General Prisons Board (Transfer of Functions) Order, 1928

• Jurisdiction: Ireland
• Citation: IR SI 79/1928
• Year: 1928

STATUTORY RULES AND ORDERS. 1928. No. 79.

GENERAL PRISONS BOARD (TRANSFER OF FUNCTIONS) ORDER, 1928.

WHEREAS it is enacted by subsection (1) of section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924) that it shall be lawful for the Executive Council by an Order of the Executive Council, to dissolve any board of commissioners or statutory body to which that section applies; and by the same order to transfer to, or confer or impose on, the Minister or Ministers who is or are head or heads of the appropriate Department or Departments of State concerned with the public services of any board of commissioners or statutory body dissolved under that section, all or any of the jurisdictions, powers, duties, and functions of such dissolved board of commissioners or statutory body; and by the same or any subsequent order to vest in the Minister or respective Ministers who is or are the head or heads of such appropriate Department or Departments of State as aforesaid, all or any part of the lands, hereditaments, tenements and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which were on the 6th day of December, 1921, or are at the time of making any such order under that subsection vested whether by statute, deed, contract, or otherwise, in or held in trust for any board of commissioners or statutory body dissolved by an order under that subsection, so that the same shall under and by virtue of such order without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company or corporation become and be vested in such Minister or respective Ministers for all the estate, term, and interest, or respective estates, terms, and interests for which the same were immediately before the making of such order vested in or held by such dissolved board of commissioners or statutory body, but subject to such (if any) trusts and equities as affect the said lands, hereditaments, tenements and premises, property and assets respectively at the time of making such order and are then legally subsisting and capable of being performed; and by the same or any subsequent order to make such adaptations and modifications as the Executive Council may consider necessary of or in any British Statute relating to any board of commissioners or other statutory body dissolved under that section:

AND WHEREAS it is enacted by subsection (4) of the said section 9 that the boards of commissioners and statutory bodies to which that section applies are all statutory boards of commissioners and other statutory boards and bodies exercising any function of government or discharging any public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS the General Prisons Board for Ireland is a board discharging public duties in relation to public administration in Saorstát Eireann and the Minister for Justice is the Minister who is head of the Department of State concerned with the public services of the said General Prisons Board:

AND WHEREAS it is expedient that the said General Prisons Board for Ireland should be dissolved and that their jurisdictions, powers, duties and functions should be transferred to and conferred and imposed on the Minister for Justice and that all necessary provisions consequential thereon be made:

NOW, THE EXECUTIVE COUNCIL of Saorstát Eireann in exercise of the powers conferred on them by the said section 9 of the Ministers and Secretaries Act, 1924 , (No. 16 of 1924) and of every and any other power them in this behalf enabling, do hereby order as follows:— 1. This Order may for all purposes be cited as the General Prisons Board (Transfer of Functions) Order, 1928. 2. The Interpretation Act, 1923 , (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas. 3. The General Prisons Board for Ireland (in this Order called the General Prisons Board) is hereby dissolved. 4. All the jurisdictions, powers, duties and functions of the General Prisons Board are hereby transferred to and conferred and imposed on the Minister for Justice. 5. The lands, hereditaments, tenements and premises mentioned in the Schedule to this Order and all lands, hereditaments, tenements and premises and all other property and assets (including choses-in-action) which are at the date of this Order vested whether by statute, deed, contract, or otherwise in or held in trust for the General Prisons Board shall as on and from the date of this Order become and be vested in the Minister for Justice subject however to such (if any) trusts and equities as affect the said lands, hereditaments, tenements and premises, property and assets respectively at the date of this Order and are at the said date legally subsisting and capable of being performed. 6. Every mention or reference contained in any British Statute of or to the General Prisons Board shall, so far as the same is not inconsistent with the provisions of this Order, be construed and have effect as a mention of or reference to the Minister for Justice. 7. Every mention or reference contained in Section 11 of the General Prisons (Ireland) Act, 1877, of or to a member of the General Prisons Board or of or to an inspector appointed under that Act shall be construed and have effect as a mention of or reference to an officer of the Minister for Justice appointed by the said Minister for the...