S.I. No. 13/1993:

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

BROADCASTING (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 Broadcasting (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 Gaeltacht.

(2) References to the Department of Tourism, Transport and Communications 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 Gaeltacht.

4. (1) There are hereby transferred to the Minister for the Gaeltacht the functions vested in the Minister for Tourism, Transport and Communications by or under the provisions mentioned in the Schedule to this Order of the Acts so mentioned and by the Regulations so mentioned.

(2) References to the Minister for Tourism, Transport and Communications 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 the Gaeltacht.

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

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 Gaeltacht.

8. References to the Minister for Tourism, Transport and Communications 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 Gaeltacht.

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

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

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

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

SCHEDULE

PART I

Acts functions under which are transferred from the Minister for Tourism, Transport and Communications to the Minister for the Gaeltacht.

1. Sections 5 (as amended) and 6 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), insofar as they relate to licences in respect of television sets, sections 7 and 8 of that Act insofar as they relate to television sets and section 13 of that Act insofar as it relates to offences under section 3 of that Act in respect of television sets.

2. Broadcasting Authority Acts, 1960 to 1979, other than--

( a ) paragraph (a) and paragraph (b) (insofar as it relates to the suspension of a licence issued under paragraph (a) ) of section 16 (3) and Part II of the Third Schedule to the Broadcasting Authority Act, 1960 (No. 10 of 1960), and

( b ) sections 18 to 20 of the Broadcasting Authority (Amendment) Act, 1976 (No. 37 of 1976).

3. Wireless Telegraphy Act, 1972 (No. 5 of 1972), as amended by the Broadcasting and Wireless Telegraphy Act, 1988 (No. 19 of 1988), other than sections 5, 7, 8, 9, 10 (2), 11, 12 and 13.

4. Section 76 (except insofar as subsections (1) and (4) relate to licences for apparatus other than television sets and the identification of persons who have such apparatus not authorised by a licence for the time being in force) and sections 78 and 79 (except insofar as they relate to licences other than television licences) of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983).

5. Section 10 of the Broadcasting and Wireless Telegraphy Act, 1988 (No. 19 of 1988).

6. Radio and Television Act, 1988 (No. 20 of 1988) other than

( a ) sections 4 (3), 4 (5), 4 (6), 5 (2), 5 (3), 5 (4), 7, 19 and

( b ) section 4 (11) (insofar as it relates to the suspension of licences issued under the said section 4 (3) ).

7. Broadcasting Act, 1990 (No. 24 of 1990), other than sections 6 (2) and 9 to 18.

PART 2

Regulations functions under which are transferred from the Minister for Tourism, Transport and Communications to the Minister for the Gaeltacht.

European Communities (Television Broadcasting) Regulations, 1991 ( S.I. No. 251 of 1991 ).

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 the Gaeltacht with effect from the date specified Ministerial functions and Departmental administration in relation to Broadcasting.