No. 2/1922:

ADAPTATION OF ENACTMENTS ACT, 1922

ARRANGEMENT OF SECTIONS

1 Central Fund of Saorstát Eireann substituted for Consolidated Fund.

2 Interpretation of "Exchequer" and "Comptroller and Auditor-General."

3 The name "Ireland" to mean Saorstát Eireann.

4 Interpretation of "Dublin Gazette".

5 Oireachtas substituted for Parliament.

6 Powers of Justices of the Peace and Resident Magistrates to be exercised by District Justices

7 Power to establish Commissioners to function in Saorstát Eireann.

8 Power to establish separate Funds for Saorstát Eireann.

9 Minister for Finance may apportion Grants, etc.

10 Orders in Council.

11 General Adaptations of References to Government Departments.

12 Power for Executive Council to make further Adaptations.

13 Adaptation of Customs Acts to a land frontier.

14 Adaptations by British Statutes.

15 Adaptation of pending Government Contracts.

16 Application to Statutory Rules, Orders and Regulations

17 Application to Local and Personal Acts.

18 Public Funds of the late United Kingdom, Great Britain, and Saorstát Eireann to be Trustee Investments.

19 Orders to be laid before the Oireachtas.

20 Definition.

21 Short title.

AN ACT TO INTERPRET AND TO ADAPT TO THE CIRCUMSTANCES OF SAORSTÁT EIREANN CERTAIN ACTS OF THE BRITISH PARLIAMENT HAVING THE FORCE OF LAW IN SAORSTÁT EIREANN AND CERTAIN STATUTORY RULES ORDERS AND REGULATIONS AND CERTAIN CONTRACTS.

[20th December, 1922.]

WHEREAS it is provided by Article 73 of the Constitution of Saorstát Eireann that subject to that Constitution and to the extent to which they are not inconsistent therewith the laws in force in Saorstát Eireann at the date of the coming into operation of that Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended by enactment of the Oireachtas:

AND WHEREAS all Acts passed by the British Parliament which were in force on the 6th day of December, 1922 (being the date of the coming into operation of the Constitution aforesaid) in the area now comprised in Saorstát Eireann will by virtue of the said Article 73 have the force of law in Saorstát Eireann:

AND WHEREAS it is necessary in order to enable such Acts to have full force and effect in Saorstát Eireann that certain interpretations and adaptations of such Acts and of all orders rules and regulations made thereunder should be made:

AND WHEREAS it is desirable to make provision for the continuance of pending Government contracts:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—(1) The Fund mentioned in Article 61 of the Constitution of Saorstát Eireann as the one fund to be formed subject as therein of all the revenues of Saorstát Eireann shall be called and known as "The Central Fund of Saorstát Eireann," and may for brevity be referred to in any Act of the Oireachtas, Statutory Rule or Order or other state or official document as "The Central Fund."

(2) Every mention of and reference to the Consolidated Fund contained in any British Statute shall, where the context so requires or admits, be construed and take effect as respects the doing or not doing after the 6th day of December, 1922, of any act, matter or thing in Saorstát Eireann under or in pursuance of such Statute as a mention of or reference to The Central Fund.

2.—Every mention of or reference to the Exchequer or the Comptroller and Auditor-General contained in any British Statute shall in respect of the doing or not doing of any act, matter or thing after the 6th day of December, 1922, in Saorstát Eireann, under or in pursuance of such Statute be respectively construed and take effect where the context so admits or requires as a mention of or reference to the Exchequer of Saorstát Eireann or to the Comptroller and Auditor-General of Saorstát Eireann as the case may require.

3.—For the purpose of the construction of any British Statute the name "Ireland," whether used alone or in conjunction with the expression "Great Britain," or by implication as being to included in the expression "United Kingdom" shall mean Saorstát Eireann.

4.—Every mention of or reference to the Dublin Gazette contained in any British Statute shall, as respects the doing or not doing of any act, matter or thing in Saorstát Eireann after the 6th day of December, 1922, be construed and take effect as a mention of or reference to the official gazette called Iris Oifigiúil.

5.—(1) Every mention of or reference to Parliament or to both or each or either of the Houses of Parliament contained in any British Statute shall as respects the doing or not doing of any act, matter or thing after the 6th day of December, 1922, in Saorstát Eireann be construed as a mention of or reference to both or each or either of the Houses or the corresponding House (as the case may require) of the Oireachtas and the expression "Parliamentary" in every such Statute shall be construed accordingly.

(2) Every mention of or reference to the presentation of an address to His (or Her) Majesty by both or each or either of the Houses of Parliament contained in any British Statute shall as from the 6th day of December, 1922, be construed and take effect as a mention of or reference to the passing of a resolution by both or each or either of the Houses or by the corresponding House (as the case may require) of the Oireachtas.

(3) For the purposes of this section Seanad Eireann shall be deemed to be the House of the Oireachtas corresponding to the Peers' House of the British Parliament and Dáil Eireann shall be deemed to be the House of the Oireachtas corresponding to the Commons' House of the British Parliament.

(4) Notwithstanding anything to the contrary contained in this Section the expression "Act of Parliament" contained in any British Statute shall mean and include either Act of the British Parliament or Act of the Oireachtas, as the case may require.

6.—(1) Every power, authority and duty conferred or imposed by any British Statute on a Justice or on two or more Justices acting together shall as from the passing of this Act cease to be exercisable or to be performed by such Justice or Justices and in lieu thereof as respects any act, matter or thing to be done or not done after the passing of this Act every such power or authority may be exercised and every such duty shall be performed by one District Justice.

(2) Every power, authority and duty conferred or imposed by any British Statute on a Resident Magistrate or on two or more Resident Magistrates acting together shall as from the passing of this Act cease to be exercisable or to be performed by such Magistrate or Magistrates and in lieu thereof as respects any act, matter or thing to be done or not done after the passing of this Act, every such power or authority may be exercised and every such duty shall be performed by one District Justice.

(3) In this section ( a ) the expression "Justice" includes the expression "Justice of the Peace," and does not mean or include a Divisional Magistrate of the City of Dublin, and nothing in this Section shall affect the powers, authority and duties of such Divisional Magistrates; ( b ) the expression "District Justice" means a Magistrate appointed since the 6th day of December, 1922, under the British Statute 6 & 7 William IV., Chapter 13.

7.—(1) Wherever any statutory Board of Commissioners or other statutory body to which this section applies was in existence on the 6th day of December, 1921, and had jurisdictions, powers or duties extending to the whole of the late United Kingdom, or to any part thereof, which included the area now comprised in Saorstát Eireann, the Executive Council may, by Order, establish a Board of Commissioners to exercise in Saorstát Eireann the functions which were on the 6th day of December, 1921, exercisable by such statutory Commissioners or statutory body as aforesaid in the area now comprised in Saorstát Eireann.

(2) In exercising the powers conferred by this section, the Executive Council may confer or impose on any one Board of Commissioners established under this section all or any of the several jurisdictions, powers and duties of two or more such statutory Boards of Commissioners or statutory bodies as aforesaid, and may divide the jurisdictions, powers and duties of any such statutory Commissioners or statutory body amongst two or more Boards of Commissioners established under this section: Provided that no Order of the Executive Council made in pursuance of this sub-section shall come into operation unless and until it has been laid before each House of the Oireachtas, and approved by resolution of each such House.

(3) Whenever the Executive Council establishes under this section any Board of Commissioners, the Executive Council shall, by the Order establishing such Board, apply to such Board with such adaptations and modifications as may be necessary the several British Statutes regulating the Boards of Commissioners or other body or bodies whose or any of whose jurisdictions, powers or duties are by such Order conferred or imposed on such Board.

(4) This section applies to any statutory Board of Commissioners or other statutory Board or body exercising any function of government or discharging any public duties in relation to public administration.

8.—(1) Whenever any statutory fund was in existence on the 6th day of December, 1921, and served purposes relating to the whole of the late United Kingdom, or to any part thereof which included the area now comprised in Saorstát Eireann, the Executive Council may by Order establish a fund to serve in Saorstát Eireann the like purposes as were on the 6th day of December, 1921, served in the area aforesaid by such statutory fund.

(2) Whenever the Executive Council establishes a fund under this section to serve the purposes of any statutory fund, the Executive Council shall, by the Order establishing such fund, apply to such fund with the necessary adaptations and modifications the several Acts of the British Parliament regulating such statutory fund.

9.—Wherever under any British Statute any grant, whether annual or capital or any loan or advance is directed or authorized to be made by the Treasury out of the Consolidated Fund or by the Treasury or any other Government Department out of any other fund or any sum of money is authorised to be borrowed by the Treasury or any other Government Department and the amount or the maximum or minimum limit of such grant, loan, advance or sum of money is by such Statute or otherwise fixed either for the whole of the late United Kingdom or for any part thereof which included the area now comprised in Saorstát Eireann, the Minister for Finance (in addition to the adaptations of such Statute made by or under this Act) may by Order apportion such amount or limit between Saorstát Eireann and the rest of the area in respect of which such amount or limit is fixed as aforesaid, and may by such Order fix the amount or the maximum or minimum limit (as the case may be) of such grant, loan, advance or sum of money to be made or borrowed under such Statute in Saorstát Eireann.

10.—Wherever it is provided in any British Statute that any act or thing shall or may be made or done by Order in Council or by the King (or Queen) in Council, or by Proclamation of the King (or Queen) or of the King (or Queen) in Council, then every such act or thing may be made or done in Saorstát Eireann by an Order of the Governor-General of the Irish Free State upon the advice of the Executive Council of the Irish Free State.

11.—(1) Subject and without prejudice to the specific adaptations made by this Act or by any Order made under the authority of this Act, every mention or reference contained in any British Statute of or to any Minister, Official, Department or Authority of the Government of the late United Kingdom or of the late British Government in Ireland including the Lord Lieutenant exercising executive functions shall in respect of the doing or not doing of any act, matter or thing after the 6th day of December, 1922, be construed and take effect as a mention of or reference to the Minister, Official, Department or Authority in Saorstát Eireann exercising in Saorstát Eireann functions the same as or corresponding to the functions exercised in respect of the area now comprised in Saorstát Eireann by such Minister, Official, Department or Authority of the Government of the late United Kingdom or the late British Government in Ireland prior to the 6th day of December, 1921; but this section shall not apply to any provision contained in any such Statute relating to the remuneration of any Minister or other official.

(2) If any question shall arise as to which Minister, Official, Department or Authority exercises in Saorstát Eireann functions the same as or corresponding to the functions exercised by any Minister, Official, Department or Authority of the Government of the late United Kingdom or of the late British Government in Ireland, such question shall be determined by the President of the Executive Council, whose decision shall be final.

12.—(1) The Executive Council of Saorstát Eireann may from time to time by Order make all such general or specific adaptations of or modifications in any British Statute which in the opinion of the Executive Council are necessary in order to enable such Statute to have full force and effect in Saorstát Eireann.

(2) Any such adaptation or modification as is mentioned in this section may be made notwithstanding that same is covered or effected by any general adaptation or modification made by this Act but no adaptation or modification shall be made under this section which is inconsistent with any adaptation or modification made by this Act.

13.—(1) The Minister for Finance may make regulations to apply to the importation and exportation of any goods into and from the Irish Free State by land, any of the provisions of the Customs Act subject to such modifications as may be necessary and in particular, the regulations may:—

( a ) Prohibit the importation and exportation of all goods or any classes of goods except by such routes within the Irish Free State and during such hours as may be prescribed;

( b ) Prescribe the places where and the form and manner in which entry of goods imported or exported shall be made and duty on goods imported shall be paid.

(2) If any person contravenes or fails to comply with any such regulations, he shall be guilty of an offence under the Customs Acts and shall for every such offence, in addition to any other penalty to which he may be liable, incur a fine not exceeding £100, and the goods in respect of which the offence is committed shall be forfeited.

14.—Wherever any British Statute adapted or modified or authorised to be adapted or modified by this Act has been by adapted or modified by or under the authority of any subsequent British Statute, this Act shall be construed as referring to such Statute as so adapted or modified.

15.—(1) Every deed and every contract and agreement in writing made before the 6th day of December, 1922, with or by any person by or with any Minister, Department or Authority of the late British Government in Ireland or the late Provisional Government of Ireland, or by or with any Official of either of those Governments acting on behalf of such Government, shall if and so far as the terms and provisions of such deed, contract or agreement were not fully executed and completed on the 6th day of December, 1922, be construed and read as if the name of the Minister, Department, Authority or Official exercising in Saorstát Eireann functions the same as or corresponding to the functions exercised at the date of such deed, contract or agreement in respect of the area now comprised in Saorstát Eireann by the Minister, Department, Authority or Official named in such deed, contract or agreement was substituted in such deed, contract or agreement for the name of the Minister, Department, Authority or Official actually named therein.

(2) The benefits conferred and the obligations imposed by any such deed, contract or agreement as is mentioned in the preceding sub-section of this section on the Minister, Department, Authority or Official named therein shall, so far as the same on the 6th day of December, 1922, remained to be performed, be as from that day respectively vested in or imposed on the Minister, Department, Authority or Official whose name is by the preceding sub-section of this section substituted in such deed, contract or agreement for the name of the Minister, Department, Authority or Official actually named therein as fully as if such substituted Minister, Department, Authority or Official were actually named in such deed, contract or agreement.

(3) If any question shall arise as to which Minister, Department, Authority or Official exercises in Saorstát Eireann functions the same as or corresponding to the functions exercised at the date of such deed, contract or agreement as is mentioned in this section, by any Minister, Department, Authority or Official of the late British Government in Ireland, or of the late Provisional Government of Ireland, as the case may be, such question shall be determined by the President of the Executive Council whose decision shall be final and binding on all parties.

16.—(1) Every interpretation, adaptation or modification made by this Act in the construction or application of any British Statute shall apply to every Order, Rule and Regulation made under such Statute and having the force of law in Saorstát Eireann, and every such Order, Rule and Regulation shall be construed and interpreted in conformity with the British Statute (as applied, adapted or modified by or under this Act) under which the same is made.

(2) Whenever any power is given by this Act of applying, interpreting, adapting or modifying any British Statute, such power shall extend and apply to every Order, Rule or Regulation made under such Statute and having the force of law in Saorstát Eireann.

17.—This Act shall apply to Local and Personal Acts as well as to Public and General Acts passed by the British Parliament, and accordingly in this Act the expression "British Statute" shall include Local and Personal Acts having effect in Saorstát Eireann.

18.—(1) A trustee unless expressly forbidden by the instrument (if any) creating the trust may in addition to any other mode of investment for the time being authorised, invest any trust funds in his hands whether at the time in a state of investment or not in:—

( a ) any of the existing Parliamentary Stocks or public funds or Government Securities of the late United Kingdom;

( b ) any of the Parliamentary Stocks or public funds or Government Securities of Great Britain;

( c ) any of the Parliamentary Stocks or public funds or Government Securities of Saorstát Eireann.

(2) In the foregoing sub-section the word "Parliamentary" is to be construed as referring in clause ( a ) to the Parliament of the late United Kingdom; in clause ( b ) to the Parliament of Great Britain, and in clause ( c ) to the Oireachtas.

19.—Every Order made by the Executive Council under this Act shall be laid before each House of the Oireachtas forthwith and unless and until a resolution annulling such Order is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such Order is laid before it, such Order shall have effect as if enacted in this Act, but no such resolution shall operate to prejudice the validity of anything previously done under such Order.

20.—The expression "British Statute" shall, where the context so requires or admits, mean Act of the Parliament of the late United Kingdom of Great Britain and Ireland which was on the 6th day of December, 1922, in force in the area now comprised in Saorstát Eireann.

21.—This Act may be cited as the Adaptation of Enactments Act, 1922 .