Executive Powers (Consequential Provisions) Act, 1937

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Number 20 of 1937.

EXECUTIVE POWERS (CONSEQUENTIAL PROVISIONS) ACT, 1937.

ARRANGEMENT OF SECTIONS

Number 20 of 1937.

EXECUTIVE POWERS (CONSEQUENTIAL PROVISIONS) ACT, 1937.

AN ACT TO MAKE DIVERS AMENDMENTS OF THE LAW WHICH ARE CONSEQUENTIAL ON OR HAVE BEEN RENDERED NECESSARY OR EXPEDIENT BY THE AMENDMENTS OF THE CONSTITUTION EFFECTED BY THE CONSTITUTION (AMENDMENT No. 27) ACT, 1936, AND TO MAKE SPECIAL PROVISION IN RELATION TO THE LAST HOLDER OF THE OFFICE OF GOVERNOR-GENERAL. [8th June, 1937.]

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

Definitions.

1.—In this Act—

the expression “the Principal Act” means the Constitution (Amendment No. 27) Act, 1936 (No. 57 of 1936);

the word “statute” means an Act which—

(a) was passed by the Oireachtas before the Principal Act, or

(b) was passed by the Parliament of the former United Kingdom of Great Britain and Ireland and has the force of law in Saorstát Eireann, or

(c) was passed by a Parliament sitting in Ireland at any time before the coming into operation of the Union with Ireland Act, 1800;

the word “charter” means a charter, letters patent, warrant, or other like instrument granted, made, or issued by the King in exercise of a prerogative power and having the force of law in Saorstát Eireann;

the word “King” includes Queen.

Transfer of certain powers, etc., to the Executive Council.

2.—(1) Every power, function, duty, and jurisdiction which, immediately before the passing of the Principal Act, was, by any means whatsoever, capable of being exercised or required to be performed by the King or by the Representative of the Crown (whether on advice, nomination, appeal, or other communication or without any such communication) shall be and be deemed to have been, as from the passing of the Principal Act, transferred to and (as the case may be) capable of being exercised by or required to be performed by the Executive Council, save where and in so far as the exercise or performance of such power, function, duty, or jurisdiction is, by virtue of an amendment of the Constitution effected by the Principal Act or by virtue of the Executive Authority (External Relations) Act, 1936 (No. 58 of 1936), conferred or imposed on some other person.

(2) Every reference in any statute, charter, order, warrant, regulation, or other instrument having the force of law and passed, granted, or made before the passing of the Principal Act to a power, function, duty, or jurisdiction transferred by this section shall, in relation to any exercise or performance of such power, function, duty or jurisdiction after the passing of the Principal Act (whether before or after the passing of this Act) be construed and have effect as a reference to an exercise or performance (as the case may be) of such power, function, duty, or jurisdiction by the Executive Council.

Amendment of section 99 of the Courts of Justice Act, 1924.

3.—(1) So much of section 99 of the Courts of Justice Act, 1924 (No. 10 of 1924), as require the declaration prescribed by that section to be made and subscribed by the Chief Justice in the presence of the Governor-General is hereby repealed as from the passing of the Principal Act, and in lieu thereof it is hereby enacted that, from and after the passing of the Principal Act, the said declaration shall be made and subscribed and shall be deemed as from such passing to have been authorised and required to be made and subscribed by the Chief Justice in open court in the presence of two or more of the ordinary judges of the Supreme Court.

(2) The words “in the manner aforesaid” contained in the last paragraph of the said section 99 shall, in relation to the Chief Justice, be construed and have effect and be deemed to have had effect, as from the passing of the Principal Act, as referring to the manner prescribed by the foregoing sub-section of this section.

Repeal of the Governor-General's Salary and Establishment Act, 1923.

4.—(1) The Governor-General's Salary and Establishment Act, 1923 (No. 14 of 1923), is hereby repealed as on and from the date of the passing of the Principal Act and shall be deemed for all purposes to have ceased on that date to have effect.

(2) As soon as conveniently may be after the passing of this Act, there shall be paid, out of moneys provided by the Oireachtas, to Donal Buckley, being the person who held the office of Governor-General immediately before the passing of the Principal Act, the following sums in full satisfaction and discharge of all claims by him under the Governor-General's Salary and Establishment Act, 1923 (No. 14 of 1923), in respect of any period before or after or partly before and partly after the passing of the Principal Act, that is to say:—

(a) the sum of two thousand pounds, and

(b) such sum as shall be necessary to recoup to the said Donal Buckley all disbursements which were, in the opinion of the Minister for Finance, necessarily or properly made by him in relation to the maintenance of his official residence and the household staff thereof after the passing of the Principal Act or in relation to the closing of such residence and the discharge of such staff.

(3) The yearly sum of five hundred pounds beginning on the date of the passing of the Principal Act shall be charged upon and payable quarterly out of the Central Fund or the growing produce thereof to the said Donal Buckley during his life.

(4) It shall be lawful for the Minister for Finance to defray, out of moneys provided by the Oireachtas, such expenses incurred after the passing of the Principal Act in relation to the establishment of the Governor-General as, in the opinion of the said Minister, were necessarily or properly so incurred and are properly payable out of public moneys.

(5) Every payment made after the passing of the Principal Act and before the passing of this Act which would have been a lawful payment by virtue of this section, if this section had then been in force, shall be deemed for all purposes to have been made under this section and shall be and be deemed always to have been lawful accordingly.

Power of the Executive Council to make adaptations and transfers.

5.—(1) The Executive Council may, by order, whenever they think proper, make in any statute or charter or in any order, warrant, regulation, or other instrument made (before the passing of the Principal Act) under any statute or charter any adaptation or modification which is not inconsistent with any provision of this Act and, in the opinion of the Executive Council, is consequential on the passing of the Principal Act and has become necessary or expedient by reason of such passing.

(2) The Executive Council may by order, whenever they so think proper, transfer to and confer or impose on the Executive Council any power, function, duty or jurisdiction which, immediately before the passing of the Principal Act, was by any means capable of being exercised or required to be performed by the King or by the Representative of the Crown (whether with or without any qualification or restriction) and is not conferred or imposed on the Executive Council by this Act or on any other person by virtue of an amendment of the Constitution effected by the Principal Act or by virtue of the Executive Authority (External Relations) Act, 1936 (No. 58 of 1936).

(3) Every order made by the Executive Council under this section shall have effect according to the tenor thereof, and shall come into operation on such day (whether before, contemporary with, or after the date of such order but not prior in any case to the date of the passing of the Principal Act) as shall be appointed in that behalf by such order and, where the day so appointed is prior to the date of such order, such order shall be deemed for all purposes to have been in operation and had effect as on and from such day.

Power of the Executive Council to transfer functions, etc., to an Executive Minister.

6.—(1) It shall be lawful for the Executive Council, whenever they think proper, to transfer by order to any Executive Minister any power, function, duty, or jurisdiction which is by virtue of this Act or an order made under this Act transferred to and vested in the Executive Council.

(2) Any power, function, duty, or jurisdiction which is transferred under this section by the Executive Council to an Executive Minister may be so transferred, at the discretion of the Executive Council, in whole or in part, and with or without qualification, limitation, or restriction, and as from any date, past or future, but not prior to the date of the passing of the Principal Act.

(3) Every order made by the Executive Council under this section transferring to an Executive Minister a power, function, duty, or jurisdiction shall (subject to any amendment of such order and until such order is revoked) operate to vest in and confer or impose on such Executive Minister, in accordance in all respects with the terms of such order, the exercise or performance of such power, function, duty, or jurisdiction.

(4) The Executive Council may by order, whenever they so think proper, amend or revoke any order made by them under the first sub-section of this section, and any such amendment may be so made with effect from such date, past or future, as the Executive Council shall think proper but no such revocation shall be made as from a date prior to the date of the order making such revocation.

General validation of things heretofore done in consequence of the Principal Act.

7.—Every act or thing which was done after the passing of the Principal Act and before the passing of this Act and the validity of which depends in whole or in part on this Act or an order made under this Act shall be and be deemed always to have been as valid and effective as it would have been if this Act had been passed or such order had been duly made under this Act before such act or thing was so done.

Short title.

8.—This Act may be cited as the Executive Powers (Consequential Provisions) Act, 1937.