DÚN LAOGHAIRE HARBOUR ACT, 1990

AN ACT TO PROVIDE FOR THE TRANSFER OF CONTROL OF DÚN LAOGHAIRE HARBOUR FROM THE COMMISSIONERS OF PUBLIC WORKS IN IRELAND TO THE MINISTER FOR THE MARINE AND FOR CONNECTED MATTERS. [11th April, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.—In this Act—

“the Act of 1924” means the State Harbours Act, 1924;

“the appointed day” means the day of the passing of this Act;

“the Commissioners” means the Commissioners of Public Works in Ireland;

“Dún Laoghaire Harbour” means the harbour constituted by a British statute passed on the 20th day of August, 1836, and entitled “An Act to amend several Acts relating to the Harbour of Kingstown” to which the name Dún Laoghaire Harbour was given by section 10 of the Act of 1924;

“functions” includes powers and duties and a reference to a performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;

“the Minister” means the Minister for the Marine.

2 Transfer of Dún Laoghaire Harbour to Minister.

2.—(1) All property, rights and liabilities appertaining to Dún Laoghaire Harbour held, enjoyed or incurred immediately before the appointed day by the Commissioners by virtue of the Act of 1924 shall on the appointed day stand transferred to the Minister and, accordingly, without any further conveyance, transfer or assignment—

• (a) the said property, real and personal, shall, on the appointed day, vest in the Minister,

• (b) the said rights shall, on and from the appointed day, be enjoyed by the Minister,

• (c) the said liabilities shall, on and from the appointed day, be the liabilities of the Minister.

• (2) All moneys, stocks, shares and securities transferred to the Minister by this section which, immediately before the appointed day, are standing in the name of the Commissioners shall, upon the request of the Minister, be transferred into his name.

• (3) Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Minister of any property or rights transferred by this section.

3 Transfer of functions to Minister.

3.—(1) On the appointed day the functions vested immediately before the appointed day in the Commissioners and exercisable in respect of Dún Laoghaire Harbour (whether exercisable under the Act of 1924 or otherwise) shall, by virtue of this section, be transferred to the Minister.

• (2) On and after the appointed day references to the Commissioners contained in the Act of 1924, or in any other enactment or any statutory instrument relating to any function transferred by this section shall, in so far as they relate to such a function, be construed as references to the Minister.

4 Transfer of administration and business of Commissioners.

4.—The administration and business in connection with the performance of any functions transferred by section 3 of this Act shall, on the appointed day, be transferred to the Department of the Marine.

5 Pending legal proceedings.

5.—Where, immediately before the appointed day, any legal proceedings are pending in relation to Dún Laoghaire Harbour to which the Commissioners are a party the name of the Minister shall be substituted in the proceedings for that of the Commissioners, and the proceedings shall not abate by reason of such substitution.

6 Completion of certain matters commenced by Commissioners.

6.—Anything commenced before the appointed day by or under the authority of the Commissioners may, so far as it relates to functions transferred by section 3 of this Act to the Minister, be carried on or completed on and after the appointed day by the Minister.

7 Preservation of certain continuing contracts.

7.—Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Commissioners to any person in the performance of a function transferred by section 3 of this Act, or by any person to the Commissioners and accepted by or on behalf of the Commissioners in the performance of such a function, and in force immediately before the appointed day, and every contract or agreement in writing made between the Commissioners in the performance of such a function and another person and in force but not fully executed and completed immediately before the appointed day, shall continue in force on and after the appointed day and shall be construed and have effect as if the name of the Minister were substituted therein for that of the Commissioners and such security, contract or agreement shall be enforceable by or against the Minister.

8 Tolls, rates, dues and other charges.

8.—(1) All powers in respect of tolls, rates, dues and other charges in relation to Dún Laoghaire Harbour given by section 7 of the Act of 1924 or by any other enactment shall, on and after the appointed day, be exercisable by the Minister and not otherwise.

• (2) A certificate purporting to be under the seal of the Minister stating that a sum specified in the certificate is due and owing by the person named in the certificate to the Minister in respect of any tolls, rates, dues or other charges chargeable by the Minister in relation to Dún Laoghaire Harbour shall, unless the contrary is proved, be evidence that the sum stated in the certificate is so due.

9 Short title.

9.—This Act may be cited as the Dún Laoghaire Harbour Act, 1990.