Heritage (Transfer of Departmental Administration and Ministerial Functions) Order, 2002

• Jurisdiction: Ireland
• Year: 2002
• Citation: IR SI 356/2002

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 Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002.

(2) This Order comes into operation on 10 July 2002. 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 transferred to the Department of the Environment and Local Government.

(2) References to the Department of Community, Rural and Gaeltacht Affairs 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 the Environment and Local Government. 4. (1) The functions vested in the Minister for Community, Rural and Gaeltacht Affairs -

(a) by or under any of the instruments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

(c) in relation to the Royal Botanic Gardens (specified in the First Part of the Schedule to the Ministers and Secretaries (Amendment) Act 1928 ( No. 6 of 1928 )),

are transferred to the Minister for the Environment and Local Government.

(2) References to the Minister for Community, Rural and Gaeltacht Affairs 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 the Environment and Local Government. 5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Community, Rural and Gaeltacht Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Environment and Local Government, the name of the Minister for the Environment and Local Government 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 Community, Rural and Gaeltacht Affairs 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 Community, Rural and Gaeltacht Affairs may, in so far as it relates to functions transferred by this Order to the Minister for the Environment and Local Government, be carried on or completed on or after such commencement by the Minister for the Environment and Local Government. 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...