The Departments (No. 2) (Northern Ireland) Order 1982

Statutory Instruments

1982 No. 846 (N.I. 11)

The Departments (No. 2) (Northern Ireland) Order 1982

23rd June 1982

Title and commencement N.I.

1.  This Order may be cited as the Departments (No. 2) (Northern Ireland) Order 1982 and shall come into operation on such day or days as the Head of the Department of Manpower Services may by order appointF1 .

F1 Power of appointment fully exercised by SR 1982/221

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“appointed day” in relation to any provision of this Order, means the day appointed under Article 1 for the coming into operation of that provision;

“Department” includes the Head of a Department;

“statutory provision” has the meaning assigned to it by section 1 (f) of the Interpretation Act (Northern Ireland) 1954.

F2 1954 c. 33 (N.I.)

Art. 3 rep. by 1999 NI 1

Dissolution of Department of Commerce N.I.

4.—(1) The functions which, immediately before the appointed day, are exercisable by the Department of Commerce are hereby transferred to the Department of Economic Development.

Para. (2) rep. by 1999 NI 1

References in enactments, etc N.I.

5.—(1) In the construction and for the purposes of any statutory provision, judgment, decree, order, award, deed, contract, regulation, byelaw, certificate or other document passed or made before the appointed day, any reference to, or which is to be construed as a reference to, the Department of Commerce shall be construed as a reference to the Department of Economic Development.

(2) The transfer of functions by this Order shall not affect any order, regulation, rule, appointment, direction, instruction, approval, requirement or authorisation made or given or other thing done by the Department of Commerce before the appointed day, but any such matter shall, if in force immediately before that day, continue in force to the like extent and subject to the like provisions as if it had been duly made, given or done by the Department of Economic Development.

(3) Anything commenced before the appointed day by or under the authority of the Department of Commerce may be carried on or completed by or under the authority of the Department of Economic Development.

(4) Where, at the appointed day, any legal proceeding is pending to which the Department of Commerce is a party, the Department of Economic Development shall be substituted in the proceeding for the Department of Commerce, and the proceeding shall not abate by reason of the substitution.

Transfer of assets and liabilities N.I.

6.—(1) All property, rights and liabilities held, enjoyed or incurred immediately before the appointed day by the Department of Commerce are hereby transferred to the Department of Economic Development and accordingly, by virtue of this Order and without any further conveyance, transfer or assignment—

(a) that property, real or personal, shall vest in the Department of Economic Development;

(b) those rights shall be enjoyed by the Department of Economic Development;

(c) those liabilities shall become liabilities of the Department of Economic Development.

(2) A certificate by the Department of Economic Development, that any property specified in the certificate, or any such interest in or right over any such property as may be specified, or any right or liability so specified, is by virtue of paragraph (1) for the time being vested in it, shall be conclusive evidence for all purposes of that fact.

Article 7—Amendments and repeals

N.I.

Schedule 1—Amendments

N.I.

Schedule 2—Repeals