S.I. No. 37/1928 - Prevention of Corruption Acts, 1889 To 1916, Adaptation Order, 1928.

STATUTORY RULES AND ORDERS. 1928. No. 37.

PREVENTION OF CORRUPTION ACTS, 1889 TO 1916, ADAPTATION ORDER, 1928.

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 in the opinion of the Executive Council the adaptations intended to be made by this order of the Prevention of Corruption Acts, 1889 to 1916 (being British statutes within the meaning of the said Adaptation of Enactments Act, 1922 ), are necessary in order to enable such statutes 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 section 12 of 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 for all purposes as the Prevention of Corruption Acts, 1889 to 1916, Adaptation Order, 1928.

2. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation or an Act of the Oireachtas passed before the 1st day of January, 1924.

3. The several sections of the Public Bodies Corrupt Practices Act, 1889, specified in the first column of Part I. of the Schedule hereto are hereby adapted in the manner specified in the second column of the said Part I. opposite the said sections respectively, and the said Act shall be construed and have effect accordingly.

4. The several sections and sub-sections of the Prevention of Corruption Act, 1906, specified in the first column of Part II. of the Schedule hereto are hereby adapted in the manner specified in the second column of the said Part II. opposite the said sections and sub-sections respectively, and the said Act shall be construed and have effect accordingly.

5. The several sections of the Prevention of Corruption Act, 1916, specified in the first column of Part III. of the Schedule hereto are hereby adapted in the manner specified in the second column of the said Part III. opposite the said sections respectively, and the said Act shall be construed and have effect accordingly.

DUBLIN,

This 12th day of June, 1928.

SCHEDULE.

PART I.

THE PUBLIC BODIES CORRUPT PRACTICES ACT, 1889.

Section and subsection.	Adaptation.
Section 4.	In sub-section (1) the reference to the Attorney-General shall be construed as a reference to the Attorney-General of Saorstát Eireann and sub-section (2) shall cease to have effect.
Section 7.	For the expression " the United Kingdom " there shall be substituted the expression " Saorstát Eireann. "

PART II.

THE PREVENTION OF CORRUPTION ACT, 1906.

Section and sub-section.

Adaptation.

Section 1.

Sub-section (3).

For the words " serving under the Crown or, " there shall be substituted the words " holding an office remunerated out of the Central Fund or moneys provided by the Oireachtas or an office. "

Section 2

The following sub-section shall be substituted for sub-section (1), that is to say : " (1) A prosecution for an offence under this Act shall not be instituted without the consent of the Attorney-General of Saorstát Eireann. "

PART III.

THE PREVENTION OF CORRUPTION ACT, 1916.

Section and subsection.	Adaptation.
Section 1.	For the words " with His Majesty or any Government Department, " there shall be substituted the words " with a Minister head of a Department of State or a board of commissioners or statutory body required by law to exercise its functions subject, to the direction and control of a Minister who is head of a Department of State. "
Section 2	For the words " in the employment of His Majesty or any Government Department or a public body, " there shall be substituted the words " holding an office remunerated out of the Central Fund or moneys provided by the Oireachtas or in the employment of a public body, ' and for the words " from His Majesty or any Government Department, " there shall be substituted the words " from a Minister head of a Department of State or a board of Commissioners or statutory body required by law to exercise its functions subject to the direction and control of a Minister who is head of a Department of State. "