S.I. No. 122/1936 - Local Government (Application of Enactments) Order, 1898, Adaptation Order, 1936.


STATUTORY RULES AND ORDERS. 1936. No. 122.

LOCAL GOVERNMENT (APPLICATION OF ENACTMENTS) ORDER, 1898, ADAPTATION ORDER, 1936.

WHEREAS it is enacted by Section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Executive Council of Saorstát Eireann may from time to time by Order make all such general or specific adaptations of or modifications in any British Statute which in the opinion of the Executive Council are necessary in order to enable such Statute to have full force and effect in Saorstát Eireann :

AND WHEREAS it is enacted by sub-section (2) of Section 16 of the said Adaptation of Enactments Act, 1922 , that whenever any power is given by the said Act of applying, interpreting, adapting or modifying any British Statute, such power shall extend and apply to every Order, Rule or Regulation made under such Statute and having the force of law in Saorstát Eireann :

AND WHEREAS the Local Government (Ireland) Act, 1898, is a British Statute within the meaning of the said Adaptation of Enactments Act, 1922 , and the Local Government (Application of Enactments) Order, 1898, is an Order made under the said Local Government (Ireland) Act, 1898 :

AND WHEREAS in the opinion of the Executive Council of Saorstát Eireann the adaptations and modifications intended to be made by this Order of and in the said Local Government (Application of Enactments) Order, 1898, are necessary in order to enable such Order to have full force and effect in Saorstát Eireann :

NOW, the Executive Council of Saorstát Eireann, in exercise of the powers conferred on them by 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 be cited as the Local Government (Application of Enactments) Order, 1898, Adaptation Order, 1936.

2. 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 passed before the 1st day of January, 1924.

3. Article 31 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall be construed and have effect as if—

(a) in paragraph (1) thereof, the words " Minister for Local Government and Public Health " were substituted for the words " Lord Lieutenant " wherever those words occur in the said paragraph, and the words " in Council " (where those words occur in the expression " by Order in Council ") were omitted therefrom, and

(b) in paragraph (2) thereof, the words " Minister for Local Government and Public Health " were substituted for the words " Lord Lieutenant " now contained therein, and the word " him " were substituted for the words " the Privy Council " now contained therein, and

(c) in paragraph (3) thereof, the words " in Council " (where those words occur in the expression " by Order in Council ") were omitted therefrom, and the words " Minister for Local Government and Public Health " were substituted for the words " Chief Secretary" now contained therein, and

(d) in paragraph (9) thereof, the words " Minister for Local Government and Public Health " were substituted for the words " Chief Secretary, to be submitted by him to the Lord Lieutenant in Council " now contained therein, and

(e) in paragraph (11) thereof, the words " Minister for Local Government and Public Health " were substituted for the words " Lord Lieutenant in Council " wherever those words occur in the said paragraph, and

(f) in paragraph (14) thereof, the words " in Council " (where those words occur in the expression " by Order in Council ") were omitted therefrom.

DUBLIN :

This 30th day of June, 1936.