S.I. No. 6/1992 - Royal Botanic Gardens (Transfer of Departmental Administration and Ministerial Functions) Order, 1992.

1. (1) This Order may be cited as the Royal Botanic Gardens (Transfer of Departmental Administration and Ministerial Functions) Order, 1992.

(2) This Order shall come into operation on the 9th day of January, 1992.

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 Finance.

(2) References to the Department of Agriculture and Food 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 Finance.

4. (1) The functions vested in the Minister for Agriculture and Food by or under

section 2

(2) of the

Ministers and Secretaries (Amendment) Act, 1928

(No. 6 of 1928), in respect of the Royal Botanic Gardens are hereby transferred to the Minister for Finance.

(2) References to the Minister for Agriculture and Food 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 Finance.

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

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 or made by the Minister for Finance.

8. References to the Minister for Agriculture and Food 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 Finance.

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

(

a

) the said property, real and personal, shall, on such commencement of this Order, vest in the Minister for Finance,

(

b

) the said rights shall, as on and from such commencement of this Order, be enjoyed by the Minister for Finance,

(

c

) the said liabilities shall, as on and from such commencement of this Order, be the liabilities of the Minister for Finance.

(2) All moneys, stocks, shares and securities transferred to the Minister for Finance by this Article which, on the commencement of this Order, are standing in the name of the Minister for Agriculture and Food shall upon the request of the Minister for Finance be transferred to his name.

GIVEN under the Official Seal of the Government, this 9th day of January 1992.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Finance with effect from the date specified Ministerial functions relating to the Royal Botanic Gardens.

S.I. No. 6 of 1992.

ROYAL BOTANIC GARDENS (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1992.

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