Intoxicating Liquor Act, 1943
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Amendment of sections 48 and 49 of the Act of 1927. |
17.—(1) In this section the expression “1942 order” means a final apportionment order under section 48 of the Act of 1927 for the year 1942. | |
(2) Every 1942 order shall, as regards the compensation annuity to which such order relates, be deemed to be the final apportionment order under section 48 of the Act of 1927 for each of the years subsequent to the year 1942. | ||
(3) For the purposes of the application of a 1942 order in relation to a year subsequent to 1942, the following provisions shall have effect, that is to say:— | ||
(a) the 1942 order shall, as regards the year in question, be deemed to have become final under the Act of 1927 on the 15th day of September in the said year; | ||
(b) where any licence, by reference to which an amount mentioned in the 1942 order is apportioned, has terminated on or after the 2nd day of July in the year preceding the said year and before the 1st day of July in the said year, the mention in the 1942 order of such amount and of the person on whom it is apportioned shall be deemed to be deleted; | ||
(c) subject to the provisions of paragraph (b) of this sub-section, every mention in the 1942 order in relation to any particular premises, of a person not the holder, on the 1st day of July in the said year, of the licence in respect of those premises shall be construed as a mention of the person who, on the said 1st day of July, was the holder of such licence, and the latter person shall be regarded for the purposes of section 49 of the Act of 1927 as the person on whom the amount mentioned in the 1942 order in respect of those premises is apportioned for the said year; | ||
(d) the Minister shall not, for the said year, carry out in relation to the compensation annuity to which the 1942 order relates the functions imposed on him by section 48 of the Act of 1927; | ||
(e) no objection shall be capable of being made in the said year in relation to the 1942 order under sub-section (4) of section 48 of the Act of 1927. | ||
(4) A final apportionment order made under section 48 of the Act of 1927 and apportioning a compensation annuity commencing in a year subsequent to the year 1942 may, with the consent of the Minister for Finance, contain a declaration that such order shall, as regards such annuity, be deemed to be the final apportionment order under section 48 of the Act of 1927 for each of the years subsequent to the year in which such order is made. | ||
(5) Where an order contains a declaration under sub-section (4) of this section— | ||
(a) such declaration shall have the force of law in accordance with its terms; | ||
(b) the provisions contained in sub-section (3) of this section shall, in relation to years subsequent to that in which such order was made, have effect as if such order were a 1942 order. | ||
(6) The Minister for Finance may, by requisition in writing communicated to the Minister before the 1st day of June in any year, require the Minister to make under section 48 of the Act of 1927 an apportionment order in respect of any compensation annuity payable in that year, and, upon any such requisition being so communicated to the Minister, the following provisions shall apply and have effect, that is to say:— | ||
(a) the Minister shall make, under and in accordance with the said section 48, a draft apportionment order in respect of the said compensation annuity for the said year and shall so comply with the said section 48 that such draft apportionment order (with or without amendment) shall in due course become and be final by virtue of sub-section (6) of the said section; | ||
(b) notwithstanding anything contained in the foregoing provisions of this section, the apportionment order so made shall, on becoming final as aforesaid, be the final apportionment order under the said section 48 in respect of the said compensation annuity for the said year and for every succeeding year, until another requisition is made under this section by the Minister for Finance in relation to the said compensation annuity; | ||
(c) the provisions contained in sub-section (3) of this section shall, in relation to years subsequent to the said year (until another requisition is made as aforesaid), have effect as if the apportionment order so made were a 1942 order. | ||
(7) In this section the expression “the Minister” means the Minister for Justice. |