16 1940

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Number 16 of 1940.


EMERGENCY POWERS (AMENDMENT) (NO. 2) ACT, 1940.


ARRANGEMENT OF SECTIONS

Section

1.

The Principal Act.

2.

Amendment of section 2 of the Principal Act.

3.

Summary trial and punishment of certain offences.

4.

Duration of this Act.

5.

Short title and collective citation.


Act Referred to

Emergency Powers Act, 1939

No. 28 of 1939

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Number 16 of 1940.


EMERGENCY POWERS (AMENDMENT) (NO. 2) ACT, 1940.


AN ACT TO AMEND AND EXTEND THE EMERGENCY POWERS ACT, 1939 , FOR THE PURPOSE OF MAKING BETTER PROVISION FOR SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF WAR. [3rd July, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

The Principal Act.

1. —In this Act the expression “the Principal Act” means the Emergency Powers Act, 1939 (No. 28 of 1939).

Amendment of section 2 of the Principal Act.

2. —Sub-section (5) of section 2 of the Principal Act is hereby amended by the deletion therefrom of the words “or the making of provision for the trial by courts-martial of persons not being persons subject to military law” now contained therein.

Summary trial and punishment of certain offences.

3. —The Government may, by an Order under section 2 of the Principal Act, make provision for the trial, in a summary manner, by commissioned officers of the Defence Forces, of any person alleged to have committed any offence specified in such order, and, in case of the conviction of such person of such offence, for the imposition and the carrying out of the sentence of death, and no appeal shall lie in respect of such conviction or sentence.

Duration of this Act.

4. —This Act shall continue in force so long as the Principal Act continues in force and no longer.

Short title and collective citation.

5. —(1) This Act may be cited as the Emergency Powers (Amendment) (No. 2) Act, 1940.

(2) This Act shall be included in the Acts which may be cited together as the Emergency Powers Acts, 1939 and 1940.