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Emergency Powers (Continuance and Amendment) Act, 1945

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Number 26 of 1945.


EMERGENCY POWERS (CONTINUANCE AND AMENDMENT) ACT, 1945.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary.

Section

1.

Short title.

2.

Definitions.

3.

Repeals.

PART II.

Continuance of the Principal Act.

4.

Continuance of the Principal Act.

PART III.

Amendment of the Principal Act.

5.

Amendment of section 2 of the Principal Act.

6.

Further restriction on making orders under section 2 of the Principal Act.

7.

Amendment of section 5 of the Principal Act.

8.

Duration of Part III.

9.

Collective citation.

SCHEDULE.


Acts Referred to

Emergency Powers Act, 1939

No. 28 of 1939

Emergency Powers (Continuance and Amendment) Act, 1942

No. 19 of 1942

Emergency Powers (Amendment) Act, 1940

No. 1 of 1940

Emergency Powers (Amendment) (No. 2) Act, 1940

No. 16 of 1940

Emergency Powers (Continuance) Act, 1944

No. 16 of 1944

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Number 26 of 1945.


EMERGENCY POWERS (CONTINUANCE AND AMENDMENT) ACT, 1945.


AN ACT TO EXTEND, FOR THE PURPOSE OF SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF WAR, THE PERIOD DURING WHICH THE EMERGENCY POWERS ACT, 1939 , SHALL REMAIN IN FORCE, AND TO AMEND THE SAID ACT FOR THE PURPOSE AFORESAID. [29th July, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary.

Short title.

1.This Act may be cited as the Emergency Powers (Continuance and Amendment) Act, 1945.

Definitions.

2.In this Act—

the expression “the Principal Act” means the Emergency Powers Act, 1939 (No. 28 of 1939);

the expression “the Act of 1942” means the Emergency Powers (Continuance and Amendment) Act, 1942 (No. 19 of 1942).

Repeals.

3.The enactments specified in the second column of the Schedule to this Act are hereby repealed.

PART II.

Continuance of the Principal Act.

Continuance of the Principal Act.

4.(1) The Principal Act shall, unless previously terminated under subsection (2) of this section, continue in force until the 2nd day of September, 1946, and shall then expire unless the Oireachtas otherwise determines.

(2) The Government may by order declare that the Principal Act shall expire on a specified date, being earlier than the 2nd day of September, 1946, and in that case the Principal Act shall expire accordingly.

PART III.

Amendment of the Principal Act.

Amendment of section 2 of the Principal Act.

5.(1) Section 2 of the Principal Act is hereby amended—

(a) by the deletion of paragraph (h) of subsection (2),

(b) by the deletion, in paragraph (i) of subsection (2), of all words after the words “official information”,

(c) by deletion of paragraph (j) of subsection (2) and the substitution therefor of the following paragraph:—

“(j) authorise and provide for the prohibition, restriction or control of the entry of persons (other than natural-born Irish citizens) into the State or the departure of persons out of the State and the movements of persons (other than natural-born Irish citizens) within the State;”,

(d) by the insertion in paragraph (m) of subsection (2), after the word “persons” of the words “(other than natural born Irish citizens)”,

(e) by the insertion in paragraph (o) of subsection (2), after the word “persons” where it first occurs of the words “(other than natural born Irish citizens)”.

(2) Paragraph (k) of subsection (2) of section 2 of the Principal Act shall be construed as if the words and brackets deleted therefrom by subsection (1) of section 2 of the Emergency Powers (Amendment) Act, 1940 (No. 1 of 1940), were re-inserted in the said paragraph (k).

(3) Paragraph (l) of subsection (2) of section 2 of the Principal Act shall be construed as if the words and brackets deleted therefrom by subsection (2) of section 2 of the Emergency Powers (Amendment) Act, 1940 , were re-inserted in the said paragraph (l).

(4) Subsection (5) of section 2 of the Principal Act shall be construed as if the words deleted therefrom by section 2 of the Emergency Powers (Amendment) (No. 2) Act, 1940 (No. 16 of 1940), were re-inserted in the said subsection (5).

Further restriction on making orders under section 2 of the Principal Act.

6.(1) Nothing in section 2 of the Principal Act shall be construed as authorising the Government by order under the said section—

(a) to authorise and provide for the censorship, restriction, control, or partial or complete suspension of communication by means of all or one or more of the services maintained or controlled by the Minister for Posts and Telegraphs or by any other means, whether public or private, or

(b) to make provision for prohibiting the publication or spreading of any matter, or to authorise or provide for the control and censorship of newspapers and periodicals, or

(c) to authorise and provide for the censorship of pictures, or

(d) to authorise and provide for the prohibition, restriction or control of the entry of natural-born Irish citizens into the State or the movements of natural-born Irish citizens within the State, or

(e) to authorise and provide for the detention of natural-born Irish citizens, or

(f) to authorise the arrest without warrant of natural-born Irish citizens, or

(g) to authorise and provide for the searching of natural-born Irish citizens, or

(h) to suspend the operation of or amend or apply (with or without modification) the Principal Act, the Act of 1942, or this Act.

(2) In this section the word “pictures” has the same meaning as in the Censorship of Films Acts, 1923 to 1930.

Amendment of section 5 of the Principal Act.

7. Section 5 of the Principal Act, as amended by section 8 of the Act of 1942, is hereby amended in the following respects—

(a) by the deletion of subparagraph (i) of paragraph (a) of subsection (6),

(b) by the deletion, in subparagraph (ii) of the said paragraph (a), of the words “in any other case

(c) by the deletion of subsection (6A).

Duration of Part III.

8.This Part of this Act shall continue in force so long as the Principal Act continues in force and no longer.

Collective citation.

9.The Principal Act, the Act of 1942, and this Part of this Act may be cited together as the Emergency Powers Acts, 1939 to 1945.

SCHEDULE.

Enactments Repealed.

Number and Year

Short Title

(1)

(2)

No. 1 of 1940.

Emergency Powers (Amendment) Act, 1940 .

No. 16 of 1940.

Emergency Powers (Amendment) (No. 2) Act, 1940 .

No. 16 of 1944.

Emergency Powers (Continuance) Act, 1944 .