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S.I. No. 38/1926 - The Royal College of Physicians of Ireland (Adaptation of Charters) Order, 1926.

STATUTORY RULES AND ORDERS. 1926. No. 38.

THE ROYAL COLLEGE OF PHYSICIANS OF IRELAND (ADAPTATION OF CHARTERS) ORDER, 1926.

WHEREAS it is enacted by Section 1 of the Adaptation of Charters Act, 1926 (No. 6 of 1926), that the Executive Council may from time to time by order make all such adaptations of and modifications in any Charter which by virtue of Article 73 of the Constitution has the force of law in Saorstát Eireann as are in the opinion of the Executive Council necessary in order to enable such Charter to have full force and effect in Saorstát Eireann,

AND WHEREAS in the opinion of the Executive Council the adaptations and modifications intended to be made by this Order of and in the Charters hereinafter mentioned (being Charters to which Section 1 of the Adaptation of Charters Act, 1926 (No. 6 of 1926) applies) are necessary in order to enable such Charters to have full force and effect in Saorstát Eireann,

NOW, the Executive Council of Saorstát Eireann, in exercise of the power conferred on them by the said Section 1 of the Adaptation of Charters Act, 1926 (No. 6 of 1926), and of every and any other power them in this behalf enabling do hereby order as follows :—

1. This Order may be cited for all purposes as the Royal College of Physicians of Ireland (Adaptation of Charters) Order, 1926.

2. The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In this Order

the expression " the Charter " means the Charter granted on the 15th day of December, 1692, by Their late Majestys King William the Third and Queen Mary whereby the several persons therein named were constituted a body corporate with perpetual succession by the name of the President and Fellows of the King and Queen's College of Physicians in Ireland, which said body corporate is now known by the name of the Royal College of Physicians of Ireland,

the expression " the Supplemental Charter " means the Charter granted on the 12th day of December, 1878, by Her late Majesty Queen Victoria to amend and vary the Charter, and

the expression " the College " means the body corporate constituted by the Charter and formerly known by the name of the President and Fellows of the King and Queen's College of Physicians in Ireland and now known by the name of the Royal College of Physicians of Ireland.

4. The reference in the Charter to " the laws, statutes, rights and customs of this our kingdom of Ireland " shall be construed as referring to the laws and statutes of Saorstát Eireann, and the Charter shall have effect accordingly.

5. So much of the Charter as provides that the Lord Chancellor of Ireland or Keeper of the Great Seal of Ireland, the Lord Chief Justice of the King's Bench, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, for the time being, should be, from time to time and forever thereafter, visitors of the College shall be construed as if it provided that the Chief Justice of the Irish Free State, the President of the High Court of Justice of Saorstát Eireann, and the senior ordinary Judge of the Supreme Court of Justice of Saorstát Eireann for the time being shall be, from time to time, and forever hereafter, visitors of the College, and the Charter shall have effect accordingly.

6. So much of the Charter as authorises the exercise from time to time of certain powers therein mentioned by the Lord Chancellor or Lord Keeper of the Great Seal of Ireland, the Lords Chief Justices of the said Kingdom and the Lord Chief Baron of the Court of Exchequer for the time being, or any two or more of them, shall be construed as if it authorised the exercise from time to time of such powers by the Chief Justice of the Irish Free State, the President of the High Court of Justice of Saorstát Eireann and the senior ordinary Judge of the Supreme Court of Justice of Saorstát Eireann for the time being, or any two of them, and the Charter shall have effect accordingly.

7. So much of the Supplemental Charter as provides that all bye-laws relating to the qualification, election and admission of Fellows or Members of the College should be submitted to the Lord Lieutenant or other General Governor or Governors of Ireland for the time being, and that if the Lord Lieutenant or other General Governor or Governors of Ireland, by and with the advice of the Privy Council, should at any time within three calendar months after the same should have been submitted to him or them, disapprove of the whole or any part of such bye-law, that in such case the whole or such part thereof as should be so disapproved of should thereupon become and thenceforth be void and of none effect, otherwise that the same or so much thereof as should not have been so disapproved of should be and remain valid as a bye-law or bye-laws of the College, shall be construed as if it provided that all bye-laws relating to the qualification, election, and admission of Fellows or Members of the College shall be submitted to the Minister for Justice and that if such Minister shall, at any time within three calendar months after the same shall have been submitted to him, disapprove of the whole or any part of such bye-law, that in such case the whole or such part thereof as shall be so disapproved of shall thereupon become and thenceforth be void and of none effect, otherwise that the same or so much thereof as shall not have been so disapproved of shall be and remain valid as a bye-law or bye-laws of the College, and the Supplemental Charter shall have effect accordingly.

DUBLIN.

This 14th day of July, 1926.