S.I. No. 303/1997:

TRADE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1997

TRADE (TRANSFER OF DEPARTMENTAL ADMINISTRATION AND MINISTERIAL FUNCTIONS) ORDER, 1997

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. (1) This Order may be cited as the Trade (Transfer of Departmental Administration and Ministerial Functions) Order, 1997.

(2) This Order shall come into operation on the 11th day of July, 1997.

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 Enterprise and Employment.

(2) References to the Department of Tourism and Trade 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 Enterprise and Employment.

4. (1) There are hereby transferred to the Minister for Enterprise and Employment the functions vested in the Minister for Tourism and Trade by or under any of the Acts and regulations mentioned in the Schedule to this Order:

(2) References to the Minister for Tourism and Trade 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 Enterprise and Employment.

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

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 an after such commencement as if it had been granted or made by the Minister for Enterprise and Employment.

8. References to the Minister for Tourism and Trade 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 Enterprise and Employment.

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

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

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

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

SCHEDULE

Part I

Acts, functions under which are transferred from the Minister for Tourism and Trade to the Minister for Enterprise and Employment.

Part II

Regulations, relating to functions vested in the Minister for Tourism and Trade, which are transferred to the Minister for Enterprise and Employment.

European Communities (Prohibition of Trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)) Regulations, 1993 ( S.I. No. 144 of 1993 )

European Communities (Prohibition of the Supply of Certain Goods to UNITA) Regulations, 1993 ( S.I. No. 383 of 1993 )

European Communities (Prevention of Supply of Certain Goods and Services to Libya) Regulations, 1993 ( S.I. No. 384 of 1993 )

European Communities (Prohibition of Satisfaction of Certain Contractual Claims arising from Trade Sanctions against Libya) Regulations, 1993 ( S.I. No. 385 of 1993 )

European Communities (Further Discontinuation of Certain Trade with Serb Controlled areas of Bosnia-Herzegovina) Regulations, 1995 ( S.I. No. 163 of 1995 )

European Communities (Control of Exports of Dual Use Goods) Regulations, 1996 ( S.I. No. 362 of 1996 )

European Communities (Extraterritorial Application of Legislation adopted by a Third Country) Regulations, 1997 ( S.I. No. 217 of 1997 )

Given under the Official Seal of the Government, this 8th day of July, 1997.

BERTIE AHERN T.D.,

TAOISEACH

EXPLANATORY NOTE

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