprise contained in any Act 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 Marine and Natural Resources.

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

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 the Marine and Natural Resources.

8.         References to the Minister for Public Enterprise 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 Marine and Natural Resources.

9.         (1)      All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Public Enterprise, in connection with the functions transferred by this Order shall be and are transferred to the Minister for the Marine and Natural Resources 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 Marine and Natural Resources,

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

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

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

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

Sections 1 to 4, and 6 of the Telegraph Act 1869 (32 & 33 Vict. c. 73)

Sections 3A, 9, 10 and 12A of the Wireless Telegraphy Act 1926 (No. 45 of 1926)

Section 16 (3) (b) of the Broadcasting Authority Act 1960 (No. 10 of 1960)

Postal and Telecommunications Services Acts 1983 to 1999

Telecommunications (Miscellaneous Provisions) Act 1996 (No. 34 of 1996)

Electronic Commerce Act 2000 (No. 27 of 2000)

Communications Regulation Act 2002 (No. 20 of 2002)

Shannon Electricity Act 1925 (No. 26 of 1925)

Electricity (Supply) Acts 1927 to 2001

Electricity (Finance) Act 1929 (No. 26 of 1929)

Electricity Agreements (Adaptation) Act 1929 (No. 39 of 1929)

Approved Investments Act 1933 (No. 34 of 1933)

Liffey Reservoir Act 1936 (No. 54 of 1936)

Electricity Supply Board (Superannuation) Act 1942 (No. 17 of 1942)

Erne Drainage and Development Act 1950 (No. 15 of 1950)

Energy (Miscellaneous) Provisions Act 1995 (No. 35 of 1995)

Electricity and Gas Regulation Acts 1999 to 2002

Gasworks Clauses Act 1847 (10 Vict. c. 15)

Gas Regulation Acts 1920 to 1982

Gas Acts 1976 to 2002

Fuels (Control of Supplies) Acts 1971 and 1982

Irish National Petroleum Corporation Limited Act 2001 (No. 26 of 2001)

Sustainable Energy Act 2002 (No. 2 of 2002)

Turf (Use and Development) Act 1936 (No. 23 of 1936)

Turf Development Acts 1946 to 1998.

PART 2

Regulations, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

European Communities (Co-Ordinated Introduction of Public Pan-European Cellular Digital Land-Based Mobile Communications-GSM) Regulations 1994 ( S.I. No. 416 of 1994 )

Regulation 13 of the European Communities (Interconnection in Telecommunications Regulations 1998 ( S.I. No. 15 of 1998 )

Regulation 8 (4) of the European Communities (Voice Telephony and Universal Service Regulations 1999 ( S.I. No. 71 of 1999 )

Part 11 of European Communities (Internal Market in Electricity) Regulations 2000 ( S.I. No. 445 of 2000 )

European Communities (Natural Gas in Power Stations) Regulations 1978 ( S.I. No 73 of 1978 )

European Communities (Minimum Stocks of Petroleum Oils) Regulations 1995 ( S.I. No. 96 of 1995 )

European Communities (Efficiency Requirements for new Hot-Water Boilers fired with Liquid or Gaseous Fuels) Regulations 1994 ( S.I. No. 260 of 1994 )

European Communities (Energy Labelling of Household Electric Refrigerators and Freezers Regulations 1995 ( S.I. No. 122 of 1995 )

European Communities (Energy Labelling of Household Electric Washing Machines Regulations 1996 ( S.I. No. 109 of 1996 )

European Communities (Energy Labelling of Household Electric Tumble Driers) Regulations 1996 ( S.I. No. 110 of 1996 )

European Communities (Energy Labelling of Household Combined Washer-Driers Regulations 1997 ( S.I. No. 319 of 1997 )

European Communities (Energy Efficiency Requirements for Household Electric Refrigerators, Freezers and Combinations thereof) Regulations 1997 ( S.I. No. 482 of 1997 )

European Communities (Energy Labelling of Household Dishwashers) Regulations 1998 ( S.I. 210 of 1998 )

European Communities (Energy Labelling of Household Lamps) Regulations 1999 ( S.I. No. 170 of 1999 )

European Communities (Energy Efficiency Requirements for Ballasts for Fluorescent Lighting) Regulations 2001 ( S.I. No. 511 of 2001 )

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 the Marine and Natural Resources and to the Department of the Marine and Natural Resources, respectively, with effect from the date of this Order, the Departmental Administration and Ministerial functions in relation to Communications, Energy and the Geological Survey of Ireland.