Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959.

• Jurisdiction: Ireland

S.I. No. 125 of 1959.

TRANSPORT, FUEL AND POWER (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1959.

The Government, in exercise of the powers conferred on them by subsection (1) of section 6 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), hereby order as follows : 1. This Order may be cited as the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959. 2. In this Order—

" functions " includes powers and duties ;

" operative date " means the date of this Order. 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 Transport and Power.

(2) References to the Department of Industry and Commerce 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 operative date, be construed as references to the Department of Transport and Power. 4.—(1) The functions vested in the Minister for Industry and Commerce by or under the Acts and the Orders mentioned in the First Schedule to this Order are hereby transferred to the Minister for Transport and Power.

(2) The functions vested in the Minister for Industry and Commerce by or under the provisions mentioned in the third column of the Second Schedule to this Order at any reference number of any Act mentioned in the second column of that Schedule at that reference number are hereby transferred to the Minister for Transport and Power.

(3) The functions vested in the Minister for Industry and Commerce, whether by or under any Act or instrument made thereunder or otherwise, in relation to railways, light railways, tramways, canals, waterways, inland navigations, harbours, docks, piers, gas undertakings and the production, sale and distribution of gas (other than functions in relation to gas undertakings vested in the Minister for Industry and Commerce by or under the Factories Act, 1955 (No. 20 of 1955), and functions in relation to the weighing and measurement of gas) and not transferred by the preceding paragraphs of this Article are hereby transferred to the Minister for Transport and Power.

(4) References to the Minister for Industry and Commerce contained in any Act or instrument made thereunder, and in the Orders mentioned in the First Schedule to this Order, and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for Transport and Power. 5.—(1) All property (real or personal), rights and liabilities held enjoyed, or incurred before the operative date by the Minister for Industry and Commerce, in connection with any functions transferred by this Order to the Minister for Transport and Power, shall be and are hereby transferred to the Minister for Transport and Power, and accordingly, without any further conveyance, transfer or assignment—

(a) the said property shall on the operative date vest in the Minister for Transport and Power,

(b) the said rights shall, as on and from the operative date, be enjoyed by the Minister for Transport and Power,

(c) the said liabilities shall, as on and from the operative date be the liabilities of the Minister for Transport and Power

(2) All moneys, stocks, shares and securities transferred to the Minister for Transport and Power by this Article which, on the operative date, are standing in the books of any corporation or company in the name of the Minister for Industry and Commerce shall, upon the request of the Minister for Transport and Power, be transferred into his name. 6. Where, immediately before the operative date, any legal...