105.—(1) The Executive Council may by order transfer from the Minister or the Commissioners of Public Works in Ireland (in this section referred to as the Commissioners) respectively to the Board all or any of the functions, powers, and duties conferred or imposed by or under any statute on the Minister or the Commissioners (as the case may be) in relation to the care or conservancy of the navigation or the drainage of the River Shannon or any tributary thereof or of works constructed for the improvement of such navigation or drainage, and any such order may transfer all or any of such functions powers, and duties in relation either to the whole or to any particular parts or part of the said River or any tributary thereof.

(2) Where by reason of the existence of the Shannon works it is impracticable for the Commissioners to exercise the functions and powers or perform the duties conferred or imposed on them by any such statute as aforesaid in accordance with the provisions of such statute the Commissioners shall exercise such functions and powers and perform such duties as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute, and upon an order being made by the Executive Council under this section transferring all or any of such functions, powers and duties to the Board, the Board shall exercise the functions and powers and perform the duties to which such order relates as nearly as may be practicable, having regard to the existence of the said works, in accordance with the provisions of such statute.

(3) Whenever any functions, powers, or duties are transferred to the Board by an order under this section the Executive Council may by the same or any subsequent order authorise and require the Board to exercise and perform all or any of such functions, powers, and duties in relation to all or any of the canals, locks, wharves, piers, landing places, quays, or other works constructed by the Minister under the Shannon Electricity Act, 1925 (No. 26 of 1925), and upon such order being made the works to which such order relates shall be deemed to be included in the works in relation to which such functions, powers, and duties are exercisable by virtue of the statute by which the same were created and such statute (with such modifications, if any, as are specified in such order) shall be construed and have effect accordingly.

(4) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer to and vest in the Board all or any of the locks, lock-houses, eel-weirs, or other property which immediately before the date of such order were vested in the Commissioners and were used by them either for the purpose of or in connection with the exercise or performance of the functions, powers, or duties so transferred or for the purpose of providing revenue for the exercise or performance of such functions, powers, or duties.

(5) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order transfer from the service of the Commissioners to the service of the Board any person employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, or duties, and every person so transferred shall thereupon become and be a servant of the Board upon the same terms as to remuneration and superannuation, pension or gratuity (if any) as those on which he was employed by the Commissioners immediately before such transfer and shall for the purpose of such superannuation, pension or gratuity (if any) be entitled to reckon his period of service with the Commissioners as service with the Board.

(6) Whenever any functions, powers, or duties are transferred from the Commissioners to the Board by an order under this section the Executive Council may by the same or any subsequent order impose on the Board the obligation to pay as from the date of such order any pension which at the date of such order is payable by the Commissioners to a person formerly employed by the Commissioners in relation to or for the purpose of the exercise or performance of such functions, powers, and duties, and thereupon the Board shall become and be liable to indemnify the Commissioners against all and every liability in respect of such pension as from the date of such order.

(7) An order made by the Executive Council under this section transferring any functions, powers or duties from the Commissioners to the Board may be expressed and if so expressed shall operate to require the Board to keep a separate account in relation to the exercise by it of the functions and powers and the performance by it of the duties to which such order relates and may be expressed and if so expressed shall operate to require that the functions, powers and duties to which such order relates be exercised and performed by officers and servants of the Board employed by it solely in relation to such functions, powers and duties.

(8) No order made under this section shall come into operation until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House.