S.I. No. 10/1923 - National Education Commissioners Order, 1923.

1923. No. 10.

NATIONAL EDUCATION COMMISSIONERS ORDER, 1923.

WHEREAS by Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), the Executive Council is empowered to establish by Order Boards of Commissioners to exercise in Saorstát Eireann the functions which were, on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by a 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 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 whose jurisdictions, powers or duties are by such Order conferred or imposed on such Board :

AND WHEREAS the 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 Commissioners of National Education in Ireland are a statutory Board of Commissioners exercising functions of government or discharging public duties in relation to public administration which was in existence on the 6th day of December, 1921, and had jurisdictions, powers and duties extending to the whole of Ireland :

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, exercisable by the Commissioners of National Education in Ireland in the area now comprised in Saorstát Eireann.

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 " National Education Commissioners Order, 1923 " (No. 10 of 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 National Education Commissioners is hereby established to exercise in Saorstát Eireann all the functions which were on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by the Commissioners of National Education in Ireland.

5. The National Education Commissioners shall consist of two Commissioners who shall be appointed by the President of the Executive Council and shall be removable only by the Executive Council.

6. All the jurisdictions, powers and duties which on the 6th day of December, 1921, were conferred or imposed by law on the Commissioners of National Education in Ireland and were exercisable or to be performed within the area now comprised in Saorstát Eireann are hereby respectively conferred and imposed on the National Education Commissioners.

7. Every mention or reference contained in any British statute of or to the Commissioners of National Education in Ireland shall, so far as the same is not inconsistent with the provisions of this Order, be construed and take effect as a mention of or reference to the National Education Commissioners.

Dublin.

This 16th day of August, 1923.