S.I. No. 331/1940 - Royal Hibernian Academy (Adaptation of Charter) Order, 1940.


STATUTORY RULES AND ORDERS. 1940. No. 331.

ROYAL HIBERNIAN ACADEMY (ADAPTATION OF CHARTER) ORDER, 1940.

WHEREAS it is enacted by sub-section (1) of Section 1 of the Adaptation of Charters Act, 1926 (No. 6 of 1926), as adapted in consequence of the enactment of the Constitution that the Government may from time to time by order make all such adaptations of any charter which, by virtue of Article 73 of the Constitution of Saorstát Éireann had the force of law in Saorstát Éireann as are, in the opinion of the Government, necessary in order to enable such Charter to have full force and effect in Ireland :

AND WHEREAS by a Charter granted on the 6th day of October, 1823, the Royal Hibernian Academy was incorporated by that name and divers provisions were made for the conduct thereof :

AND WHEREAS by a Charter granted on the 27th day of February, 1861, the said Royal Hibernian Academy was again incorporated by that name and divers provisions were made for the conduct thereof and, amongst other matters, provision was made for the annual nomination and choice, with the approval of the Lord Lieutenant of Ireland, of persons to be President, Treasurer, and Secretary and for the making of statutes, bye-laws, and ordinances subject to the approval of the Lord Lieutenant of Ireland or other Chief Governor or Governors of Ireland :

AND WHEREAS by virtue of Article 73 of the Constitution of Saorstát Eireann the hereinbefore recited Charter granted on the 27th day of February, 1861, had the force of law in Saorstát Eireann and, by virtue of Article 50 of the Constitution, the said Charter is now in force in Ireland :

AND WHEREAS the adaptations of the said hereinbefore recited Charter which are made by this Order are in the opinion of the Government necessary in order to enable that Charter to have full force and effect in Ireland :

NOW, the Government, in exercise of the power conferred on them by sub-section (1) of Section 1 of the Adaptation of Charters Act, 1926 (No. 6 of 1926), as adapted in consequence of the enactment of the Constitution, and of every and any other power them in this behalf enabling, do hereby order as follow :—

1. This Order may be cited as the Royal Hibernian Academy (Adaptation of Charter) Order, 1940.

2. The Interpretation Act, 1937 (No. 38 of 1937) applies to this Order.

3. In this Order the expression " the Charter " means the hereinbefore recited Charter granted on the 27th day of February, 1861.

4. That portion of the Charter which requires the approval of the Lord Lieutenant of Ireland to the annual nomination and choice of persons to be President, Treasurer, and Secretary is hereby adapted by the substitution of the expression " the Taoiseach " for the expression " the Lord Lieutenant of Ireland " and it is hereby ordered that the said portion of the Charter shall be construed and have effect accordingly.

5. That portion of the Charter which provides that statutes, bye-laws, and ordinances made thereunder shall not be binding on the academicians until approved of by the Lord Lieutenant of Ireland or other Chief Governor or Governors of Ireland is hereby adapted by the substitution of the expression " the Government " for the expression " the Lord Lieutenant of Ireland or other Chief Governor or Governors of Ireland " and it is hereby ordered that the said portion of the Charter shall be construed and have effect accordingly.

Given under the Official Seal of the Government, this 19th day of November, 1940.

EAMON DE VALERA,

Taoiseach.