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Irish Statutory Instruments
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S.I. No. 92/1987 -- Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987.

S.I. No. 92/1987 -- Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987. 1987 92

S.I. No. 92/1987:

COMMUNICATIONS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (No. 2) ORDER, 1987.

COMMUNICATIONS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (No. 2) ORDER, 1987.

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 (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987.

(2) This Order shall come into operation on the 31st day of March, 1987.

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 Tourism and Transport.

(2) References to the Department of Communications 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 Tourism and Transport.

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

(a) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40 of 1983), which relate to functions under any of the statutes, and regulations mentioned in Part I and II of the Schedule to this Order, or

(b) by or under any of the statutes, orders or regulations mentioned in Parts III and IV of the Schedule to this Order, or

(c) by or under any of the statutes mentioned in the third column of Part V of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number

are hereby transferred to the Minister for Tourism and Transport.

(2) References to the Minister for Communications 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 Tourism and Transport.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Communications is a party and the proceedings have reference to functions transferred by this Order to the Minister for Tourism and Transport, the name of the Minister for Tourism and 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 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 may, so far as it relates to functions transferred by this Order to the Minister for Tourism and Transport, be carried on or completed on or after such commencement by the Minister for Tourism and 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 were operative immediately before the commencement of this Order, have effect on or after such commencment as if it had been granted or made by the Minister for Tourism and Transport.

8. References to the Minister for Communications 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 Tourism and Transport.

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

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

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

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

SCHEDULE

PART I

Statutes relating to functions vested in the Minister for Communications by the Ministers and Secretaries (Amendment) (No. 2) Act, 1983, which are transferred to the Minister for Tourism and Transport--

Fishguard and Rosslare Railways and Harbours Act, 1890,

Railway Employment (Prevention of Accident) Act, 1900,

Railway Act, 1921,

Railways Acts, 1924 to 1935,

Railways (Valuation for Rating) Act, 1931 ,

Road Transport Act, 1932 ,

Road Transport Act, 1933 ,

Road Transport Act, 1934 ,

Road Transport Act, 1935 ,

Air Navigation and Transport Act, 1936 to 1986.

Transport Act, 1944 ,

Aran Islands Transport Act, 1946 ,

Transport Act, 1950 ,

Great Northern Railway Act, 1953 ,

Transport (Miscellaneous Provisions Act) 1955

Transport Act, 1955 .

Road Transport Act, 1956 .

Transport Act, 1958 ,

Great Northern Railway Act, 1958 ,

Transport Act, 1959 ,

Transport Act, 1960 ,

State Guarantees (Transport) Act, 1962 ,

Transport Act, 1963 ,

Air Navigation (Eurocontrol) Act, 1963 to 1983,

Transport Act, 1964 ,

State Guarantees (Transport) (Amendment) Act, 1962

British and Irish Stream Packet Company Limited (Acquisition) Acts, 1965 to 1986.

Air Companies Acts, 1966 to 1983,

Transport Act, 1966 ,

Transport Act, 1969 ,

Transport Act, 1970 ,

Transport (Miscellaneous Provisions) Act, 1971 ,

Road Transport Act, 1971 ,

Transport Act, 1974 ,

Transport (No. 2) Act, 1974 ,

Road Transport Act, 1978 ,

Transport (Miscellaneous Provisions) Act, 1979 .

Transport Act, 1981 ,

Transport (Tour Operators and Travel Agents) Act, 1982 ,

Transport Act, 1983 .

PART II

Regulations relating to functions vested in the Minister for Communications by the Ministers and Secretaries (Amendment) (No. 2) Act, 1983, which are transferred to the Minister for Tourism and Transport--

Meteorological Survey (Redistribution of Public Services) Order, 1936.

European Communities (Road Transport) Regulations, 1974 ( S.I. No. 57 of 1974 )

European Communities (International Carriage of Passengers) Regulations, 1974 ( S.I. No. 133 of 1974 ),

European Communities (Prohibition of Discrimination in Transport Rates and Conditions) Regulations 1975, ( S.I. No. 175 of 1975 ),

European Communities (International Carriage of Goods by Road and Rail) Regulations, 1975 ( S.I. No. 225 of 1975 ),

European Communities (International Carriage of Passengers) Regulations, 1975 (S.I. No. 369 of 1975),

European Communities (Road Transport) (Amendment) Regulations 1977 ( S.I. No. 34 of 1977 ),

European Cvommunities (Merchandise Road Transport) Regulations 1977 ( S.I. No. 386 of 1977 ),

European Communities (Road Passenger Transport) Regulations 1977 ( S.I. No. 388 of 1977 ),

European Communities (International Carriage of Goods by Road and Rail) Regulations, 1979 ( S.I. No. 227 of 1979 ),

European Communities (International Carriage of Goods by Road) Regulations, 1980 ( S.I. No. 253 of 1980 ),

European Communities (Merchandise Road Transport) Regulations 1981 (S.I. No. 431 of 1981),

European Communities (Passenger Road Transport) Regulations, 1981 (S.I. No. 432 of 1981),

European Communities (International Carriage of Goods by Road and Rail) Regulations, 1982 ( S.I. No. 357 of 1982 ),

European Communities (International Carriage of Goods by Road) Regulations, 1982 ( S.I. No. 358 of 1982 ).

PART III

Statutes, functions under which are transferred from the Minister for Communications to the Minister for Tourism and Transport--

Transport Act, 1985 ,

Transport (Re-organisation of C.I.E.) Act, 1986,

Dublin Transport Authority Act, 1986 ,

Road Transport Act, 1986 .

PART IV

Regulations and Orders relating to functions vested in the Minister for Communications which are transferred to the Minister for Tourism and Transport--

European Communities (Restriction of Aeroplane Operations) Regulations, 1984 ( S.I. No. 14 of 1984 ),

European Communities (Registration of Aeroplanes) Regulations, 1984 ( S.I. No. 16 of 1984 ),

European Communities (International Carriage of Goods by Road) Regulations, 1985 ( S.I. No. 283 of 1985 ),

Road Transport (Vehicle Plate Issuing Stations) Order, 1986 ( S.I. No. 106 of 1986 ),

Road Transport Act, 1986 (Merchandise Licence Application Form) Regulations, 1986 ( S.I. No. 302 of 1986 ),

Road Transport Act (Fees) Regulations, 1986 ( S.I. No. 312 of 1986 ),

Road Transport Act (1933) (Part II) (Amendment) Regulations, 1986 ( S.I. No. 315 of 1986 ),

European Communities (Road Transport) Regulations, 1986 ( S.I. No. 392 of 1986 ),

European Communities (Recording Equipment) Regulations, 1986 ( S.I. No. 393 of 1986 ).

Part V

Statutes, certain functions under which are transferred from the Minister for Communications to the Minister to Tourism and Transport:
Ref. No. Statute Provisions of the Statutes mentioned in the second column functions under which are transferred to the Minister for Tourism and Transport
(1) (2) (3)
1. Minister of Transport Act, 1919. Provisions applying to road and rail transport and Rosslare Harbour.
2. Local Government Act, 1946 , as amended by the Canals Act, 1986 . Sections 47, 48, 57 and 60 in far as those sections relate to the construction or reconstruction of bridges, viaducts and tunnels over or under a railway.
3. Intoxicating Liquor Act, 1943 . Part IV.
4. Intoxicating Liquor Act, 1946 . The whole Act.
5. Intoxicating Liquor Act, 1953 . Sections 1 to 6.
6. Road Traffic Act, 1961 . Sections 114(4) and 114(7).
7. Superannuation and Pensions Act, 1963 Section 34
8. Corporation Tax Act, 1976 . Section 5(5) insofaras that subsection requires consultation in respect of exempted trading operations.

GIVEN under the Official Seal, of the Government, this 31st day of March, 1987.

CHARLES J. HAUGHEY.

EXPLANATORY NOTE.

This Order transfers to the Minister for Tourism and Transport and to the Department of Tourism and Transport, respectively, with effect from the operative date of this Order, Ministerial functions and Departmental administration in relation to Non-Marine Transport functions.

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