Search Legislation

Minister of Works and Planning Act 1942

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

6Provisions as to Orders in Council.

(1)The functions, property, rights and liabilities to be transferred to the Minister under this Act shall be so transferred by such Orders in Council as may from time to time be made by His Majesty for transferring to the Minister, as from such dates as may be specified in the Order,—

(a)any of the powers conferred or duties imposed by or under any enactment on the Commissioners of Works ;

(b)any property rights and liabilities held enjoyed or incurred by the said Commissioners ;

(c)any of the powers conferred or duties imposed by or under any enactment on the Commissioners of Public Works in Ireland;

(d)any property rights and liabilities held enjoyed or incurred by the said Commissioners of Public Works in Ireland;

(e)any of the powers conferred or duties imposed by or under the Town and Country Planning Act, 1932, on the Minister of Health, except the functions exercisable by the Minister of Health under section thirty-two of that Act:

Provided that any such powers duties property rights or liabilities conferred, imposed, held, enjoyed or incurred under the Emergency Powers (Defence) Acts, 1939 and 1940, shall be transferred to the Minister by Orders in Council made under those Acts.

(2)In relation to any powers duties property rights or liabilities transferable or transferred by Orders in Council under this Act, the Commissioners of Works the Commissioners of Public Works in Ireland and the Minister of Health are in this section respectively referred to as " the transferors ".

(3)His Majesty may, by Order in Council, make such incidental, consequential and supplemental provisions as appear to His Majesty to be necessary or expedient having regard to any transfer effected under this Act, and in particular, but without prejudice to the generality of the foregoing provisions, any such Order in Council may—

(a)repeal, modify or adapt any enactment, order, regulation, scheme, deed, agreement or other instrument relating to the transferors or their functions or property, to such extent as appears to be necessary or expedient as aforesaid ;

(b)provide for the transfer to the Minister of any powers conferred or duties imposed on the Minister of Health by or under any enactment other than the Town and Country Planning Act, 1932, to such extent as appears to be necessary or expedient as aforesaid ;

(c)provide for the transfer to the Minister of any function exercisable by any of the Commissioners of Works or by any of the Commissioners of Public Works in Ireland ;

(d)provide for the carrying on and completion by, to, before, or under the authority of the Minister or of any person appointed by him of anything begun by, to, before, or under the authority of the transferors or any person appointed by them before the date when the Order takes effect, and for the substitution of the Minister for the transferors in any contract or legal proceeding made or begun before that date ;

(e)provide for securing that any order .regulation, direction, approval, appointment, requirement or authorisation made or given by the transferors shall continue in force to the like extent and subject to the like conditions as if it had been duly made or given by the Minister.

(4)As soon as it appears to His Majesty that by reason of the transfer of powers duties property rights and liabilities from the Commissioners of Works it is no longer necessary that the said Commissioners shall continue to exist, His Majesty may by Order in Council provide for the dissolution of the Commissioners, and on the coming into force of any such Order in Council the office of Commissioner of His Majesty's Works and Public Buildings shall cease to exist.

(5)As soon as it appears to His Majesty that by reason of the transfer of powers duties property rights and liabilities from the Commissioners of Public Works in Ireland it is no longer necessary that the said Commissioners shall continue to exist, His Majesty may by Order in Council provide for the dissolution of the Commissioners, and on the coming into force of any such Order in Council the office of Commissioner of Public Works in Ireland shall cease to exist.

(6)A certificate issued by the Minister that any property has been transferred to him by virtue of an Order in Council made under this section shall be conclusive evidence of that fact.

(7)Any Order in Council made under this Act may be varied or revoked by a subsequent Order in Council made by His Majesty.

(8)Any Order in Council under this Act repealing, modifying or adapting any enactment shall be laid before Parliament as soon as may be after it is made :

Provided that no such Order in Council shall be deemed for the purposes of section one of the Rules Publication Act, 1893, to be a statutory rule to which that section applies.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources