Fire Brigades Act, 1940
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Failure of sanitary authority to comply with this Act. |
5.—(1) Whenever the Minister receives a complaint in writing alleging that the sanitary authority of a sanitary district has failed to make reasonable provision in accordance with this Act for the prompt and efficient extinguishment of fires occurring in such district and for the protection and rescue of persons and property from injury by such fires, the following provisions shall have effect, that is to say:— | |
(a) the Minister may, if he so thinks proper, cause an inquiry to be held in respect of the failure alleged in such complaint; | ||
(b) if, after such inquiry, the Minister is satisfied that such sanitary authority is guilty of the failure so alleged, the Minister may by order require such sanitary authority, within the time specified in that behalf in such order, to do such things and to take such steps within the statutory powers (including powers conferred by this Act) of such sanitary authority for remedying such failure as the Minister shall consider to be reasonable in the circumstances and shall specify in such order; | ||
(c) if the Minister makes such order as is authorised by the next preceding paragraph of this sub-section, it shall be the duty of such sanitary authority to comply in all respects with such order; | ||
(d) Sections 209 , 210 , 212 , and 213 of the Public Health (Ireland) Act, 1878 , shall apply to inquiries held under this section. | ||
(2) No action or other proceeding shall lie or be maintainable against a sanitary authority for the recovery of damages in respect of injury to persons or property alleged to have been caused or contributed to by the failure of such sanitary authority to comply with this Act or by the failure of such sanitary authority to exercise all or any of the powers conferred by this Act. |