Garda Síochána Act, 1937

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Number 5 of 1937.

GARDA SIOCHANA ACT, 1937.

ARRANGEMENT OF SECTIONS

Number 5 of 1937.

GARDA SIOCHANA ACT, 1937.

AN ACT TO ESTABLISH THE VALIDITY OF THE ADMISSION OF CERTAIN PAST AND PRESENT MEMBERS OF THE GARDA SIOCHANA WHO DULY MADE THE DECLARATION OF FIDELITY FOR THE TIME BEING REQUIRED BY LAW TO BE MADE BY SUCH MEMBERS. [26th February, 1937.]

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

Construction of certain expressions.

1.—(1) In this Act the expression “member of the Gárda Síochána” does not include an officer of the Gárda Síochána.

(2) References in this Act to admission to membership of the Gárda Síochána shall be construed as meaning enrolment and appointment as a member of the Gárda Síochána.

Validity of admission of members of the Gárda Síochána.

2.—(1) Where a person who served as a member of the Gárda Síochána at any time before the passing of this Act (whether he is or is not so serving at the passing of this Act),—

(a) was admitted or purported to be admitted as such member before any regulations in relation to the admission, appointment, and enrolment of members of the Gárda Síochána had been made under section 18 of the Gárda Síochána (Temporary Provisions) Act, 1923 (No. 37 of 1923), or before any such regulations made under that section had come into force, and

(b) duly made and subscribed in accordance with section 6 of the said Act the declaration mentioned in that section,

the admission or purported admission of such person to be a member of the Gárda Síochána shall not be invalid or be questioned merely on the ground that no such regulations had been so made or had so come into force when such person was so admitted or purported to be admitted.

(2) Where a person who served as a member of the Gárda Síochána at any time before the passing of this Act (whether he is or is not so serving at the passing of this Act) has, before the date of such passing, either—

(a) made and subscribed, in accordance with section 6 of the Gárda Síochána (Temporary Provisions) Act, 1923 (No. 37 of 1923), the declaration mentioned in that section, or

(b) made and subscribed, in accordance with section 5 of the Gárda Síochána Act, 1924 (No. 25 of 1924), the declaration mentioned in that section, or

(c) made and subscribed, in accordance with section 11 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), the declaration mentioned in that section,

the admission or purported admission of such person to be a member of the Gárda Síochána shall not be invalid or be questioned merely on the ground that such person, at the time of his said admission or purported admission, did not possess the qualifications for admission to membership of the Gárda Síochána prescribed by the relevant regulations in relation to the admission, appointment, and enrolment of members of the Gárda Síochána made under the said Gárda Síochána (Temporary Provisions) Act, 1923 , or made or continued under the said Gárda Síochána Act, 1924 , and the said Police Forces Amalgamation Act, 1925 , or either of those Acts, or that his said admission was otherwise contrary to such regulations.

Short title and citation.

3.—(1) This Act may be cited as the Gárda Síochána Act, 1937.

(2) The Gárda Síochána (Temporary Provisions) Act, 1923 (No. 37 of 1923), the Gárda Síochána Act, 1924 (No. 25 of 1924), the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and this Act may be cited together as the Gárda Síochana Acts, 1923 to 1937.