S.I. No. 53/1932 - Air Navigation (Eucharistic Congress) Regulations, 1932.

STATUTORY RULES AND ORDERS. 1932. No. 53.

AIR NAVIGATION (EUCHARISTIC CONGRESS) REGULATIONS, 1932.

WHEREAS it is enacted by section 1 of the Air Navigation Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Governor-General on the advice of the Executive Council may make such orders as appear to him necessary for carrying out the Convention relating to the regulation of aerial navigation done at Paris on the 13th day of October, 1919 (in that Act and in these regulations referred to as the Convention) and for giving effect thereto or to any of the provisions thereof, or to any amendment which may be made under Article 34 thereof :

AND WHEREAS it is enacted by section 3 of the Air Navigation Act, 1920, as adapted as aforesaid, that without prejudice to the generality of the powers thereinbefore conferred an Order made by the Governor-General on the advice of the Executive Council under Part I of the said Act may make provision for the imposition of penalties (not exceeding imprisonment for a term of six months and a fine of two hundred pounds) to secure compliance with the Order or the Convention, and for the mode of enforcing such penalties :

AND WHEREAS it is provided by Article 3 of the Convention that each contracting State is entitled for military reasons or in the interest of public safety to prohibit the aircraft of the other contracting States under the penalties provided by its legislation and subject to no distinction being made in this respect between its private aircraft and those of the other contracting States from flying over certain areas of its territory :

AND WHEREAS it is expedient in the interest of public safety that the prohibition in relation to the flying of civil aircraft contained in these regulations should be made and the said regulations are necessary for the purpose of giving effect accordingly in Saorstát Eireann to the said Article 3 of the Convention :

NOW, I, JAMES McNEILL, Governor-General of the Irish Free State, acting on the advice of the Executive Council and by virtue of the powers conferred on me by section 1 of the Air Navigation Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power me in this behalf enabling do hereby make the following regulations :—

1. These regulations may be cited for all purposes as the Air Navigation (Eucharistic Congress) Regulations, 1932.

2. In these regulations the expression " contracting State " means a State which is for the time being a party to the Convention.

3. The Interpretation Act, 1889, applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

4. The Minister for Industry and Commerce shall grant a permit (in these regulations referred to as a flying permit) to fly any aircraft specified in such permit in or over the Phoenix Park, Dublin, during any period specified in the Second Schedule hereto where he is satisfied that such aircraft is intended to be flown only for the purposes of the taking of photographs by a duly accredited press photographer and application is made for such permit on or before the 20th day of June, 1932.

5.—(1) No civil aircraft whether registered in Saorstát Eireann or registered by the competent authority in any other contracting State shall fly in or over the Phoenix Park, Dublin, during any period specified in the First Schedule hereto.

(2) No civil aircraft (other than an aircraft in respect of which a flying permit has been granted) whether registered in Saorstát Eireann or registered by the competent authority in any other contracting State shall fly in or over the Phoenix Park, Dublin, during any period specified in the Second Schedule hereto.

(3) Every person who flies or assists in flying any aircraft in contravention of this regulation shall be guilty of an offence against these regulations.

6.—(1) Where it appears to any person (in this regulation referred to as an authorised officer) authorised in writing for the purposes of this regulation by the Minister for Industry and Commerce that any aircraft is intended or likely to be flown from any place within Saorstát Eireann in such circumstances that such flight would be a contravention of the immediately preceding regulation then and in every such case such authorised officer may give such direction and take such steps by way of detention of such aircraft and otherwise in relation thereto as appear to him to be necessary in order to prevent such flight.

(2) Every person who acts in contravention of any direction given by an authorised officer in the exercise of the powers conferred on him by this regulation shall be guilty of an offence against these regulations.

7. Every person who is guilty of an offence against these regulations shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months or, at the discretion of the Court, to a fine not exceeding two hundred pounds or to both such imprisonment and such fine.

Given under my hand and sealed with the Great Seal of the Irish Free

State, this 14th day of June, 1932.

JAMES McNEILL,

Governor-General.

FIRST SCHEDULE.

The period between 8 o'clock p.m. and 9.15 o'clock p.m. on the 23rd day of June, 1932.

The period between 8 o'clock p.m. and 9.15 o'clock p.m. on the 24th day of June, 1932.

The period between 11.45 o'clock a.m. and 1.15 o'clock p.m. on the 25th day of June, 1932.

The period between 12.45 o'clock p.m. and 2.15 o'clock p.m. on the 26th day of June, 1932.

SECOND SCHEDULE.

The period between 6 o'clock p.m. and 8 o'clock p.m., and the period between 9.15 o'clock p.m. and 10.30 o'clock p.m., on the 23rd day of June, 1932.

The period between 6 o'clock p.m. and 8 o'clock p.m., and the period between 9.15 o'clock p.m. and 10.30 o'clock p.m. on the 24th day of June, 1932.

The period between 10 o'clock a.m. and 11.45 o'clock a.m., and the period between 1.15 o'clock p.m. and 2 o'clock p.m. on the 25th day of June, 1932.

The period between 9 o'clock a.m. and 12.45 o'clock p.m., and the period between 2.15 o'clock p.m. and 6 o'clock p.m. on the 26th day of June, 1932.