Sea Fisheries, Foreshore and Dumping At Sea (Transfer of Departmental Administration and Ministerial Functions) Order, 2007

• Jurisdiction: Ireland
• Citation: IR SI 707/2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th October, 2007.

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 Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 and comes into operation on 19 October 2007.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture and Food.

(2) A reference 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) shall be construed as a reference to the Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources by or under—

(a) an enactment cited in Part 1 of the Schedule to this Order, and

(b) Regulations made under section 3 of the European Communities Act 1972 cited in Part 2 of that Schedule,

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained in an enactment or instrument made under an enactment and relating to a function transferred by this Article shall be construed as a reference to the Minister for Agriculture and Food.

4. 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 Agriculture and Food, the name of the Minister for Agriculture and Food, is, in so far as the proceedings relate to any function transferred by this Order, 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.

5. 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 Agriculture and Food, be carried on or completed by the Minister for Agriculture and Food.

6. A document (including a certificate or licence) granted or made in the exercise of a function transferred by this Order has effect on and after such commencement as if it had been granted or made by the Minister for Agriculture and Food.

7. A reference 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 be construed as a reference to the Minister for Agriculture and Food.

8. (1) 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 a function transferred by this Order is transferred to the Minister for Agriculture and Food and, accordingly...