No. 28/1946:

AIR-RAID PRECAUTIONS (AMENDMENT) ACT, 1946

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Principal Act.

3 Amendment of section 34 the Principal Act.

4 Amendment of section 35 of the Principal Act.

5 Amendment of section 64 the Principal Act.

6 Issse of medical stores to Hospitals.

7 Provision of air-raid precautions by hospitals.

8 Repeal.

9 Short title, commencement and collective, citation.

AN ACT TO AMEND AND EXTEND THE AIR-RAID PRECAUTIONS ACT, 1939 .

[4th December, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Principal Act" means the Air-raid Precautions, Act, 1939 (No. 21 of 1939);

the expression "the Minister" means the Minister for Defence.

(2) This Act shall be construed as one with the Principal Act.

2.—Section 28 of the Principal Act is hereby amended by the insertion at the end thereof of the following additional subsection—

"(3) ( a ) In addition to the duties mentioned in subsection (1) of this section, it shall be the duty of every local authority, its officers and servants to perform such duties in connection with the transference of members of the civil population and their accommodation, maintenance, and welfare as the Minister, after consultation with the Minister for Local Government and Public Health, may direct, and a local authority may for this purpose incur expenditure.

( b ) Where a local authority incurs expenditure under paragraph (a) of this subsection, such expenditure shall be recouped, out of moneys provided by the Oireachtas, to such extent as the Minister, with the consent of the Minister for Finance, may determine.

( c ) No grant shall be made under section 35 of this Act in respect of expenditure incurred by a local authority under paragraph (a) of this subsection.".

3.—Subsection (4) of section 34 of the Principal Act is hereby amended by the substitution of the words "off any borough" for the words "of any borough".

4.—Section 35 of the Principal Act is hereby amended by the insertion at the end thereof of the words "or, in the case of any such approved expenditure which is expenditure on the provision of food and rest centres, grants not exceeding the amount thereof".

5.—(1) Section 64 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1), that is to say—

"(1) This section applies to personal injuries sustained, while the State is not engaged in any war, by authorised members of an air-raid precautions service, established under a scheme approved by the Minister under section 13 or section 38 of this Act, while being trained or exercised or training or exercising others in the duties of such service or while otherwise on duty as such members".

(2) The Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (S. R. & O., No. 319 of 1942), as amended by the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (First Amendment) Scheme, 1943 (S. R. & O., No. 415 of 1943), (which said Schemes were made under section 64 of the Principal Act, as amended by the Emergency Powers (No. 99) Order, 1941 (S. R. & O., No. 340 of 1941)), shall continue in force and have effect as if made under section 64 of the Principal Act, as amended by subsection (1) of this section.

(3) The expression "public moneys" where it occurs in the Military Service Pensions Acts, 1924 to 1945, shall be construed as not including any moneys payable under a scheme made under section 64 of the Principal Act, as amended by subsection (1) of this section.

6.—(1) In this section the expression "medical stores" means articles which are—

( a ) drugs, or

( b ) surgical dressings, or

( c ) equipment for use in hospitals.

(2) ( a ) The Minister may, after consultation with the Minister for Local Government and Public Health, from time to time issue to the governing body of any hospital any medical stores which he has at his disposal.

( b ) Where medical stores are issued to the governing body of a hospital under this subsection, such governing body shall accept such medical stores.

(3) The following provisions shall have effect in relation to any medical stores issued (whether before, on, or after the 2nd day of September, 1946) by the Minister to the governing body of a hospital, that is to say—

( a ) such medical stores shall not be used except for such purposes and under such conditions as the Minister may from time to time direct,

( b ) such governing body shall be responsible for the safe custody of such medical stores and for their storage with due care, and, where instructions are given by the Minister with regard to the custody and storage of such medical stores, such governing body shall comply with the instructions,

( c ) such governing body shall, if so required by the Minister, return to the Minister such medical stores or any specified part thereof,

( d ) such governing body shall, at the request of any person authorised by the Minister, afford such person all facilities for inspecting such medical stores,

( e ) if such medical stores are lost or become damaged or defective such governing body shall report the fact without delay to the Minister together with details, of the circumstances in which such loss, damage or defect occurred,

( f ) such governing body shall cause such medical stores to be inspected by a registered medical practitioner in their service periodically and at such other times as the Minister may direct, with a view to ascertaining the quantity for the time being in their possession or whether such medical stores have become damaged or defective.

(4) If, on or after the date of the passing of this Act, the governing body of any hospital fails to comply with any of the obligations imposed on it or to perform any of the functions assigned to it by or under this section, such governing body shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and if the failure, in respect of which such governing authority was so convicted, continues after the conviction, such governing body shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the offence continues.

(5) If, on or after the date of the passing of this Act, any officer or servant of the governing body of a hospital fails to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by the governing body for the purposes of this section, such officer or servant shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) The provisions of this section shall have effect notwithstanding anything to the contrary which may be contained in any Act, order, bye-law or charter.

(7) Where the governing body of a hospital incurs expenditure for the purpose of this section, such expenditure shall be recouped, out of moneys provided by the Oireachtas, to such extent as the Minister, with the consent of the Minister for Finance, may determine.

7.—(1) In this section—

the expression "hospital to which this section applies" means any hospital within the meaning of the Public Hospitals Act, 1933 (No. 18 of 1933), which is situate in, or not more than one statute mile from, a county borough or a scheduled urban area;

the expression "controlling authority" means, in relation to a hospital to which this section applies, the local authority, board, committee or joint committee, or other body having the control and management of the hospital.

(2) Where the controlling authority of a hospital to which this section applies incurs expenditure in making provision for the protection of the hospital, its patients, or its staff from damage or injury in the event of attack from the air or for the minimising of such damage or injury, such expenditure may be recouped, out of moneys provided by the Oireachtas, to such extent (not exceeding one-third of such expenditure) as the Minister, with the consent of the Minister for Finance, may determine.

(3) ( a ) Where a recoupment is made under subsection (2) of this section in respect of expenditure incurred by the controlling authority of a hospital to which this section applies, the scheme-making local authority within whose functional area the hospital is situate shall contribute towards such expenditure an amount equal to the amount of the recoupment.

( b ) Subsections (3), (4), (5) and (6) of section 34 of the Principal Act shall apply to expenses incurred under this subsection in like manner as the said subsections apply to expenses incurred under Part II of the Principal Act.

(4) No grant shall be made under section 35 of the Principal Act in respect of any expenditure to which a contribution is made under subsection (2) of this section.

8.—Section 29 of the Principal Act is hereby repealed.

9.—(1) This Act may be cited as the Air-raid Precautions (Amendment) Act, 1946 .

(2) This Act (except section 2) shall be deemed to have come into operation on the 2nd day of September, 1946.

(3) The Principal Act and this Act may be cited together as the Air-raid Precautions Acts, 1939 and 1946.