S.I. No. 2/1924 - The Railway and Canal Commission (Compensation) Order, 1924

ORDER OF THE EXECUTIVE COUNCIL 1924.No. 2.

THE RAILWAY AND CANAL COMMISSION (COMPENSATION) ORDER, 1924.

(IRISH FREE STATE.)

The following Order, viz. : The Railway and Canal (Compensation) Commission Order, 1924 (No. 2 of 1924), has been made by the Executive Council, and has been approved by resolution of both Houses of the Oireachtas.

DIARMUID O hEIGCEARTUIGH,

Rúnaí do'n Ard-Chomhairle.

(Secretary to the Executive Council.)

DUBLIN.

This 21st day of May, 1924.

1924. No. 2.

THE RAILWAY AND CANAL (COMPENSATION) COMMISSION ORDER, 1924.

WHEREAS by Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), the Executive Council is empowered to establish by Order a Board or Boards of Commissioners to exercise in Saorstát Éireann the functions which were on the 6th day of December, 1921, exerciseable in the area now comprised in Saorstát Éireann by any statutory Board of Commissioners or other statutory body to which the said section applies and which was in existence on the date aforesaid and had jurisdictions, powers and duties extending to the whole of the late United Kingdom or to any part thereof which included the area now comprised in Saorstát Éireann :

AND WHEREAS the Executive Council is further empowered by the said Section 7 to divide the jurisdictions, powers and duties of any such statutory Board of Commissioners or statutory body aforesaid amongst two or more Boards of Commissioners established under that Section :

AND WHEREAS it is provided by the said Section 7 that whenever the Executive Council establishes under that section any Board of Commissioners, the Executive Council shall by the Order establishing such Board apply to such Board, with such adaptations and modifications as may be necessary, the several British Statutes regulating the Board of Commissioners or other body whose, or any of whose, jurisdictions, powers or duties are by such Order conferred or imposed on such Board :

AND WHEREAS the said Section 7 applies to any statutory Board of Commissioners or other statutory Board or body exercising any function of government or discharging any public duties in relation to public administration :

AND WHEREAS the Railway and Canal Commission is a statutory Board of Commissioners exercising functions of government or discharging public duties in relation to public administration, and was in existence on the 6th day of December, 1921, and had jurisdictions, powers and duties extending to the whole of the late United Kingdom :

AND WHEREAS by the Railway and Canal Commission (Extension of Time) Order, 1923, (No. 1 of 1923) there was established by the Executive Council a Board of Commissioners called " The Railway and Canal (Extension of Time) Commission, " to exercise in Saorstát Éireann all the functions which were on the 6th day of December 1921, exerciseable in the area now comprised in Saorstát Éireann by the Railway and Canal Commission under sub-section (1) of Section 1 of the Defence of the Realm (Acquisition of Land) Act, 1916 :

AND WHEREAS it is necessary to make provision for the exercise in Saorstát Éireann of certain other functions which were on the 6th day of December, 1921, exerciseable by the Railway and Canal Commission in the area now comprised in Saorstát Éireann :

NOW the Executive Council in exercise of the several powers conferred on them by the said Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and other power them in this behalf enabling, do hereby order as follows :—

1. This Order may for all purposes be cited as The Railway and Canal Commission (Compensation) Order, 1924 (No. 2 of 1924).

2. In this Order the expression " British Statute " means an Act of the Parliament of the late United Kingdom of Great Britain and Ireland which on the 6th day of December, 1922, was in force in the area now comprised in Saorstát Éireann.

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

4. A Board of Commissioners, to be called and known as " The Railway and Canal (Compensation) Commission," is hereby established to exercise in Saorstát Éireann all the functions which were on the 6th day of December, 1921, exerciseable in the area now comprised in Saorstát Éireann by the Railway and Canal Commission under Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916.

5. The Railway and Canal (Compensation) Commission shall consist of a Chairman and two ordinary members, all of whom shall be appointed by the Executive Council.

6. All the jurisdictions, powers and duties which on the 6th day of December, 1921, were conferred or imposed by Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916, on the Railway and Canal Commission, are hereby conferred and imposed on the Railway and Canal (Compensation) Commission.

7.—(1) Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916, shall be construed and take effect as if the Railway and Canal (Compensation) Commission were therein substituted for the Railway and Canal Commission.

(2) Every mention or reference contained in any British Statute of or to the Railway and Canal Commission in relation to the jurisdictions, powers and duties conferred or imposed on that Commission by Section 8 of the Defence of the Realm (Acquisition of Land) Act, 1916, but no further or otherwise, shall be construed and take effect as a mention of or reference to the Railway and Canal (Compensation) Commission.

8. In this Order the expression " Saorstát Éireann " means the area for the time being or at the time referred to within the jurisdiction of the Parliament and Government of Saorstát Éireann.

DUBLIN,