S.I. No. 842/2005 - Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005

STATUTORY INSTRUMENTS

S.I. No. 842 of 2005

MARITIME TRANSPORT, SAFETY AND SECURITY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER 2005

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 Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005.

(2) This Order comes into operation on 1 January 2006.

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 Transport.

(2) References to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for Communications, Marine and Natural Resources -

(a) by or under the Acts specified in Part 1,

(b) by or under the provisions of the Acts specified in Part 2, and

of the Schedule to this Order are transferred to the Minister for Transport.

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

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

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 from such commencement as if it had been granted or made by the Minister for Transport.

8. References to the Minister for Communications, Marine and Natural Resources 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 Transport.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Communications, Marine and Natural Resources, in connection with the functions transferred by this Order are transferred to the Minister for Transport and, accordingly, without any further conveyance, transfer or assignment, from such commencement -

(a) that property, real and personal shall vest in the Minister for Transport,

(b) those rights shall be enjoyed by the Minister for Transport, and

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

Schedule

Article 4(1)

Part 1

Acts

Free Ports Act 1986 (No. 6 of 1986)

Harbours Acts 1946 to 2005

Harbours Acts 1996 to 2005 (other than section 86 of the Harbours Act 1996 (No. 11 of 1996))

Irish Shipping Limited (Payments to Former Employees) Act 1994 (No. 10 of 1994)

Lough Corrib Navigation Act 1945 (No. 37 of 1945)

Maritime Safety Acts 1992 to 2005

Mercantile Marine Acts 1955 to 1983

Merchant Shipping Acts 1894 to 2005

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005

Sea Pollution Acts 1991 to 1999

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9 of 2005)

Shipping Investment Grants Act 1987 (No. 21 of 1987)

Part 2

Provisions of Acts

Section 12(1) of the Consular Conventions Act 1954 (No. 10 of 1954)

Section 35(1)(a) and (b) of the Disability Act 2005 (No. 14 of 2005) and, in so far as it relates to maritime transport, safety and security, paragraph (c) of that subsection

Section 4A (inserted by section 30 of the Fisheries (Amendment) Act 1999 (No. 35 of 1999) of the Marine Institute Act 1991

Part 3

Regulations

European Communities (Transport Auxiliaries) Regulations 1988 ( S.I. No. 18 of 1988 )

European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 )

European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations 1997 ( S.I. No. 506 of 1997 )

European Communities (Recreational Craft) Regulations 1998 ( S.I. No. 40 of 1998 )

European Communities Merchant Shipping (Port State Control) Regulations 1998 ( S.I. No. 145 of 1998 )

European Communities (Safety Management of Roll-on/Roll-off Passenger Ferries) Regulations 1998 ( S.I. No. 413 of 1998 )

European Communities (Registration of Persons Sailing on board Passenger Ships) Regulations 1998 ( S.I. No. 558 of 1998 )

European Communities (Mandatory Surveys for the Safe Operation of Regular Ro-Ro Ferry and High-Speed Passenger Craft Services) Regulations 2001 ( S.I. No. 405 of 2001 )

European Communities (Safety of Fishing Vessels) Regulations 2002 ( S.I. No. 417 of 2002 )

European Communities (Marine Equipment) Regulations 2003 ( S.I. No. 38 of 2003 )

European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues Regulations 2003 ( S.I. No. 117 of 2003 )

European Communities (Ship Inspection and Survey Organisations) Regulations 2003 ( S.I. No. 301 of 2003 )

European Communities (Safe Loading and Unloading of Bulk Carriers) Regulations 2003 ( S.I. No. 347 of 2003 )

European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 ( S.I. No. 532 of 2003 )

European Communities (Workers on Board Sea-going Fishing Vessels) (Organisation of Working Time) Regulations 2003 ( S.I. No. 709 of 2003 )

European Communities (Vessel Traffic Monitoring and Information System) Regulations 2004 ( S.I. No. 81 of 2004 )

European Communities (Ship and Port Facilities) Regulations 2004 ( S.I. No. 413 of 2004 )

European Communities (Passenger Ships) Regulations 2004 ( S.I. No. 716 of 2004 )

GIVEN under the Official Seal of the Government,

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20 December 2005.

BERTIE AHERN

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 Transport and to the Department of Transport, respectively, with effect from 1 January 2006, the Ministerial functions and Departmental Administration in relation to Maritime Transport, Safety and Security.