S.I. No. 14/1993:

FOREIGN TRADE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1993.

FOREIGN TRADE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) 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 Foreign Trade (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 Energy.

(2) References to the Department of Industry and Commerce contained in any Act or any 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 Energy.

4. (1) There are hereby transferred to the Minister for Energy the functions vested in the Minister for Industry and Commerce by or under the Acts mentioned in the Schedule to this Order insofar as they relate to foreign trade.

(2) References to the Minister for Industry and Commerce 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 Energy.

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

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 has been granted or made by the Minister for Energy.

8. References to the Minister for Industry and Commerce 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 Energy.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Industry and Commerce in connection with the functions transferred by this Order shall be and are hereby transferred to the Minister for Energy 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 Energy,

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

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

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

SCHEDULE

Acts functions under which transferred from the Minister for Industry and Commerce to the Minister for Energy.

Trade and Marketing Promotions Acts, 1959 to 1991

Control of Exports Act, 1983 (No. 35 of 1983)

Control of Imports Acts, 1934 to 1964

Restriction of Imports Act, 1962 (No. 20 of 1962)

Insurance Act, 1953 (No. 7 of 1953)

Insurance Act, 1961 (No. 28 of 1961)

Insurance Act, 1969 (No. 5 of 1969)

Insurance Act, 1971 (No. 10 of 1971)

Insurance (Amendment) Act, 1978 (No. 30 of 1978)

Insurance Act, 1981 (No. 34 of 1981)

Insurance (Amendment) Act, 1983 (No. 5 of 1983)

Insurance (Export Guarantees) Act, 1988 (No. 22 of 1988)

GIVEN under the Official Seal of the Government, this 20th day of January, 1993.

ALBERT REYNOLDS,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Energy with effect from the date specified Ministerial functions and Departmental administration in relation to Foreign Trade.