S.I. No. 35/1993:

ARTS AND CULTURE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (NO. 2) ORDER, 1993.

ARTS AND CULTURE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) (NO. 2) ORDER, 1993.

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 Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order, 1993.

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 the Environment.

(2) Reference to the Department of Arts, Culture and the Gaeltacht 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.

4. (1) There are hereby transferred to the Minister for the Environment the functions vested in the Minister for Arts, Culture and the Gaeltacht by or under the Temple Bar Renewal and Development Act, 1991 (No. 19 of 1991), or any instrument made thereunder.

(2) References to the Minister for Arts, Culture and the Gaeltacht contained in any statute 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.

5. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Arts, Culture and the Gaeltacht is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Environment, the name of the Minister for the Environment 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 Arts, Culture and the Gaeltacht 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 Arts, Culture and the Gaeltacht may insofar as it relates to functions transferred by this Order to the Minister for the Environment be carried on or completed on or after such commencement by the Minister for the Environment.

7. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and insofar 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 the Environment.

8. References to the Minister for Arts, Culture and the Gaeltacht contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for the Environment.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Arts, Culture and the Gaeltacht in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for the Environment and, accordingly, without any further conveyance, transfer or assignment--

( a ) the said property, real and personal, shall, on such commencement, vest in the Minister for the Environment,

( b ) the said rights shall, as on and from such commencement, be enjoyed by the Minister for the Environment, and

( c ) the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for the Environment.

(2) All moneys, stocks, shares and securities transferred to the Minister for the Environment by this Article which, on such commencement, are standing in the name of the Minister for Arts, Culture and the Gaeltacht shall on the request of the Minister for the Environment be transferred into his name.

GIVEN under the Official Seal of the Government, this 28th day of January, 1993.

ALBERT REYNOLDS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for the Environment with effect from the date specified Ministerial functions and Departmental administration in relation to Temple Bar.