S.I. No. 61/1996:

HERITAGE (TRANSFER OF FUNCTIONS OF COMMISSIONERS OF PUBLIC WORKS) ORDER, 1996.

HERITAGE (TRANSFER OF FUNCTIONS OF COMMISSIONERS OF PUBLIC WORKS) ORDER, 1996.

The Government, in exercise of the powers conferred on them by section 9 (2) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), hereby order as follows:

1. (1) This Order may be cited as the Heritage (Transfer of Functions of Commissioners of Public Works) Order, 1996.

(2) This Order shall come into operation on the 12th day of March, 1996.

2. In this Order--

"the Commissioners" means the Commissioners of Public Works;

"functions" includes powers, duties and jurisdictions:

"the Minister" means the Minister for Arts, Culture and the Gaeltacht.

3. (1) The functions vested in the Commissioners by or under any enactment or other provision mentioned in the Schedule to this Order are hereby transferred to the Minister.

(2) References to the Commissioners contained in any British Act 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.

4. The public services concerned with the functions transferred by this Order shall on and after such commencement be comprised and included in the public services of the Department of Arts, Culture and the Gaeltacht.

5. The lands, hereditaments and premises situate in the State, and all other property and assets (including choses-in-action) which on the date of the making of this Order are vested whether by statute, deed, contract, or otherwise in or held in trust for the Commissioners and which are connected with the exercise or performance of any of the functions of the Commissioners transferred by this Order, are hereby vested in the Minister and shall, without the necessity for any other conveyance or assignment whatsoever, but subject where necessary to transfer in the books of any bank, company or corporation, become and be vested in the Minister for all the estate, term and interest for which they were immediately before the date aforesaid vested in or held by the Commissioners, but subject to such (if any) trusts and equities as affect the said lands, hereditaments, tenements, and premises, property and assets respectively on the date aforesaid and are legally subsisting and capable of being performed.

SCHEDULE

Shannon Act within the meaning of the Shannon Navigation Act, 1990 (No. 20 of 1990), that is to say, the Act of the British Parliament (2 & 3 Vict., c. 61);

Irish Church Act, 1869 (32 & 33 Vict., c. 42;

Saint Stephen's Green (Dublin) Act, 1877;

Section 14 of the Irish Land Act, 1903;

Phoenix Park Act, 1925 (No. 31 of 1925);

National Monuments Act, 1930 (No. 2 of 1930);

Bourn Vincent Memorial Park Act, 1932 (No. 31 of 1932);

National Monuments (Amendment) Act, 1954 (No. 37 of 1954);

Holycross Abbey (County Tipperary) Act, 1969 (No. 7 of 1969);

Canals Act, 1986 (No. 3 of 1986);

National Monuments (Amendment) Act, 1987 (No. 17 of 1987);

An Blascaod Mor National Historic Park Act, 1989 (No. of 1989 );

Shannon Navigation Act, 1990 (No. 20 of 1990);

Section 51 of the Roads Act, 1993 (No. 14 of 1993);

National Monuments (Amendment) Act, 1994 (No. 17 of 1994);

Regulation 32 (1) (c), subparagraphs (c) and (h) of Regulation 122 (3) and Regulations 132 (3) (c) and 163 of the Planning Regulations, 1994 ( S.I. No. 86 of 1994 ).

GIVEN under the Official Seal of the Government, this 12th

day of March, 1996.

JOHN BRUTON,

Taoiseach.

EXPLANATORY NOTE.

This Order transfers to the Minister for Arts, Culture and the Gaeltacht, with effect from the date specified, Commissioners' functions in relation to Heritage and waterways.