S.I. No. 300/1938 - Petty Sessions (Ireland) Act, 1851, Adaptation Order, 1938.


STATUTORY RULES AND ORDERS. 1938. No. 300.

PETTY SESSIONS (IRELAND) ACT, 1851, ADAPTATION ORDER, 1938.

WHEREAS it is enacted by sub-section (1) of Section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), as adapted by virtue of the general adaptation made by the Act next hereinafter recited in consequence of the coming into operation of the Constitution, that the Government 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 Government, are necessary in order to enable such statute to have full force and effect in Ireland :

AND WHEREAS it is enacted by sub-section (1) of Section 5 of the Constitution (Consequential Provisions) Act, 1937 (No. 40 of 1937), that for the purpose of ensuring that the laws in force in Saorstát Eireann immediately prior to the date of the coming into operation of the Constitution shall continue to be of full force and effect in accordance with and to the extent provided by Article 50 of the Constitution, the Government may by order make all such general or specific adaptations and modifications of any statute continued in force by the said Article 50 as shall, in the opinion of the Government, be necessary for the purpose aforesaid :

AND WHEREAS the Petty Sessions (Ireland) Act, 1851, is a British statute within the meaning of the Adaptation of Enactments Act, 1922 , and the adaptations made by this Order in the said Petty Sessions (Ireland) Act, 1851, are, in the opinion of the Government, necessary in order to enable that Act to have full force and effect in Ireland :

AND WHEREAS the said Petty Sessions (Ireland) Act, 1851, was in force in Saorstát Eireann immediately prior to the date of the coming into operation of the Constitution and the adaptations made by this Order in that Act are, in the opinion of the Government, necessary for the purpose of ensuring that the said Act shall continue to be of full force and effect in accordance with and to the extent provided by Article 50 of the Constitution :

NOW, the Government, in exercise of the powers conferred on them by Section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and Section 5 of the Constitution (Consequential Provisions) Act, 1937 (No. 40 of 1937), respectively and of every and any other power them in this behalf enabling, do hereby order as follows :—

1. This Order may be cited as the Petty Sessions (Ireland) Act, 1851, Adaptation Order, 1938.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. Sections 29 and 31 of the Petty Sessions (Ireland) Act, 1851, shall be construed and have effect as if the references therein contained to the Inspector General of Constabulary and the Deputy Inspectors General of Constabulary were references respectively to the Commissioner of the Gárda Síochána and the Deputy Commissioners of the Gárda Síochána.

DUBLIN,

This 30th day of December, 1938.