S.I. No. 28/1977:

LANDS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1977.

LANDS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1977.

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 Lands (Transfer of Departmental Administration and Ministerial Functions) Order, 1977.

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 Agriculture and Fisheries.

(2) References to the Department of Lands 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 Agriculture and Fisheries.

4. (1) The functions vested in the Minister for Lands by or under the Land Purchase Acts and any other functions in relation to the Irish Land Commission vested in the Minister for Lands are hereby transferred to the Minister for Agriculture and Fisheries.

(2) References to the Minister for Lands 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 Agriculture and Fisheries.

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

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 Agriculture and Fisheries.

8. References to the Minister for Lands contained in the memorandum and articles of association of any company and relating to any functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Agriculture and Fisheries.

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

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

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

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

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

GIVEN under the Official Seal of the Government, this 8th day of February, 1977.

LIAM MAC COSGAIR,

Taoiseach.

EXPLANATORY NOTE.

The effect of this Order is to transfer to the Minister for Agriculture and Fisheries the functions in relation to the Irish Land Commission hitherto vested in the Minister for Lands.