S.I. No. 332/1996:

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

HERITAGE (TRANSFER OF FUNCTIONS OF COMMISSIONERS OF PUBLIC WORKS IN IRELAND) 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 in Ireland) Order, 1996.

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

2. In this Order-

"the Commissioners" means the Commissioners of Public Works in Ireland;

"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 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 vested in the Commissioners by or under any enactment mentioned in the Schedule to this Order shall be construed as references to the Minister.

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

5. The lands, hereditaments, tenements and premises situate in the State and all other property and assets (including choses-in-action) which, at the time 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 vested in the Commissioners by or under any enactment mentioned in the Schedule to this Order and 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 respective estates, terms and interests for which they were immediately before the time 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 and other property and assets (including choses-in-action) respectively at the time aforesaid and are legally subsisting and capable of being performed.

6. The Heritage (Transfer of Functions of Commissioners of Public Works) Order, 11996 (No. 61 of 1996), is hereby revoked.

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);

Section 19 of the Finance Act, 1982 (No. 14 of 1982), as amended by section 18 of the Finance Act, 1994 (No. 13 of 1994);

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

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

Section 4 of the Finance Act, 1989 (No. 10 of 1989);

An Blascaod Mór National Historic Park Act, 1989 (No. 11 of 1989);

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

Section 29 of the Finance Act, 1993 (No. 13 of 1993);

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

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

Given under the Official Seal of the Government, this

12th day of November, 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.