STATUTORY INSTRUMENTS.

S.I. No. 417 of 1981.

ROAD TRANSPORT REGULATIONS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1981.

S.I. No. 417 of 1981.

ROAD TRANSPORT REGULATIONS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1981.

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 Road Transport Regulations (Transfer of Departmental Administration and Ministerial Functions) Order, 1981 and shall come into operation on the 1st day of January, 1982.

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 Transport.

(2) References to the Department of Labour 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 Transport.

4. (1) The functions vested in the Minister for Labour by the following Regulations are hereby transferred to the Minister for Transport:--

(a) the European Communities (Road Transport) Regulations, 1975 ( S.I. No. 260 of 1975 ),

(b) the European Communities (Road Transport) Regulations, 1979 ( S.I. No. 16 of 1979 ),

(c) the European Communities (Road Transport) (Recording Equipment) Regulations, 1979 ( S.I. No. 214 of 1979 ), and

(d) the European Communities (Road Transport) (Exemptions) Regulations, 1980 ( S.I. No. 390 of 1980 ).

(2) The functions vested in the Minister for Industry and Commerce by or under the provisions of sections 114(4) and 114(7) of the Road Traffic Act, 1961 (No. 24 of 1961) , and transferred to the Minister for Labour by virtue of the provisions of the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), are hereby transferred to the Minister for Transport.

(3) References to the Minister for Labour 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 Transport.

5. Where immediately before the commencement of this Order any legal proceedings are pending to which the Minister for Labour is a party and the proceedings have reference to functions transferred by this Order to the Minister for Transport, the name of the Minister for Transport shall be substituted in the proceedings for that of the Minister for Labour 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 Labour may, so far as it relates to functions transferred by this Order to the Minister for Transport, be carried on or completed on or after such commencement by the Minister for Transport.

7. Every document (including any authorisation) 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 or made by the Minister for Transport.

EXPLANATORY NOTE.

(This note is not part of the instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for Transport and to the Department of Transport, respectively, with effect as from 1st January, 1982, Ministerial functions and Departmental administration in relation to road transport drivers' hours and records.