5References in enactments and other instruments to Ministers, departments, &c., inconsistent with administrative arrangements

5 References in enactments and other instruments to Ministers, departments, &c., inconsistent with administrative arrangements

[Section 5 Subsection (1) substituted by No. 39 of 1995, s. 6 ]

(1)  Where a reference in an enactment or instrument to a particular Minister, department, office or body of persons is inconsistent with administrative arrangements effected by an administrative instrument, the reference is to be construed to give effect to those administrative arrangements.

(2)  The Governor may, by order, amend an enactment so far as is necessary to remove an inconsistency referred to in subsection (1) .

(3)  The Minister responsible for the matters to which an instrument other than an enactment, being an instrument to which the State or a State authority is privy, relates, may direct in writing, that any reference to a Minister, department, office or body of persons in that instrument be read as if it were altered in such manner necessary to remove an inconsistency referred to in subsection (1) as is specified in the direction, and that reference shall be read accordingly.