No. 29/1939:

PUBLIC HOSPITALS (AMENDMENT) (No. 2) ACT, 1939

ARRANGEMENT OF SECTIONS

1 the Principal Act.

2 Definitions.

3 Holding of sweepstakes by the Society.

4 Contents of schemes submitted by the Society.

5 Statements on books of tickets.

6 Application of proceeds of sweepstakes.

7 Application of certain taxing enactments.

8 Exclusion of the Public Hospitals (Amendment) Act, 1939.

9 Short title, construction, and collective citation.

AN ACT TO ENABLE THE IRISH RED CROSS SOCIETY TO RAISE FUNDS BY MEANS OF SWEEPSTAKES AND DRAWINGS OF PRIZES HELD UNDER THE PUBLIC HOSPITALS ACTS, 1933 TO 1939, AND TO AMEND AND APPLY FOR THAT PURPOSE PORTIONS OF THOSE ACTS, AND TO APPLY SECTION 50 of THE FINANCE ACT, 1932 , TO SUCH SWEEPSTAKES.

[26th October, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act the expression "the Principal Act" means the Public Hospitals Act, 1933 (No. 18 of 1933), as adapted in consequence of the enactment of the Constitution.

(2) Every word and expression to which a particular meaning is given by or in the Principal Act for the purposes of that Act has in this Act (unless otherwise provided by this Act) the meaning so given to it.

2.—In this Act—

the expression "the Society" means the Irish Red Cross Society;

the expression "foreign society" means a society or organisation in a country other than Ireland which has objects or functions similar or analogous to those of the Society;

the expression "the present European war" means the armed conflict which, at the passing of this Act, is being waged between certain European powers.

3.—(1) Whenever, during the continuance of the present European war, the Society desires to hold a sweepstake under the Principal Act as applied by this Act, the Society may appoint a sweepstake committee under sub-section (1) of section 5 of the Principal Act, and thereupon sections 1 to 13 (except sub-section (6) of section 5, paragraph (a) of section 6, sub-section (1) of section 10, and sub-section (1) of section 12) of the Principal Act shall apply and have effect subject to the next following, sub-section of this section.

(2) For the purpose of the application in pursuance of the foregoing sub-section of this section of the portions of the Principal Act mentioned in that sub-section, the following provisions shall apply and have effect in relation to the interpretation and construction of the said portions of the Principal Act when so applied, that is to say:—

( a ) the expression "sweepstake committee" shall mean a sweepstake committee appointed by virtue of this section by the Society;

( b ) the word "organisers" shall mean the Society;

( c ) the expression "this Act" shall mean the Principal Act (so far as applied by this present Act) and this Act;

( d ) the reference in sub-section (2) of section 12 of the Principal Act to the amount paid in pursuance of that section to the National Hospitals Trustees shall, notwithstanding anything contained in the Public Hospitals (Amendment) Act 1938 , (No. 21 of 1938), be construed and have effect as a reference to the amount paid under this Act to the Society.

4.—A scheme submitted, in pursuance of section 6 of the Principal Act as applied by this Act, by the Society to the Minister for Justice shall (in addition to the matters required by the said section 6 as so applied) state either that the whole of the money paid to the Society in respect of the sweepstake to which such scheme relates will be retained by the Society for its own purposes or that part only of the said money will be so retained and the residue thereof will be paid to foreign societies and, in the latter case, shall also either state the proportions in which the said money will be so retained and so paid or indicate the manner in which such proportions will be ascertained.

5.—Every book of tickets in a sweepstake held by the Society by virtue of this Act shall have clearly printed thereon a statement that such sweepstake is being held under the Public Hospitals Acts, 1933 to 1939, and may also have printed thereon a statement to the effect that such sweepstake is being held for the benefit of the Society and (if such is the fact) the benefit of foreign societies.

6.—(1) The balance of the moneys received from the sale of tickets in a sweepstake held by the Society by virtue of this Act remaining after paying or providing for the prizes distributed in such sweepstake, the expenses incurred in holding such sweepstake, and any duty or tax chargeable in respect of such balance shall be paid to the Society.

(2) Moneys paid to the Society in pursuance of the foregoing sub-section of this section in respect of a sweepstake shall be applied by the Society in accordance with the provisions in that behalf contained in the scheme sanctioned by the Minister for Justice in respect of such sweepstake.

(3) It shall be lawful for the Society, where the scheme sanctioned by the Minister for Justice in respect of a sweepstake held by the Society by virtue of this Act so provides, to pay to foreign societies, in accordance with such scheme portion of the moneys paid in pursuance of the first sub-section of this section to the Society in respect of such sweepstake.

7.—A sweepstake held by the Society by virtue of this Act shall be deemed, for the purposes and within the meaning of section 41 of the Finance Act, 1933 (No. 15 of 1933), to be held under the Principal Act, and accordingly Section 50 of the Finance Act, 1932 (No. 20 of 1932), shall apply by virtue of the said section 41 to every such sweepstake.

8.—The Public Hospitals (Amendment) Act, 1939 (No. 15. of 1939), shall not apply or have effect in relation to a sweepstake held by the Society by virtue of this Act.

9.—(1) This Act may be cited as the Public Hospitals (Amendment) (No. 2) Act. 1939.

(2) The Public Hospitals Acts, 1933 to 1939, and this Act shall be construed together.

(3) For the purposes of collective citation, the expression "the Public Hospitals Acts, 1933 to 1939," shall include this Act.