Number 21 of 1939.
AIR-RAID PRECAUTIONS ACT, 1939.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Powers and Duties of Local Authorities.
Scheme-making local authorities, and their functional areas. |
Air-raid Precautions Schemes.
Public Air-raid Shelters.
Miscellaneous Provisions.
Penalty for default by officers and servants of local authorities. | |
Financial Provisions.
Regulations.
Powers and Duties of Essential Undertakers.
Obscuration of Lights and Camouflage.
General duty of occupiers of factories, owners of mines and essential undertakers. | |
Provisions as to practice of dimming lights by local authorities. |
Miscellaneous Provisions.
Scheduled Urban Areas.
Acts Referred to | |
No. 4 of 1928 | |
No. 22 of 1925 | |
No. 5 of 1925 | |
No. 39 of 1926 | |
Number 21 of 1939.
AIR-RAID PRECAUTIONS ACT, 1939.
PART I.
Preliminary and General.
Short title.
1.This Act may be cited as the Air-raid Precautions Act, 1939.
Definitions generally.
2.—In this Act—
the expression “the Minister” means the Minister for Defence;
the expression “air-raid shelter” means protection, otherwise than by war-like means or by any article of apparel, from attack from the air;
the expression “an air-raid shelter” means any premises, structure, or excavation used or intended to be used to provide air-raid shelter;
the expression “air-raid precautions equipment” means any equipment, appliances or material constructed or designed for the purposes of affording protection to persons or property in the event of attack from the air or any parts of such equipment, appliances or material;
the expression “factory inspector” means a person who is for the time being an inspector for the purposes of the Factory and Workshops Acts, 1901 to 1920;
the expression “mines inspector” means a person who is for the time being an inspector for the purposes of the Coal Mines Act, 1911;
the word “occupier” means—
(a) in relation to any occupied land, the person entitled to occupy such land,
(b) in relation to any land which is a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), the person who would but for that Act be rated as occupier of such land,
(c) in relation to any other land, the person who is rated as occupier of such land;
the word “prescribed” means prescribed by regulations made under this Act.
“Local authorities”.
3.—Each of the following persons and bodies shall be a local authority for the purposes of this Act, that is to say:—
(a) the council of a county, county borough, borough or urban district, and
(b) a board of health, and
(c) a port sanitary authority,
and the expression “local authority” when used in this Act without qualification shall be construed accordingly.
“Essential undertakers”.
4.—(1) Each of the following persons shall be an essential undertaker for the purposes of this Act, that is to say:—
(a) a person (other than a Minister of State, the Commissioners of Public Works in Ireland or the Irish Land Commission) authorised, by a British Statute, a Saorstát Eireann Statute, an Act of the Oireachtas or an order having statutory force, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, water, gas, electricity, or other public undertaking;
(b) any person declared by an order made under sub-section (2) of this section to be an essential undertaker for the purposes of this Act.
(2) The Minister may, with the concurrence of the Minister for Industry and Commerce, by order under this sub-section declare any person who carries on any undertaking to be an essential undertaker for the purposes of this Act.
(3) In this Act the expression “the undertaking” when used in relation to an essential undertaker means the undertaking carried on by such essential undertaker.
Offences by bodies corporate.
5.—Where an offence under any section or sub-section of this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person who is a director or officer (including secretary or manager) of such body corporate or who, if such body corporate is a local authority, is a member or officer of such local authority, such person shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.
Prosecution of offences.
6.—An offence under any section of this Act may be prosecuted by the Minister or a member of the Gárda Síochána.
Service of documents.
7.—Any document which is required or authorised by or under this Act to be given to or served on any person may be given or served either—
(a) by delivering it to that person; or
(b) by leaving it, or sending it in a prepaid letter addressed to him, at his last known residence or his last known place of business; or
(c) in the case of a document to be given to or served on the occupier of any premises, by addressing it to the person concerned by the description of “occupier” of the premises to which it relates and delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
For the purposes of this sub-section, a company registered within the State under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business within the State.
Laying of regulations before Houses of the Oireachtas.
8.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
Expenses of the Minister.
9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II.
Powers and Duties of Local Authorities.
“Scheduled urban areas.”
10.—(1) Each of the following areas shall be a scheduled urban area for the purposes of this Part of this Act, that is to say:—
(a) subject to the operation of an order made by the Minister under sub-section (2) of this section, any area specified in the Schedule to this Act,
(b) any borough or urban district declared by an order made by the Minister under sub-section (3) of this section and for the time being in force to be a scheduled urban area for the purposes of this Part of this Act.
(2) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any area specified in the Schedule to this Act shall cease to be a scheduled urban area for the purposes of this Part of this Act and upon the coming into operation of such order such area shall shall cease to be a scheduled urban area for the said purposes.
(3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any borough or urban district shall be a scheduled urban area for the purposes of this Part of this Act.
(4) The Minister may by order under this sub-section revoke any order made by him under the immediately preceding sub-section.
(5) Whenever the Minister makes an order under this section in relation to any borough or urban district he may by such order provide for all such matters (including the transfer to or from the council of such borough or urban district from or to the council of the county of which such borough or urban district forms part of any land or other property acquired for the purposes of their functions under this Part of this Act by the council of such county or the council of such borough or urban district, and the making of provision for financial adjustments between such councils) as he thinks necessary or expedient for giving full effect to such order.
(6) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
Scheme-making local authorities, and their functional areas.
11.—(1) Each of the following shall be a scheme-making local authority for the purposes of this Part of this Act, that is to say:—
(a) the council of a county, and
(b) the council of a county borough, and
(c) the council of a scheduled urban area.
(2) In this Part of this Act the expression “functional area” means—
(a) in relation to the council of a county, such county exclusive of any scheduled urban area therein,
(b) in relation to the council of a county borough, such county borough,
(c) in relation to the council of a scheduled urban area, such scheduled urban area.
Air-raid Precautions Schemes.
Duty of scheme-making local authorities to prepare air-raid precautions schemes.
12.—(1) It shall be the duty of each scheme-making local authority to prepare and submit to the Minister as regards its functional area a scheme (in this Part of this Act referred to as an air-raid precautions scheme) in respect of the following matters, that is to say:—
(a) the protection (otherwise than in its capacity as an employer or as an owner of property) of persons and property from injury or damage in the event of attack from the air and for the minimising of such injury or damage;
(b) the extinguishment of fires likely to result from such attack;
(c) the designation of the authorities (including local authorities whose functional areas are wholly or partly within the functional area of such scheme-making local authority) and persons by whom the arrangements contained in such scheme are to be carried out
(2) Air-raid precautions schemes shall in particular contain provisions in respect of such matters as may be prescribed by regulations made by the Minister under this Part of this Act but the Minister may, as regards any particular scheme-making local, authority, exempt such authority from the duty to include in an air-raid precautions scheme prepared by it any matter so prescribed, and thereupon such authority shall not be required to include in such scheme provisions in respect of that matter.
(3) An air-raid precautions scheme shall, as soon as may be after the passing of this Act, be submitted by each scheme-making local authority in respect of all matters in respect of which it is required by the preceding provisions of this section to submit an air-raid precautions scheme for its functional area, and any scheme-making local authority may and shall, if so required by the Minister, prepare and submit separate air-raid precautions schemes in respect of any such matters.
Approval, effect, revocation and amendment of air-raid precautions schemes.
13.—(1) When an air-raid precautions scheme is submitted to the Minister under this Act, the Minister, after consultation with the Minister for Local Government and Public Health, may, with or without modifications, approve thereof, and such scheme shall, upon being so approved come into force on such date as may be specified in such scheme as so approved, and different dates may be so specified for different provisions of such scheme.
(2) Where an air-raid precautions scheme is submitted by a scheme-making local authority to the Minister under this Part of this Act, the Minister may, in lieu of approving of such scheme, require such authority to prepare, in accordance with any directions given by the Minister after consultation with the Minister for Local Government and Public Health, a new air-raid precautions scheme and submit it to him.
(3) The Minister may at any time revoke an air-raid precautions scheme which is in force.
(4) Any air-raid precautions scheme in force may be amended by a subsequent air-raid precautions scheme submitted and approved in the same manner as the original scheme.
(5) Where an air-raid precautions scheme is in force the scheme-making local authority by whom such scheme was submitted shall, if so required by the Minister, prepare and submit to the Minister a scheme for the amendment thereof in accordance with any directions given by the Minister after consultation with the Minister for Local Government and Public Health.
Duty of local authorities and their officers to assist scheme-making local authorities in the preparation of air-raid precautions schemes.
14.—It shall be the duty of every local authority, whose functional area is situate wholly or partly within the functional area of a scheme-making local authority and the officers and servants of such first-mentioned local authority to give to such scheme-making local authority such information and assistance as such scheme-making local authority may reasonably require for the purpose of preparing any air-raid precautions scheme.
Duty of local authorities and their officers and servants to carry out Act and air-raid precautions schemes.
15.—(1) It shall be the duty of every local authority to discharge such functions as may be imposed on them by or under this Part of this Act or any air-raid precautions scheme in force and to ensure that officers and servants of such local authority fulfil such functions as may be assigned to them by or under this Part of this Act or any air-raid precautions scheme in force.
(2) It shall be the duty of officers and servants of local authorities to fulfil such functions as may be assigned to them by this Part of this Act or any air-raid precautions scheme in force.
Duty of local authorities to co-operate.
16.—(1) It shall be the duty of local authorities charged with functions by or under this Part of this Act or any air-raid precautions scheme in force to assist each other where possible in making provisions for the protection of persons and property from injury or damage in the event of attack from the air, and any two or more local authorities may enter into mutual arrangements for this purpose.
(2) It shall be the duty of local authorities to assist each other where possible in the discharge of functions imposed on them by or under this Part of this Act or any air-raid precautions scheme in force.
Acquisition of land by local authorities for purposes of air-raid precautions schemes.
17.—(1) A local authority may, for the purposes of an air-raid precautions scheme, do, with the consent of the Minister given after consultation with the Minister for Local Government and Public Health, all or any of the following things, that is to say:—
(a) acquire (either permanently or temporarily and either compulsorily or by agreement) any land wherever situate;
(b) acquire (either permanently or temporarily and either compulsorily or by agreement) any easement, or other right whatsoever existing over or in respect of any land or water, wherever situate.
(2) At any time after the passing of this Act and before conveyance or ascertainment of compensation a local authority may, subject to the provisions of this section, enter on and take possession of any land or exercise any right which such local authority is authorised by this section to acquire compulsorily.
(3) Before exercising any of the powers conferred on it by the immediately preceding sub-section, a local authority shall—
(a) in the case of the acquisition of any land, give at least seven days' or, if the land is an occupied dwelling house, twenty-eight days' previous notice in writing to the occupier of the land;
(b) in any other case, give at least seven days' notice in writing to the owner of the right or other property affected.
(4) Every notice under this section shall be accompanied by a plan showing fully and clearly the land or right to which the notice relates.
(5) Where a local authority under this section enters on and takes possession of any land or exercises any right (as the case may be) before payment of the compensation, such local authority shall pay to the occupier of the land or owner of the easement or other right affected (as the case may be) interest on the amount of such compensation when fixed at the rate of four pounds per cent. per annum from the date of such entry and taking possession or the exercise of such right (as the case may be) until the date of conveyance to such local authority.
(6) Where a local authority acquires permanently under this section any land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual payment (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission, such local authority shall become and be liable, as from the date on which it enters on and takes possession of the land so acquired, for the payment to the Irish Land Commission of such purchase annuity, payment in lieu of rent or other annual payment (not being merely a rent under a contract of tenancy) or such portion thereof as shall be apportioned by the Irish Land Commission on such land as if such land had been transferred to such local authority by the proprietor thereof on that date.
(7) Where a local authority acquires permanently under this section any land which is subject, either alone or in conjunction with other land, to a charge payable to the Commissioners of Public Works in Ireland such local authority shall become and be liable, as from the date on which it enters on and takes possession of the land so acquired, for the payment to the said Commissioners of such charge or such portion thereof as shall be apportioned by the said Commissioners on such land as if such land had been transferred to such local authority by the proprietor thereof on that date.
Payment and ascertainment of compensation for land acquired by local authorities.
18.—(1) Compensation shall be paid by a local authority for land compulsorily acquired by it under the immediately preceding section to the several persons entitled thereto or having estates or interests therein, and for or in respect of easements and other rights compulsorily acquired under the said section to the owner thereof or the several persons entitled to or having estates or interests in the land or water over or in respect of which such rights are so acquired, and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(2) All claims for compensation in respect of any land or right compulsorily acquired under the immediately preceding section shall be made within one year after such land is first entered on or such right is first exercised by the local authority acquiring it.
(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by a local authority under this section and to the conveyance to a local authority of property, corporeal or incorporeal, compulsorily acquired by it under the immediately preceding section, and for the purpose of such application a local authority shall be deemed to be the promoter of the undertaking.
Repayment by local authorities of State grants in respect of acquisition of land.
19.—(1) Where the Minister is satisfied that any land or right, which has been acquired by a local authority for the purposes of this Part of this Act, ceases to be required for such purposes, he may serve upon such local authority a notice that he is so satisfied, and thereupon the following provisions shall have effect, that is to say:—
(a) if such local authority sells, within six months after the service of such notice, such land or right, such local authority shall on demand pay to the Minister a sum which bears to the net proceeds of such sale the same proportion as the amount of the grant made to such local authority by the Minister under section 35 of this Act in respect of the acquisition of such land or right bears to the compensation or price paid by such local authority in respect of such acquisition;
(b) if such local authority does not so sell such land or right, such local authority shall on demand pay to the Minister such sum (not exceeding the amount of the said grant) as the Minister, after consultation with the Minister for Local Government and Public Health, thinks fit.
(2) Any moneys payable to the Minister under this section shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) Any moneys paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
Public Air-raid Shelters.
Register of designation notices.
20.—(1) Every scheme-making local authority shall cause to be kept at its offices a register (in this Part of this Act referred to as the register) to be called the register of designation notices.
(2) There shall be entered in the register kept by each scheme-making local authority the matters required by this Part of this Act to be entered therein by such authority.
(3) The register kept by a scheme-making local authority may be inspected by any person free of charge at any time while the offices of such authority are open for the transaction of business.
(4) In this Part of this Act the expression “the register” when used in relation to a scheme-making local authority means the register kept by such authority in pursuance of this section.
Designation of premises.
21.— (1) Whenever and so often as it appears to a scheme-making local authority that the whole or any part of a building situate in its functional area is or can be made suitable—
(a) for use as a public air-raid shelter, or
(b) for use, in the event of attack, by such authority, in carrying out any of the functions imposed on it by or under this Part of this Act,
that authority may post in the building or part a notice (in this Part of this Act referred to as a designation notice) declaring that such building or such part may be required for the purposes of this Act.
(2) Where a scheme-making local authority posts a designation notice in a building or part of a building such authority shall notify the Minister and take such steps as appear reasonably practicable to bring the contents of such designation notice to the knowledge of the persons having estates or interests in the building or part.
(3) Where a scheme-making local authority posts a designation notice in respect of any building or part thereof such authority shall cause the prescribed particulars of such notice to be registered in the register, and upon such registration such notice shall be binding on any person subsequently acquiring any estate or interest in such building.
(4) A scheme-making local authority may at any time withdraw any designation notice posted by it by posting a notice to that effect in the building or part of a building to which such designation notice relates, and shall, in that case, cause the entry in the register relating to such designation notice to be cancelled.
(5) Where a designation notice has been posted in a building or part of a building then, subject to the provisions of the next following section, such building or part shall unless such notice is withdrawn be designated premises during the period of three years commencing on the day on which notice is so posted, and references in this Part of this Act to designated premises and to designation of premises shall be construed accordingly.
(6) Notwithstanding anything in this section a scheme-making local authority shall not, without the prior consent of the Minister given after consultation with the Minister for Industry and Commerce, designate the whole or any part of a building which either—
(a) is occupied by an essential undertaker, or
(b) is situate on land over which any essential undertaker exercises any control under any enactment or order relating to him.
Appeal from designation of premises.
22.—(1) Within twenty-one days from the designation of any premises, any person having any estate or interest therein may appeal to the Minister against the designation thereof on the ground—
(a) that the whole or any part of the premises is required for use for purposes of public importance and that accordingly it is inexpedient that they should be designated as aforesaid; or
(b) that the whole or any part of the premises is required for use as a private air-raid shelter for the persons in the premises or in the building of which such premises form part.
(2) If on any such appeal the Minister is satisfied as to the truth of the grounds of the appeal, he may, if he thinks fit, order that the designation of the premises shall cease to have effect, or that it shall cease to have effect as respects a specified part of the premises originally designated and in that event, the scheme-making local authority concerned shall cause to be entered in the register in the appropriate place a note of the Minister's order.
(3) Where a designation so ceases to have effect as respects the whole or any part of any premises, the premises or part shall not again be designated without the consent of the Minister.
(4) If in any particular case the Minister considers it just to do so, he may extend the time limited by sub-section (1) of this section for the bringing of an appeal under this section to such extent and on such terms (if any) as he thinks fit.
Execution of works.
23.—(1) Where it appears to a scheme-making local authority expedient for the purpose of making designated premises suitable or more suitable for any of the purposes mentioned in sub-section (1) of section 21 (which relates to designation of premises) of this Act, or of keeping them suitable for any of those purposes that works should be executed in those premises, or in the building of which they form part, or in or on any adjacent building or land, such authority may, if it is unable to secure the execution of those works by agreement, itself execute those works, subject, however, as follows:—
(a) such authority shall not, except with the agreement of all persons concerned, begin any such works as aforesaid until the period has expired for appealing to the Minister against the designation of the premises in question or, if an appeal is brought within that period, until the determination of that appeal;
(b) before entering (otherwise than with the consent of the occupier) on any premises, building or land for the purpose of executing any works, such authority shall give to the occupier at least fourteen days' notice in writing of its intention so to do.
(2) No requirements or restrictions imposed by or under any enactment or any covenant or agreement as to the erection placing or making of buildings shall apply in relation to any works executed under this section.
(3) Nothing in any covenant or agreement requiring any person to keep specified premises in, or to restore specified premises to, a particular condition shall authorise or compel any person to interfere with any works executed on those premises under this section, or subject him to any liability if he does not do so.
(4) Any equipment, appliances or material used in the execution of any works by a local authority under this section on any premises, building or land shall, notwithstanding the affixing thereof to such premises, building or land, remain the property of such authority.
Compensation where works are executed.
24.—(1) Where works are executed under the immediately preceding section in or on any premises, building or land by a scheme-making local authority, the occupier of the premises, building or land shall be entitled to recover from such authority the damage he has sustained by reason of any interference with his use of the premises, building or land during the execution of the works.
(2) Where by reason of the execution of any works under the immediately preceding section, the usefulness of any premises, building or land is impaired, the scheme-making local authority executing such works shall pay as compensation to the person who from time to time is the occupier of the premises, building or land, periodical sums, payable quarterly in arrear, calculated by reference to the diminution of the annual value of the premises, building or land, as the case may be, ascribable to the said impairment of the usefulness thereof.
In this sub-section—
the expression “annual value” means, in relation to any premises, building or land, the rent at which it is estimated that the premises, building or land might reasonably be expected to let from year to year if the tenant undertook to pay the usual tenant's rates and taxes and if the landlord undertook to bear the costs of the repairs and insurance and the other expenses, if any, necessary to maintain the premises, building or land in a state to command that rent, such adjustments being made as appear necessary to eliminate any appreciation due to the fact that the premises, building, or land are or can be made suitable for use in the event of hostile attack and any depreciation due to the fact that the premises, building or land are likely to be required for use in that event;
the expression “diminution in the annual value” means, in relation to the impairment of the usefulness of any premises, building or land by reason of the execution of works, the amount by which the annual value of the premises, building or land is less than it would be if the works had not been executed;
(3) Where the designated premises in or in connection with which works were executed under the immediately preceding section cease to be designated premises, the payments provided for by sub-section (2) of this section shall cease to be payable, but the occupier of the premises, building or land in or on which the works were executed may at any time require the scheme-making local authority executing such works to restore the premises, building or land to the condition in which they would be but for the execution of the works, and if such authority do not within a reasonable time comply with the requirement, they shall pay by way of compensation to every person having any estate or interest in the premises, building or land in or on which the works were executed, a sum equal to the depreciation in the value of the estate or interest of that person owing to the execution therein of the works.
(4) The following provisions shall apply in respect of the determination of claims to compensation under this section—
(a) any question whether any, and if so what, compensation is payable under this section shall be referred to and determined by such one or more of the official arbitrators appointed for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), as may be selected by the Reference Committee thereunder;
(b) the said Reference Committee may make rules with respect to the references of questions under this section and, with the consent of the Minister for Finance, may prescribe the fees to be paid in connection with any proceedings for the determination of any such question;
(c) subject to any such rules, the arbitrator shall before deciding any question as to any of the matters aforesaid direct such inquiries, if any, to be made and such notices, if any, whether by way of advertisement or otherwise, to be given to such of the persons who appear to be affected by the decision of the question, as he may think fit, and his decision upon any such question shall be binding on all persons whether or not those persons are parties to the proceedings or have been served with notices;
(d) subject to the preceding provisions of this section, the official arbitrator by whom any question which may be referred under this section is determined, shall have the like powers with respect to procedure (including the hearing of claims and objections together) costs and the statement of special cases, as he has under the Acquisition of Land (Assessment of Compensation) Act, 1919.
Designated premises to remain unaltered.
25.—(1) Subject to the provisions of this section, no person shall, without the consent of the scheme-making local authority concerned—
(a) make any structural alteration in any designated premises; or
(b) remove or alter any works executed by, or by arrangement with, that authority in any designated premises, any building of which designated premises form part, or any building or land adjacent to any designated premises:
but, if a scheme-making local authority refuses its consent or does not give its consent within six weeks from the date on which application is made therefor, the applicant may appeal to the Minister, and the Minister on the hearing of the appeal may authorise any alteration or removal desired by the applicant and the decision of the Minister shall be final and conclusive.
(2) Any person who contravenes the provisions of the preceding sub-section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
(3) Where a person is charged with an offence under this section in relation to any designated premises it shall be a good defence for such person to prove that he did not know, and had no reasonable grounds for suspecting, that the premises were designated premises.
(4) Where the court by which a person is convicted of an offence under this section is satisfied that the contravention constituting the offence has rendered the designated premises in question unsuitable, or less suitable, for the public purposes for which they may be required, they may order that the scheme-making local authority concerned shall be at liberty to charge to the person convicted its reasonable expenses of again rendering the premises as suitable for those purposes as they would have been if the contravention had not taken place, and where such an order is made any such expenses of such authority shall be recoverable by it from the person convicted as a simple contract debt.
Provisions in relation to appeals to the Minister.
26.—(1) The Minister may, with the consent of the Minister for Finance, make rules as respects appeals to him under sections 22 and 25 of this Act—
(a) specifying the manner in which the appeals are to be brought;
(b) authorising persons to be appointed, in all or any specified class of cases, to inquire into the matters raised by any such appeal and to report thereon to the Minister;
(c) authorising any person so appointed to take evidence on oath and for that purpose to administer oaths, and to require the attendance of witnesses and the production of documents, and authorising the punishment on summary conviction of persons who fail to comply with any such requirement, and fixing the penalty (not exceeding ten pounds) which may be imposed on persons so convicted;
(d) making provisions as to the costs incurred on any such appeal;
(e) otherwise regulating the procedure to be followed in connection with the investigation and determination of such appeals;
and may make different rules in respect of appeals under the said section 22 and in respect of appeals under the said section 25.
(2) Any expenses incurred by the Minister in respect of an appeal under section 22 or section 25 of this Act shall be paid to the Minister either (as the Minister thinks fit) by such of the parties thereto as the Minister may direct or by each of the parties thereto in such proportions as the Minister may direct, and a certificate by the Minister shall be conclusive evidence of the amount of such expenses, and any moneys paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
Requisition of designated premises.
27.—(1) Whenever it appears to the Minister that, in view of the imminence of an emergency involving the possibility of an attack from the air, it is expedient so to do, he may by order under this sub-section declare that the provisions of sub-section (3) of this section shall come into operation, and whenever any such order is made the provisions of sub-section (3) of this section shall come into force and remain in force until such order is revoked.
(2) The Minister may by order under this sub-section revoke any order made under the immediately preceding sub-section.
(3) Any local authority may take and retain possession of any premises designated by it under this Part of this Act.
(4) Where a local authority is authorised by the immediately preceding sub-section to take possession of any premises such authority may for the purpose of taking such possession remove or require the occupier to remove any property which is in those premises, and may take such other steps as may be necessary for putting those premises in a condition which will enable them to be used for the purpose intended.
(5) If—
(a) the occupier of any premises refuses to move from such premises any property when required to do so by a local authority under the immediately preceding sub-section, or
(b) any person obstructs, or interferes with, any person acting on behalf of a local authority in the exercise of the powers conferred on such authority under this section,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(6) Where possession is taken of any premises under this section there shall be paid out of moneys provided by the Oireachtas such compensation to such persons as the Oireaehtas may hereafter determine.
Miscellaneous Provisions.
Duty of local authorities and their officers to assist in arrangements for evacuation of civil population.
28.—(1) It shall be the duty of every local authority and every officer of a local authority, at the request and in accordance with the directions of the Minister, to collect and furnish to him such information as he may require for the purpose of assisting the preparation by the Government of plans for the transference of members of the civil population from one area to another in the event of attack from the air, and for the accommodation and maintenance of the persons transferred.
(2) Any local authority or officer of a local authority may, for the purpose of enabling it or him to comply with any request or directions of the Minister under the immediately preceding sub-section, serve on the occupier of any premises a notice requiring him to send to such authority or officer, within such time as may be specified in the notice, such particulars with respect to the premises and to the number of persons resident therein as may be so specified, and any person who fails to comply with the requirements of any such notice so served on him shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Dissolution of defaulting local authorities.
29.—(1) If and whenever the Minister for Local Government and Public Health is satisfied that a local authority has failed to discharge any functions which it is required to discharge by or under this Part of this Act or any air-raid precautions scheme he may, without holding a local inquiry under section 72 of the Local Government Act, 1925 (No. 5 of 1925), exercise, in respect of such local authority, the powers conferred on him by sub-section (2) of the said section 72, and sub-sections (3), (4), (5) and (6) of the said section 72 shall apply accordingly.
(2) Where a local authority is dissolved under section 72 of the Local Government Act, 1925, as applied by this section, any remuneration paid, in pursuance of sub-section (4) of the said section 72, out of the revenue of such local authority shall not be approved by the Minister under section 35 (which relates to State grants to local authorities) of this Act.
Determination of disputes.
30.—If any dispute arises between two or more local authorities in relation to any matter or thing arising under this Part of this Act, such dispute shall be referred to the Minister, whose decision shall be final.
Appointment of officers and servants.
31.—(1) A local authority may, with the previous consent of the Minister, given after consultation with the Minister for Local Government and Public Health, appoint such and so many officers and servants as may be considered necessary for the purposes of this Part of this Act.
(2) Every officer and servant of a local authority appointed under this section shall be paid such remuneration and hold his appointment upon such conditions as the Minister, after consultation with the Minister for Local Government and Public Health, may determine.
(3) The Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall not apply in respect of appointments under this section.
Penalty for default by officers and servants of local authorities.
32.—(1) If any officer or servant of a local authority fails, neglects or refuses to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by or under this Part of this Act or any air-raid precautions scheme in force, such officer or servant shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.
(2) Proceedings for an offence under this section shall not be instituted except with the consent of the Minister.
Power of officers of local authorities to enter premises.
33.—(1) Any person duly authorised by a local authority shall, on producing some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours for the purpose of—
(a) ascertaining whether there is or has been, on or in connection with the premises, any contravention of or failure to comply with the provisions of this Part of this Act;
(b) ascertaining whether or not circumstances exist which would authorise or require any action to be taken by such local authority under this Part of this Act;
(c) otherwise facilitating the performance by the local authority of its functions under this Part of this Act.
(2) If it is shown to the satisfaction of a justice of the District Court on sworn information in writing—
(a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry into the premises for any such purpose as is mentioned in sub-section (1) of this section.
such justice may by warrant under his hand authorise a local authority by any authorised officer of such local authority to enter the premises, if need be by force, but such warrant shall not be issued unless such justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(3) An authorised officer of a local authority entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(5) If any person who in compliance with the provisions of this section or of a warrant issued thereunder is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in the factory, workshop or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds or at the discretion of the Court to imprisonment for a term not exceeding twelve months.
(6) If any person interferes with or obstructs an authorised officer of a local authority in the exercise of the powers conferred on such officer by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Financial Provisions.
Expenses of local authorities.
34.—(1) Any local authority may, with the approval of the Minister, incur expenses for the purposes (in this section referred to as air-raid precaution purposes) of making provision for the protection of persons and property from injury or damage in the event of attack from the air and for the minimising of such injury or damage, whether such expenditure is incurred in pursuance of an air-raid precautions scheme or otherwise under this Act.
(2) Where at any time subsequent to the 30th day of September, 1938, and prior to the passing of this Act, any expenses were incurred by a local authority for air-raid precaution purposes, and such expenses were, in the opinion of the Minister, properly so incurred, the following provisions shall have effect, that is to say:—
(a) if such expenses could lawfully have been incurred under this Act if this Act had been in force when they were incurred, such expenses shall be deemed to have been incurred under this Act, and this Act shall apply and be deemed always to have applied to such expenses accordingly, and
(b) if any sum was, at any time either before or after such expenses were incurred, included in any rate in order to defray such expenses, and such sum could lawfully have been so included if this Act had been in force at that time, such rate shall not be or be deemed ever to have been invalid or irrecoverable merely by reason of such inclusion.
(3) Any expenses incurred by a local authority (other than the council of a county or the councils of the county boroughs of Dublin and Limerick) under this Part of this Act shall be defrayed in the manner in which expenses incurred by such local authority under the Public Health Acts, 1878 to 1931, are defrayed.
(4) Any expenses incurred by the council of a county under this Part of this Act shall be defrayed out of the county fund as a county-at-large charge but so that no sum shall be raised on account of such expenses of any borough or urban district which is for the time being a scheduled urban area.
(5) The council of a county may borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, for the purpose of defraying any expenses incurred by such council under this Part of this Act in like manner as if such purpose were mentioned in that Article and money borrowed for any such purpose shall not be reckoned as part of the debt of such council for the purposes of any limitation on borrowing imposed by the said Article.
(6) Any local authority (other than the council of a county) may borrow under the Public Health Acts, 1878 to 1933, for the purpose of defraying any expenses incurred by such local authority under this Part of this Act as if such purpose were a purpose for which such local authority is authorised to borrow under those Acts, but money borrowed for any such purpose shall not be reckoned as part of the debt of such local authority for the purposes of any limitation on borrowing imposed by those Acts.
State grants to local authorities.
35.—The Minister with the concurrence of the Minister for Finance shall, out of moneys provided by the Oireachtas, pay towards such expenditure by a local authority under this Part of this Act as may be approved by him in accordance with regulations to be made under this Part of this Act grants not exceeding seventy per cent. of such approved expenditure.
Regulations.
Regulations for purposes of Part II.
36.—The Minister may, with the concurrence of the Minister for Finance, make regulations in relation to all or any of the following matters, that is to say:—
(a) any matter or thing referred to in this Part of this Act as prescribed or to be prescribed by regulations made by the Minister under this Part of this Act;
(b) the approval by the Minister of expenditure of local authorities incurred for the purposes of air-raid precautions schemes, or incurred, with the concurrence of the Minister, otherwise than in pursuance of air-raid precautions schemes, for the protection of persons and property from injury or damage in the event of attack from the air, and in particular as to the manner in which any such expenditure is to be estimated for the purpose of being so approved,
any such regulations may permit the approval of expenditure incurred after the 30th day of September, 1938.
PART III.
Powers and Duties of Essential Undertakers.
Duty of essential undertakers to prepare schemes.
37.—(1) It shall be the duty of any essential undertaker, when required by the Minister so to do, to prepare and submit, within such time as the Minister may direct, to the Minister as regards the undertaking a scheme (in this Act referred to as an air-raid precautions (essential undertaker's) scheme) in respect of the following matters, that is to say:—
(a) the continued functioning of the undertaking in the event of attack from the air;
(b) the designation of the persons by whom the arrangements contained in the scheme are to be carried out.
(2) Air-raid precautions (essential undertaker's) schemes shall in particular contain provisions in respect of such matters as may be prescribed by regulations made by the Minister under this Part of this Act, but the Minister may, as regards any particular essential undertaker exempt such essential undertaker from the duty to include in such scheme any matter so prescribed, and thereupon such essential undertaker shall not be required to include provisions in respect of that matter.
(3) In making regulations in relation to any matter referred to in sub-section (2) of this section as prescribed, the Minister may make different regulations in respect of different classes of essential undertakers.
Approval, effect, revocation and amendment of air-raid precautions (essential undertaker's) schemes.
38.—(1) When an air-raid precautions (essential undertaker's) scheme is submitted to the Minister under this Part of this Act, the Minister may, with or without modifications, approve thereof, and such scheme shall, upon being so approved, come into force on such date as may be specified in such scheme as so approved, and different dates may be so specified for different provisions of such scheme.
(2) Where an air-raid precautions (essential undertaker's) scheme is submitted by an essential undertaker to the Minister under this Part of this Act, the Minister may, in lieu of approving of such scheme, require such undertaker to prepare, in accordance with any directions given by the Minister, a new air-raid precautions (essential undertaker's) scheme and submit it to him.
(3) The Minister may at any time revoke an air-raid precautions (essential undertaker's) scheme which is in force.
(4) Any air-raid precautions (essential undertaker's) scheme in force may be amended by a subsequent air-raid precautions (essential undertaker's) scheme submitted and approved in the same manner as the original scheme.
(5) Where an air-raid precautions (essential undertaker's) scheme is in force the essential undertaker by whom such scheme was submitted shall, if so required by the Minister, prepare and submit to the Minister a scheme for the amendment thereof in accordance with any directions given by the Minister.
Duty of essential undertakers and their officers and servants to carry out Act and air-raid precautions schemes.
39.—(1) It shall be the duty of every essential undertaker to discharge such functions as may be imposed on him by or under this Part of this Act or any air-raid precautions (essential undertaker's) scheme in force and to ensure that officers and servants of such essential undertaker fulfil such functions as may be assigned to them by or under this Act or any air-raid precautions (essential undertaker's) scheme in force.
(2) It shall be the duty of officers and servants of essential undertakers to fulfil such functions as may be assigned to them by or under this Act or any air-raid precautions (essential undertaker's) scheme in force.
Duty of essential undertakers to assist in arrangements for evacuation of civil population.
40.—It shall be the duty of every essential undertaker, at the request and in accordance with the directions of the Minister, to collect and furnish to him such information as he may require for the purpose of assisting the preparation by the Government of plans for the transference of members of the civil population from one area to another in the event of attack from the air.
Penalty for default by essential undertakers and their officers and servants.
41.—(1) If any essential undertaker fails to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by or under this Part of this Act, such essential undertaker shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, and if the failure in respect of which such essential undertaker was so convicted continues after the conviction such essential undertaker shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the offence continues.
(2) If any officer or servant of an essential undertaker fails to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by or under this Part of this Act, such officer or servant shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.
Bye-laws by essential undertakers.
42.—Where an essential undertaker is by any Act or statutory order authorised to make bye-laws for or in relation to the care and management of the undertaking such undertaker may, with the consent of the Minister and the concurrence of the Minister for Industry and Commerce, make bye-laws in relation to any functions imposed on such undertaker by this Part of this Act or any air-raid precautions (essential undertaker's) scheme, and such bye-laws may provide for a penalty for the breach thereof of an amount not exceeding the maximum amount specified in that regard in the statute or order under which the bye-laws of such undertaker generally are made.
Acquisition of land by essential undertakers.
43.—(1) Any essential undertaker may for the purposes of this Part of this Act do, with the consent of the Minister given after consultation with the Minister for Industry and Commerce, all or any of the following things, that is to say:—
(a) acquire (either compulsorily or by agreement) any land;
(b) acquire (either compulsorily or by agreement) any easement or other right whatsoever existing over or in respect of any land or water.
(2) The provisions of sub-sections (2) to (7) of section 17 (which relates to acquisition of land by local authorities for purposes of air-raid precautions schemes) and section 18 (which relates to payment and ascertainment of compensation for land acquired by local authorities) of this Act shall apply in respect of land or rights acquired by essential undertakers under this section as if enacted herein with the substitution of references to an essential undertaker for reference to a local authority.
Expenditure by essential undertakers.
44.—(1) Any essential undertaker may incur expenditure for any of the purposes for which an air-raid precautions (essential undertaker's) scheme may be prepared under this Act, whether or not such expenditure is incurred in carrying out the provisions of such a scheme, and any such expenditure shall be expenditure towards which the income or other moneys of such essential undertaker shall be applicable, notwithstanding any restriction or limitation on the application of such income or other moneys imposed by any other Act or statutory order.
(2) Notwithstanding any restriction or limitation imposed by any other Act or statutory order any essential undertaker may borrow money for the purposes of this Act.
(3) All expenses incurred since the 30th day of September, 1938, and before the passing of this Act by an essential undertaker for the purposes of this Act shall be deemed to have been lawfully incurred.
Removal of restrictions on powers of essential undertakers.
45.—The powers and duties conferred or imposed on an essential undertaker by or under this Act or any air-raid precautions (essential undertaker's) scheme in force, shall be exercisable and performable by such essential undertaker notwithstanding any obligations, duties or restrictions imposed on such essential undertaker by any other enactment or any order having statutory force.
State grants to essential undertakers.
46.—The Minister with the concurrence of the Minister for Finance shall, out of moneys provided by the Oireachtas, pay towards such expenditure by an essential undertaker under this Part of this Act as may be approved by the Minister in accordance with regulations to be made under this Part of this Act grants not exceeding fifty per cent. of such approved expenditure.
Repayment by essential undertakers of State grants in respect of acquisition of land.
47.—(1) Where any land or other right which has been acquired by an essential undertaker for the purposes of this Part of this Act ceases in the opinion of the Minister to be required for such purposes, such essential undertaker shall on demand pay to the Minister such sum (not exceeding the amount of the grant made by the Minister under the immediately preceding section in respect of such acquisition) as the Minister, after consultation with the Minister for Industry and Commerce, thinks fit.
(2) Any moneys payable to the Minister under this section shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) Any moneys paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
Regulations for purposes of Part III.
48.—The Minister may, with the concurrence of the Minister for Finance, make regulations in relation to all or any of the following matters, that is to say:—
(a) any matter or thing referred to in this Part of this Act as prescribed or to be prescribed by regulations made by the Minister under this Part of this Act;
(b) the approval by the Minister of expenditure of essential undertakers incurred for the purposes of air-raid precautions (essential undertaker's) schemes, or incurred, with the concurrence of the Minister, otherwise than in pursuance of air-raid precautions schemes, for the protection of persons and property from injury or damage in the event of attack from the air, and in particular as to the manner in which any such expenditure is to be estimated for the purpose of being so approved,
any such regulations may permit the approval of expenditure incurred after the 30th day of September, 1938.
PART IV.
Obscuration of Lights and Camouflage.
General duty of occupiers of factories, owners of mines and essential undertakers.
49.—(1) It shall be the duty of the occupier of any factory premises, of the owner of any mine and of essential undertakers to take forthwith any necessary measures to secure that in the event of emergency, throughout any period of darkness—
(a) no lights are allowed to appear from within any building on the premises, or used for the purposes of the mine or undertaking; and
(b) no lights not within a building remain alight, unless they are essential for the conduct of work of national importance, are adequately shaded, are reduced in power and, save where the Minister otherwise directs, are capable of instant extinction at any time.
(2) A factory inspector may serve on the occupier of any factory premises, a mines inspector may serve on the owner of any mine and any person authorised by the Minister may serve on any essential undertaker, a notice in writing requiring the occupier, owner or undertaker, within the time specified in the notice, to take such measures as may be specified in the notice, being such measures as are mentioned in sub-section (1) of this section.
(3) This section does not apply to any of the matters dealt with in the next succeeding section.
Provisions as to processes involving flames or glare.
50.—(1) Where any process carried on in factory premises, or in the premises of any essential undertaker, involves the emission of flames or glare not capable of being screened by means which would suffice in the case of ordinary lighting of a building, the Minister may serve on the occupier of the factory premises, or on the essential undertaker, as the case may be, a notice in writing requiring him, within the time specified in the notice, to take such measures as may be specified in the notice to secure that in the event of an emergency the flames or glare will either no longer be produced during any period of darkness, or will be wholly or partially screened.
(2) The Minister may serve on the owner of any mine in connection with which there is any accumulation or deposit of refuse which is burning or is liable to spontaneous combustion, a notice in writing requiring him, within the time specified in the notice, to take such measures as may be specified in the notice to secure that in the event of an emergency no flames or glare will be produced during any period of darkness by that accumulation or deposit or that any flames or glare so produced will be wholly or partially screened.
Camouflage.
51.—The Minister may serve on the occupier of any factory premises or on any essential undertaker a notice in writing requiring him, within the time specified in the notice, to take such measures as may be specified in the notice to secure that the factory premises or, as the case may be, any of the premises of the undertaker, are or can be made less readily recognisable by aircraft in the event of attack.
State grants under Part IV.
52.—(1) There may be paid out of moneys provided by the Oireachtas towards the approved expenses of any person on whom a notice has been served under the two immediately preceding sections in taking the measures specified in the notice, grants not exceeding one-half of those expenses.
(2) In this section “approved expenses” means such expenses of a capital nature as the Minister may, with the consent of the Minister for Finance, approve for the purposes of this section.
Penalties for failure to comply with notice.
53.—If any person on whom a notice is served under any of the preceding provisions of this Part of this Act fails to comply with the requirements thereof, such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding one hundred pounds, and, if the failure in respect of which such person was so convicted continues after the conviction, such person shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the offence continues.
The court by which any persons are convicted under this sub-section may fix a reasonable period from the date of the conviction for the compliance by them with the requirements of the notice, and, where the court has fixed such a period, the said daily penalty shall not be recoverable in respect of any day before the expiration thereof.
Saving for Part III.
54.—The preceding provisions of this Part of this Act relating to essential undertakers shall not be construed as limiting the generality of the provisions of Part III of this Act, but no grant shall be made both under this Part of this Act and that Part of this Act in respect of the same expenses.
Powers of entry on premises.
55.—(1) Any authorised officer shall, on producing some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours for the purpose of—
(a) ascertaining whether there is or has been, on or in connection with the premises, any contravention of or failure to comply with the provisions of this Part of this Act or any notice given thereunder;
(b) ascertaining whether or not circumstances exist which would authorise or require any action to be taken under this Part of this Act.
(2) If it is shown to the satisfaction of a justice of the District Court on sworn information in writing—
(a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry into the premises for any such purpose as aforesaid, such justice may by warrant under his hand authorise an authorised officer to enter the premises, if need be by force, but such warrant shall not be issued unless such justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(3) An authorised officer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(5) If any person who in compliance with the provisions of this section or of a warrant issued thereunder is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in the factory, workshop or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds or at the discretion of the court to imprisonment for a term not exceeding twelve months.
(6) If any person obstructs or interferes with an authorised officer in the exercise of any right conferred on such officer by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
(7) Each of the following persons shall be an authorised officer for the purposes of this section, that is to say:—
(a) a factory inspector;
(b) a mines inspector;
(c) any person authorised in writing by the Minister to exercise the powers conferred on an authorised officer by this section.
Provisions as to practice of dimming lights by local authorities.
56.—Nothing in any enactment requiring a local authority to cause the whole or any part of its area to be lighted shall render it unlawful for such authority to cause the lights in highways and public places in the whole or any part of its area to be dimmed or extinguished for the purpose of—
(a) training or exercising any persons in respect of air-raid precautions; or
(b) testing devices for enabling movement of traffic to continue in unlighted streets
PART V.
Miscellaneous Provisions.
Requisition of premises by the Commissioners of Public Works in Ireland.
57.—(1) Whenever it appears to the Minister that, in view of the imminence of an emergency involving the possibility of an attack from the air, it is expedient so to do, he may by order under this sub-section declare that the provisions of sub-section (3) of this section shall come into operation and whenever any such order is made the provisions of sub-section (3) of this section shall come into force and remain in force until such order is revoked.
(2) The Minister may by order under this sub-section revoke any order made under the immediately preceding sub-section.
(3) The Commissioners of Public Works in Ireland (in this section referred to as the Commissioners) may take and retain possession of any premises which in the opinion of the Commissioners should, in order to meet the emergencies of the situation which would arise in the event of hostile attack from the air, be rendered available for use by any Minister of State or other persons acting on behalf of the State in a civil capacity.
(4) Where the Commissioners are authorised by the immediately preceding sub-section to take possession of any premises the Commissioners may for the purpose of taking such possession remove or require the occupier to remove any property which is in those premises, and may take such other steps as may be necessary for putting those premises in a condition which will enable them to be used for the purpose intended.
(5) If—
(a) the occupier of any premises refuses to move from such premises any property when required to do so by the Commissioners under the immediately preceding sub-section, or
(b) any person obstructs or interferes with any person acting on behalf of the Commissioners in the exercise of the powers conferred on them under this section,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
(6) Where possession is taken of any premises under this section there shall be paid out of moneys provided by the Oireachtas such compensation to such persons as the Oireachtas may hereafter determine.
State grants in respect of provision of air-raid shelter by certain employers.
58.—(1) Subject to the provisions of this section there shall be paid out of moneys provided by the Oireachtas to every person who incurs expenses of a capital nature in providing or securing the provision of, in any county borough or in a scheduled urban area, within the meaning of Part II of this Act, air-raid shelter of a type approved by the Minister for persons employed by such person (otherwise than in a building wholly or mainly occupied as a school, college, hotel, restaurant, club, place of public entertainment or amusement, hospital or nursing home), a grant equal to the appropriate proportion of so much of those expenses as the Minister considers reasonable.
(2) In sub-section (1) of this section—
the expression “persons employed” does not include—
(a) persons employed as domestic servants.
(b) persons otherwise employed in or for so much of a building as is used for domestic purposes;
the expression “the appropriate proportion” means an amount in the pound equal to the standard rate of income-tax for the year beginning on the 6th day of April, 1939.
(3) No grant shall be paid under this section in respect of expenses incurred in providing or securing the provision of air-raid shelter unless either—
(a) the shelter has been provided before the 1st day of January, 1940, or such later date as the Minister, after consultation with the Minister for Finance, may, in any particular case, fix; or
(b) work on the shelter is on the 31st day of December, 1939, in progress, and the Minister is satisfied that the shelter will be provided within a reasonable time thereafter;
and no expenses shall be deemed for the purposes of this section to be reasonable in so far as they exceed such standard as may be prescribed by regulations (which the Minister is hereby authorised to make) made by the Minister with the consent of the Minister for Finance, unless they were incurred in circumstances so prescribed.
Relief of air-raid protection works from rates.
59.—(1) The following provisions of this section shall have effect so as to provide for relief from rates in respect of certain works undertaken with a view to the protection of persons and property from injury or damage in the event of attack from the air (in this section referred to as “air-raid protection”).
(2) In ascertaining under the Valuation Acts the valuation of a hereditament, no regard shall be had-—
(a) to any room or other part of the hereditament which has been added at any time after the hereditament was first assessed or was included in the hereditament before it was assessed, solely for the purpose of affording air-raid protection and which is not occupied or used for any other purpose;
(b) to any structural alterations or improvements to the hereditament (not being the addition of any such room or other part as aforesaid) made at any time after the hereditament was first assessed solely for the purpose of affording air-raid protection.
(3) No person shall in respect of any period be liable to pay rates in respect of a hereditament which is intended to be occupied and used solely for the purpose of affording air-raid protection, and which is not occupied or used for any other purpose, or be deemed to be in occupation thereof for rating purposes, and notwithstanding anything in the Valuation Acts no such hereditament shall be included in any rate made in respect of any period.
(4) The fact of any such room or other part of a hereditament as is referred to in paragraph (a) of sub-section (2) of this section, or of any such hereditament as is referred to in the last foregoing sub-section, having been occupied or used for any purpose other than that of affording air-raid protection shall, for the purpose of the Valuation Acts, be a reason affecting the valuation of the hereditament.
Provision by the Minister of services, training and air-raid precautions equipment.
60.—(1) The Minister with the concurrence of the Minister for Finance may, out of moneys provided by the Oireachtas, provide such services, train such persons, and acquire such air-raid precautions equipment, as he considers necessary for the purposes of affording protection to persons and property in the event of attack from the air, and lend, supply free of charge or sell any such equipment.
(2) This section shall be deemed to have come into operation on the 31st day of March, 1937.
Regulations as to storage, etc., of air-raid precautions equipment.
61.—(1) The Minister may, with the concurrence of the Minister for Finance make regulations in relation to all or any of the following matters, that is to say:—
(a) the storage of air-raid precautions equipment acquired by him under this Act, and lent or supplied free of charge (whether before or after the passing of this Act);
(b) the loan, supply free of charge, and sale of such equipment.
(2) If any person contravenes (whether by act or omission) any provision in any regulations made under this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
Penalty for damaging air-raid precautions equipment.
62.—(1) If any person wilfully damages or causes or permits to be damaged any air-raid precautions equipment, which is lent or supplied to him free of charge under this Act or which is under his control for the purposes of this Act, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, and, in addition to such fine, to pay to the Minister such sum as the court thinks just for the purpose of making good any such damage.
(2) Any moneys paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
Regulation of importation and sale of air-raid precautions equipment.
63.—(1) The Minister may, whenever and so often as he thinks fit, by order do either or both of the following things, that is to say:—
(a) regulate (including prohibit) the importation of any article (being an article of air-raid precautions equipment) specified in such order, in such manner as the Minister thinks proper;
(b) regulate (including prohibit) the sale of any article (being an article of air-raid precautions equipment) specified in such order, in such manner as he thinks proper.
(2) The Minister may by order revoke or amend any order made by him under this section (including this sub-section).
(3) If any person contravenes or attempts to contravene any provision contained in an order made under this section and for the time being in force such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
(4) Articles prohibited to be imported by an order made under this section shall be deemed to be included amongst the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.
(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
Compensation in the event of injury to persons engaged in air-raid precautions activities.
64.—(1) This section applies to personal injuries sustained in the course of being trained or exercised or of training or exercising others, in respect of air-raid precautions, being injuries sustained in time of peace by such persons and in such circumstances as may be specified in a scheme made under sub-section (2) of this section.
(2) The Minister for Finance may make a scheme providing for the payment out of moneys provided by the Oireachtas to, or to the dependants of, persons who suffer injuries to which this section applies of such periodical or lump sums as may be specified in the scheme.
(3) A scheme under sub-section (2) of this section may be revoked or varied by a subsequent scheme made thereunder.
(4) Where any injury to which this section applies is sustained by any person, no compensation or damages shall be payable in respect of that injury, whether under any Act, or at common law, by the employer of the injured person or by any person who is training or exercising, or being trained or exercised together with, the injured person.
(5) In this section the expression “personal injury” includes any personal injury resulting in death.
Removal of pictures from the National Gallery.
65.—The Governors and Guardians of the National Gallery of Ireland may with the object of protecting pictures in the National Gallery of Ireland from injury by attack from the air remove from the National Gallery such pictures or any of them to such place or places as they think fit and keep any pictures so removed at such place or places for such period as they think fit.
SCHEDULE.
Scheduled Urban Areas.
The Urban District of Bray.
The Urban District of Cobh.
The Borough of Drogheda.
The Urban District of Dundalk.
The Borough of Dun Laoghaire.
The Borough of Wexford.