Air-Raid Precautions Act, 1939

Expenses of local authorities.

34.—(1) Any local authority may, with the approval of the Minister, incur expenses for the purposes (in this section referred to as air-raid precaution purposes) of making provision for the protection of persons and property from injury or damage in the event of attack from the air and for the minimising of such injury or damage, whether such expenditure is incurred in pursuance of an air-raid precautions scheme or otherwise under this Act.

(2) Where at any time subsequent to the 30th day of September, 1938, and prior to the passing of this Act, any expenses were incurred by a local authority for air-raid precaution purposes, and such expenses were, in the opinion of the Minister, properly so incurred, the following provisions shall have effect, that is to say:—

(a) if such expenses could lawfully have been incurred under this Act if this Act had been in force when they were incurred, such expenses shall be deemed to have been incurred under this Act, and this Act shall apply and be deemed always to have applied to such expenses accordingly, and

(b) if any sum was, at any time either before or after such expenses were incurred, included in any rate in order to defray such expenses, and such sum could lawfully have been so included if this Act had been in force at that time, such rate shall not be or be deemed ever to have been invalid or irrecoverable merely by reason of such inclusion.

(3) Any expenses incurred by a local authority (other than the council of a county or the councils of the county boroughs of Dublin and Limerick) under this Part of this Act shall be defrayed in the manner in which expenses incurred by such local authority under the Public Health Acts, 1878 to 1931, are defrayed.

(4) Any expenses incurred by the council of a county under this Part of this Act shall be defrayed out of the county fund as a county-at-large charge but so that no sum shall be raised on account of such expenses of any borough or urban district which is for the time being a scheduled urban area.

(5) The council of a county may borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, for the purpose of defraying any expenses incurred by such council under this Part of this Act in like manner as if such purpose were mentioned in that Article and money borrowed for any such purpose shall not be reckoned as part of the debt of such council for the purposes of any limitation on borrowing imposed by the said Article.

(6) Any local authority (other than the council of a county) may borrow under the Public Health Acts, 1878 to 1933, for the purpose of defraying any expenses incurred by such local authority under this Part of this Act as if such purpose were a purpose for which such local authority is authorised to borrow under those Acts, but money borrowed for any such purpose shall not be reckoned as part of the debt of such local authority for the purposes of any limitation on borrowing imposed by those Acts.