S.I. No. 9/1980:

ENERGY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1980.

ENERGY (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1980.

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 Energy (Transfer of Departmental Administration and Ministerial Functions) Order, 1980.

(2) This Order shall come into operation on the 22nd day of January, 1980.

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 paragraph (1) of this Article shall, on and after the Department of Energy.

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

4. (1) The functions vested in the Minister for Industry, Commerce and Energy by or under the statutes and statutory instruments mentioned in the Schedule to this Order are hereby transferred to the Minister for Energy.

(2) Any functions in relation to natural resources vested in the Minister for Industry, Commerce and Energy by section 1 (vii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and not transferred by paragraph (1) of this Article are hereby transferred to the Minister for Energy.

(3) The functions vested in the Minister for Industry, Commerce and Energy by or under any Private Act in relation to gas undertakings and the production, sale and distribution of gas and not transferred by the preceding paragraphs of this Article are hereby transferred to the Minister for Energy.

(4) References to the Minister for Industry, Commerce and Energy 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 Energy.

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

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 Energy.

8. References to the Minister for Industry, Commerce and Energy 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 Energy.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Industry, Commerce and Energy in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Energy 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 Energy,

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

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

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

SCHEDULE

PART I

Acts, functions under which are transferred from the Minister for Industry, Commerce and Energy to the Minister for Energy.

Geological Survey Act, 1845

Gasworks Clauses Act, 1847

Sale of Gas Act, 1859

Sale of Gas Act, 1860

Gas and Water Works Facilities Act, 1870

Gasworks Clauses Act, 1871

Gas Regulation Act, 1920

Shannon Electricity Acts, 1925 to 1933

Electricity (Supply) Acts, 1927 to 1976

Gas Regulation Act, 1928

Shannon Fisheries Acts, 1935 and 1938

Turf (Use and Development) Act, 1936

Liffey Reservoir Act, 1936

Minerals Development Act, 1940

Minerals Company Acts, 1941 to 1950

Turf Development Acts, 1946 to 1975

Erne Drainage and Development Act, 1950

Gas Regulation Act, 1957

Petroleum and other Minerals (Development) Act, 1960

Continental Shelf Act, 1968

Nuclear Energy Act, 1971

Fuels (Control of Supplies) Act, 1971

Gas Act, 1976

Bula Limited (Acquisition of Shares) Act, 1977

Minerals Development Act, 1979

PART II

Orders and Regulations, functions under which are transferred from the Minister for Industry, Commerce and Energy to the Minister for Energy.

Geological Survey (Re-distribution of Public Services) Order, 1928 (S.R. and O., No. 4 of 1928)

Minerals Exploration and Development (Application for Compensation) Regulations, 1941 (S.R. and O., No. 397 of 1941)

Continental Shelf (Designated Areas) Order, 1968 ( S.I. No. 182 of 1968 )

Continental Shelf (Designated Areas) Order, 1970 ( S.I. No. 96 of 1970 )

Continental Shelf (Designated Areas) Order, 1974 ( S.I. No. 36 of 1974 )

European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1974 ( S.I. No. 325 of 1974 )

Continental Shelf (Designated Areas) (No. 2) Order, 1974 ( S.I. No. 371 of 1974 )

European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1976 ( S.I. No. 59 of 1976 )

Continental Shelf (Designated Areas) Order, 1976 ( S.I. No. 164 of 1976 )

Continental Shelf (Designated Areas) Order, 1977 ( S.I. No. 21 of 1977 )

Continental Shelf (Designated Areas) Order, 1977 ( S.I. No. 22 of 1977 )

European Communities (Minimum Stocks of Petroleum Oils) Regulations, 1977 ( S.I. No. 78 of 1977 )

Continental Shelf (Protection of Installations) (Kinsale Head Field) Order, 1977 ( S.I. No. 285 of 1977 )

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

European Communities (Oil Fuels in Power Stations) Regulations, 1978 ( S.I. No. 75 of 1978 )

European Communities (Minimum Stocks of Fossil Fuels) Regulations, 1978 ( S.I. No. 76 of 1978 )

Fuels (Control of Supplies) (Regulation of Deliveries of Gas Diesel Oil) (No. 4) Order, 1979 ( S.I. No. 295 of 1979 )

Petroleum Oils (Control of Supply and Distribution) (Continuance) Order, 1979 ( S.I. No. 334 of 1979 )

Minerals Development Regulations, 1979 ( S.I. No. 340 of 1979 )

GIVEN under the Official Seal of the Government, this 15th day of January, 1980.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Energy and to the Department of Energy, respectively, Ministerial functions and Departmental administration in relation to energy, mines, minerals and petroleum.