19 1935

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Number 19 of 1935.


LOCAL GOVERNMENT (TEMPORARY PROVISIONS) (AMENDMENT) ACT, 1935.


ARRANGEMENT OF SECTIONS

Section

1.

Construction and operation of section 15 of the Local Government (Temporary Provisions) Act, 1923.

2.

Short title.


Act Referred to

Local Government (Temporary Provisions) Act, 1923

No. 9 of 1923

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Number 19 of 1935.


LOCAL GOVERNMENT (TEMPORARY PROVISIONS) (AMENDMENT) ACT, 1935.


AN ACT TO DEFINE AND EXTEND THE CONSTRUCTION AND OPERATION OF SECTION 15 OF THE LOCAL GOVERNMENT (TEMPORARY PROVISIONS) ACT, 1923 , AND TO MAKE SUCH DEFINITION AND EXTENSION EFFECTIVE AS FROM THE ENACTMENT OF THE SAID SECTION. [7th June, 1935.]

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

Construction and operation of section 15 of the Local Government (Temporary Provisions) Act, 1923 .

1. —The following provisions shall have effect in relation to the construction and operation of section 15 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), that is to say:—

(a) the power conferred on the Minister by sub-section (2) of the said section 15 of applying that section to offices and employments shall extend to and authorise, and be deemed always to have extended to and authorised, the application of the said section to any office or employment under a local authority, whether the duties of such office or employment do or do not relate to the administration of the relief of the poor;

(b) the fact that a power was specifically conferred on a local authority or other person by or under a British statute or an Act of the Oireachtas passed before the said Local Government (Temporary Provisions) Act, 1923 , in relation to an office or employment to which the said section 15 of that Act applies or applied shall not operate or be deemed ever to have operated to exclude such power or a like power from the operation of the said section 15 or to prevent the said section 15 from being construed as conferring a like power on the Minister in relation to the same or any other office or employment;

(c) where a power specifically conferred as aforesaid exists in relation to any office or employment in relation to which the Minister has a similar power by virtue of the said section 15 , the said power so vested in the Minister shall be and be deemed always to have been paramount to the said power so specifically conferred, and accordingly anything done under the said power so specifically conferred which is inconsistent with anything done by the Minister under the said similar power so vested in him shall be and (in the case of a thing so done before the passing of this Act) be deemed always to have been void and of no effect.

Short title.

2. —This Act may be cited as the Local Government (Temporary Provisions) (Amendment) Act, 1935.