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1 1981

SOCIAL WELFARE (CONSOLIDATION) ACT, 1981

PART IX

Commencement, Repeals and Continuance

Commencement and repeals.

310. —Subject to this Part, this Act shall come into operation on such day as the Minister by order appoints, and the enactments mentioned in the Sixth Schedule (which enactments are in this Act referred to as repealed enactments) are hereby repealed to the extent mentioned in the third column of that Schedule as from that day: provided that the provisions of the repealed enactments shall continue to apply to benefit, assistance and the miscellaneous schemes under Parts IV , V and VI prior to the commencement of this Act to the same extent that they would have applied thereto if this Act had not been passed.

Continuity of repealed enactments.

311. —The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—

(a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision;

(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.

Continuance of instruments, officers and documents.

312. —(1) All officers appointed under the repealed enactments and holding office immediately before the commencement of this Act shall continue in office as if appointed under this Act.

(2) All instruments and documents made or issued under the repealed enactments and in force immediately before the commencement of this Act (other than the provisions of any instruments which are incorporated in this Act) shall continue in force as if made or issued under this Act.

Superannuation of certain officers.

[1950, s. 7]

313. —(1) For the purposes of this section “the Society” means Cumann an Árachais Náisiúnta ar Shláinte.

(2) Where a person was immediately before 1st August, 1950, an officer or employee of the Society and, pursuant to section 7 of the Social Welfare Act, 1950 , was appointed to a situation in the civil service of the Government, notwithstanding anything contained in any other enactment, he shall, for the purposes of the Superannuation Acts, 1834 to 1963, be deemed to have been paid out of moneys provided by the Oireachtas throughout his service under the Society and his previous service (if any) under any approved society.

(3) Where a person to whom subsection (2) applies was a member of the pension fund under the pension scheme established consequent on the report made pursuant to paragraph (d) of section 10 of the National Health Insurance Act, 1933 , such of his service under the Society and of his previous service (if any) under an approved society as, but for Part II of the Social Welfare Act, 1950 , would have been reckonable as pensionable service for the purpose of that scheme, shall be treated as established service for the purposes of the Superannuation Acts, 1834 to 1963.

(4) In any application of the Superannuation Acts, 1834 to 1963, to a female person to whom subsection (3) applies, any provisions of those Acts applicable to her on account of her being a female person shall not apply to her and in lieu thereof, the corresponding provisions of those Acts applicable to male persons shall apply to her.