No. 184/1940:

AIR-RAID PRECAUTIONS EQUIPMENT (STORAGE AND LOAN) REGULATIONS, 1940.

AIR-RAID PRECAUTIONS EQUIPMENT (STORAGE AND LOAN) REGULATIONS, 1940.

I, SEÁN MOYLAN, Parliamentary Secretary to the Minister for Defence, in exercise of the powers conferred on the Minister for Defence by section 61 of the Air-Raid Precautions Act, 1939 (No. 21 of 1939), and delegated to me under section 6 of the Emergency Powers Act, 1939 (No. 28 of 1939), and of every and any other power me in this behalf enabling, do hereby, with the concurrence of the Minister for Finance testified by his signature hereto, make the following regulations, that is to say :—

1.—These Regulations may be cited as the Air-Raid Precautions Equipment (Storage and Loan) Regulations, 1940.

2.—In this Order—

the expression " the Minister " means the Minister for Defence ;

the word " equipment " means air-raid precautions equipment.

3.—These Regulations apply to equipment acquired by or on behalf of the Minister and lent by him to any person.

4.—Equipment is lent for the following purposes, that is to say—

(a) to facilitate the instruction of persons as to air-raid precautions and for their protection in the event of hostile attack from the air,

(b) for the protection of property in the event of hostile attack from the air,

(c) for the equipment of public services affording such protection and of persons serving in such public services and for the instruction and training of those persons.

5.—Where the Minister has by directions confined the use of any equipment to any purpose it shall not be used for any other purpose.

6.—All equipment lent by the Minister shall be returned to him without delay on receipt of an application by or on behalf of the Parliamentary Secretary to the Minister for Defence for its return. Where the return of equipment is required in consequence of contravention or failure to comply with any provision of these Regulations the cost of return of the equipment shall be defrayed by the person or persons to whom the equipment was lent.

7.—The person or persons to whom the equipment is lent shall be responsible for its safe custody and for its maintenance and storage with due care. Where any relevant instructions have been issued by the Minister, such custody, maintenance and storage shall be in accordance therewith.

8.—All equipment shall be made available for inspection at all reasonable times by the Minister or any person authorised by him.

9.—Any loss of or damage to equipment shall be reported to the Minister without delay together with all details of the circumstances in which such loss or damage occurred.

10.—Where any equipment is consumed, damaged or lost owing to causes which in the opinion of the Minister cannot be considered as due to fair wear and tear of the equipment while on authorised use, such loss or damage shall be made good to the satisfaction of, and in the manner indicated by, the Minister, by the person or persons to whom the equipment was lent.

11.—The cost of replacement of, and repairs to, equipment made as a result of consumption, loss or damage, which in the opinion of the Minister is due to fair wear and tear of the equipment while on authorised use, shall be paid out of moneys provided by the Oireachtas.

12.—Equipment shall be used with all practicable care and economy.

13.—(1) Every local authority to which equipment is lent shall keep a record—

(a) of equipment furnished to such authority and the date at which and the authority or person from whom it was received ;

(b) of equipment distributed to members of the public ;

(c) in the case of equipment other than equipment distributed to members of the public—

(i) of equipment which is not in use and of the places where it is stored or kept ;

(ii) of equipment which is in use and of the service by which it is being used or, in the case of equipment not used by a service, of the purpose for which it is used ; and

(iii) of equipment which has been consumed, damaged or lost ;

(d) of equipment which has been returned to the Minister, and of the date of such return ;

(e) of such other particulars as the Minister may direct.

(2) Every local authority shall permit at all times any person authorised in that behalf by the Minister to inspect the record kept by it under this Regulation.

(3) Every local authority shall, at such time or times as the Minister may direct, make a report to the Minister giving such particulars as he may direct of any matter, particulars of which are required to be recorded in the record kept by such local authority under this Regulation.

14.—Equipment shall be distributed to members of the public by a local authority in accordance with the directions of the Minister and not otherwise.

15.—As regards equipment lent to a local authority which has not been distributed to members of the public, such local authority shall, in the case of equipment in use take all proper measures to secure that it is not retained by a person serving in any public service except in conformity with directions given by the Minister in that behalf and, where equipment is so retained, it is returned to such local authority on demand or in any case on that person ceasing so to serve.

16.—A local authority, if and to such extent as the Minister directs, shall repair, or make arrangements for the repair of equipment lent to it.

17.—A local authority, shall cause equipment lent to it, other than equipment which has been distributed to members of the public, to be inspected by a competent person—

(a) at suitable intervals with a view to ascertaining whether the equipment has become damaged or defective, and

(b) at intervals of not more than twelve months with a view to ascertaining what equipment is in its possession or control.

18.—(1) Fire-fighting equipment which is lent by the Minister to a local authority for training purposes or for the purpose of protection of persons and property from injury or damage from fire in the event of hostile attack from the air, may, with the prior approval of the Minister, be used for extinguishing fires in peace time in exceptional circumstances when the use of such equipment is necessary to save life or property and the appliances provided by such local authority are insufficient or not readily available.

(2) Regulation 11 shall not apply to replacements and repairs due to loss or damage caused by the use of equipment in the manner permitted by this Regulation.

GIVEN under my hand this 24th day of June, 1940.

SEÁN MOYLAN,Parliamentary Secretary to the

Minister for Defence.

I concur in the foregoing Regulations.

SEAN T. Ó CEALLAIGH,

Minister for Finance.