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  4. S.I. No. 1/1923 - Railway And Canal Commission (Extension Of Time) Order, 1923.

S.I. No. 1/1923 - Railway And Canal Commission (Extension Of Time) Order, 1923.

WHEREAS by Section 7 of the Adaptation of Enactments Act (No. 2 of 1922) the Executive Council is empowered to establish by Order a Board or Boards of Commissioners to exercise in Saorstát Eireann the functions which were on the 6th day of December, 1921, exerciseable in the area now comprised in Saorstát Eireann by any statutory Board of Commissioners or other statutory body to which the said section applies and which was in existence on the date aforesaid and had jurisdictions, powers and duties extending to the whole of the late United Kingdom or to any part thereof which included the area now comprised in Saorstát Eireann :

AND WHEREAS the Executive Council is further empowered by the said Section 7 to divide the jurisdictions, powers and duties of any such statutory Board of Commissioners or statutory body as aforesaid amongst two or more Boards of Commissioners established under that section :

AND WHEREAS it is provided by the said Section 7 that whenever the Executive Council establishes under that section any Board of Commissioners, the Executive Council shall by the Order establishing such Board apply to such Board with such adaptations and modifications as may be necessary the several British Statutes regulating the Board of Commissioners or other body whose or any of whose jurisdictions, powers or duties are by such Order conferred or imposed on such Board :

AND WHEREAS this said Section 7 applies to any statutory Board of Commissioners or other statutory Board or body exercising any function of government or discharging any public duties in relation to public administration :

AND WHEREAS the Railway and Canal Commission is a statutory Board of Commissioners exercising functions of government or discharging public duties in relation to public administration and was in existence on the 6th day of December, 1921, and had jurisdictions, powers and duties extending to the whole of the late United Kingdom :

AND WHEREAS it is necessary to make provision for the exercise in Saorstát Eireann of the functions which were on the 6th day of December, 1921, exerciseable by the Railway and Canal Commission in the area now comprised in Saorstát Eireann: And it is expedient that for that purpose the jurisdictions, powers and duties of the Railway and Canal Commission should be divided amongst two or more Boards of Commissioners:

NOW the Executive Council in exercise of the several powers conferred on them by the said Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) and of every and any other power them in this behalf enabling do hereby order as follows :—

1. This Order may for all purposes be cited as the " Railway and Canal Commission (Extension of Time) Order, 1923. "

2. In this Order the expression " British Statute " means Act of the Parliament of the late United Kingdom of Great Britain and Ireland which was on the 6th day of December, 1922, in force in the area now comprised in Saorstát Eireann.

3. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. A Board of Commissioners to be called and known as " The Railway and Canal (Extension of Time) Commission " is hereby established to exercise in Saorstát Eireann all the functions which were on the 6th day of December, 1921, exerciseable in the area now comprised in Saorstát Eireann by the Railway and Canal Commission under Sub-section (1) of Section 1 of the Defence of the Realm (Acquisition of Land) Act, 1916 (6 & 7 Geo. V., ch. 63).

5. The Railway and Canal (Extension of Time) Commission shall consist of two commissioners, one of whom shall be the person who for the time being holds the office of Secretary to the Ministry of Home Affairs and the other of whom shall be the person who for the time being holds the office of Secretary to the Ministry of Local Government.

6. All the jurisdictions, powers and duties which on the 6th day day of December, 1921, were conferred or imposed by Sub-Section (1) of Section 1 of the Defence of the Realm (Acquisition of Land) Act, 1916, on the Railway and Canal Commission are hereby conferred and imposed on the Railway and Canal (Extension of Time) Commission.

7.—(1) Sub-section (1) of Section 1 of the Defence of the Realm (Acquisition of Land) Act, 1916, shall be construed and take effect as if the Railway and Canal (Extension of Time) Commission were therein substituted for the Railway and Canal Commission.

(2) Every mention or reference contained in any British Statute of or to the Railway and Canal Commission in relation to the jurisdictions, powers and duties conferred or imposed on that Commission by Sub-section (1) of Section 1 of the Defence of the Realm (Acquisition of Land) Act, 1916, but no further or otherwise shall be construed and take effect as a mention of or reference to the Railway and Canal (Extension of Time) Commission.