S.I. No. 62/1961:

TRANSPORT, FUEL AND POWER (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1961.

TRANSPORT, FUEL AND POWER (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1961.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), hereby order as follows :

1. This Order may be cited as the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1961.

2. In this Order--

" the Acts " means the Customs-free Airport Acts, 1947 and 1958 ;

" airport " has the meaning it has in the Acts ;

" functions " includes powers and duties ;

" trade or business " means trade or business in respect of which the restriction imposed by section 7 of the Customs-free Airport (Amendment) Act, 1958 (No. 29 of 1958), applies ;

" operative date " means the date of this Order.

3.--(1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 4 of this Order are hereby transferred to the Department of Industry and Commerce.

(2) References to the Department of Transport and Power contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of Industry and Commerce.

4.--(1) The functions which relate to licences authorising the carrying on of trade or business within the airport and which are vested in the Minister for Transport and Power by virtue of the Acts and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), are hereby transferred to the Minister for Industry and Commerce.

(2) References to the Minister for Transport and Power contained in any Act or instrument made thereunder, and relating to the functions transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Minister for Industry and Commerce.

5. Where, immediately before the operative date, any legal proceedings are pending to which the Minister for Transport and Power is a party and the proceedings have reference to the functions transferred by Article 4 of this Order to the Minister for Industry and Commerce, the name of the Minister for Industry and Commerce shall be substituted in the proceedings for that of the Minister for Transport and Power and the proceedings shall not abate by reason of such substitution.

6. Anything commenced before the operative date by or under the authority of the Minister for Transport and Power may, so far as it relates to the functions transferred by Article 4 of this Order to the Minister for Industry and Commerce, be carried on or completed on or after the operative date by the Minister for Industry and Commerce.

7. Every licence granted in the exercise of the functions transferred by Article 4 of this Order shall, if and in so far as it was operative immediately before the operative date, have effect on and after the operative date as if it had been granted by the Minister for Industry and Commerce.

GIVEN under the Official Seal of the Government, this 10th day of March, 1961.

(Signed) SEÁN F. LEMASS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Industry and Commerce and to the Department of Industry and Commerce, respectively, with effect from the date of this Order, certain Ministerial functions and Departmental administration in relation to licences under the Customs-free Airport Acts, 1947, and 1958, authorising the carrying on of trade or business within the Airport.