S.I. No. 36/1928 - Official Secrets Acts, 1911 and 1920, Adaptation Order, 1928.

STATUTORY RULES AND ORDERS. 1928. No. 36.

OFFICIAL SECRETS ACTS, 1911 AND 1920, 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 of 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 Official Secrets Acts, 1911 and 1920 (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 Official Secrets Acts, 1911 and 1920, Adaptation Order, 1928.

2. 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.

3. The several sections and subsections of the Official Secrets Act 1911, 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 such sections and subsections respectively, and the said Act shall be construed and have effect accordingly.

4. The several sections and subsections of the Official Secrets Act, 1920, 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 such sections and subsections respectively, and the said Act shall be construed and have effect accordingly

DUBLIN,

This 12th day of June, 1928.

SCHEDULE.

PART I.

THE OFFICIAL SECRETS ACT, 1911.

Section and subsection.	Adaptation.
Section 2. Subsection (1).	For the words " office under His Majesty " wherever they occur there shall be substituted the words " an office remunerated out of public moneys, " and for the words " on behalf of His Majesty, " there shall be substituted the words " in his official capacity by a person holding an office remunerated out of public moneys or by a corporate body whose or some of whose members are remunerated out of public moneys. "
Section 3, as amended by the Official Secrets Act, 1920.	For the expression " His Majesty " there shall be substituted the expression " the State, " and for the expression " a Secretary of State, " wherever it occurs, there shall be substituted the expression "an Executive Minister."
Section 7.	For the expression "superintendent of police," there shall be substituted the words " an officer of the Gárda Síochána not below the rank of Superintendent. "
Section 8.	The references to the Attorney-General shall be construed as references to the Attorney-General of Saorstát Eireann.
Section 9. Subsection (1).	For the expression " justice of the peace, " there shall be substituted the expression " Justice of the District Court, " and for the word " constable, " there shall be substituted the words " member of the Gárda Síochána. "
Section 9. Subsection (2).	For the expression " superintendent of police, " there shall be substituted the words " an officer of the Gárda Síochána not below he rank of superintendent, " and for the word " constable " there shall be substituted the words " member of the Gárda Síochána. "
Section 10.	The following subsection shall be substituted for subsection (1), that is to say :— " (1) This Act shall apply to all acts which are offences under this Act when committed in Saorstát Eireann by any person or when committed outside Saorstát Eireann by a citizen of Saorstát Eireann or a person holding an office remunerated out of public moneys " ; subsection (2) shall cease to have effect.
Section 11.	This section shall cease to have effect.
Section 12 as amended by the Official Secrets Act, 1920.	The definitions of references to a place belonging to His Majesty and of the expressions " Attorney-General, " " superintendent of police, " and " office under His Majesty " shall cease to have effect, and the following clauses shall be added to the section, that is to say : " the expression ' public moneys ' means and includes the Central Fund and moneys provided by the Oireachtas ; the expression ' Executive Minister ' means a Minister who is a member of the Executive Council of Saorstát Eireann. "

PART II.

THE OFFICIAL SECRETS ACT, 1920.

Section and subsection.	Adaptation.
Section 1. Subsection (1).	For the words " office under His Majesty " there shall be substituted the words " an officer remunerated out of public moneys, " and for the expression " His Majesty " where it occurs in paragraph (e) there shall be substituted the expression " the Executive Council of Saorstát Eireann. "
Section 1. Subsection (2).	For the expression " police constable " there shall be substituted the expression " member of the Gárda Síochána. "
Section 2.	For the expression " the United Kingdom, " wherever it occurs, there shall be substituted the expression " Saorstát Eireann. "
Section 3.	For the words " the chief officer or a superintendent or other officer of police or any member of His Majesty's forces " there shall be substituted the words " any member of the Gárda Síochána or of the Defence Forces of Saorstát Eireann. "
Section 4. Subsection (1).	For the expression " Secretary of State " there shall be substituted the expression " Executive Minister, " and for the expression " the United Kingdom, " wherever it occurs, there shall be substituted the expression " Saorstát Eireann. "
Section 5.	In subsection (1), for the expression " chief officer of police," wherever it occurs, there shall be substituted the expression " Superintendent of the Gárda Síochána, " and in subsection (3) for the expression " police constable " there shall be substituted the expression " member of the Gárda Síochána, " and in subsection (6) for the expression " the Postmaster-General " there shall be substituted the expression " the Minister for Posts and Telegraphs. "
Section 6.	For the words " chief officer of police or to a superintendent or other officer of police not below the rank of inspector appointed by a chief officer for the purpose or to any member of His Majesty's forces " there shall be substituted the words " superintendent of the Gárda Síochána or a member of the Gárda Síochána not below the rank of inspector appointed by a superintendent for the purpose or to any member of the Defence Forces of Saorstát Eireann. "
Section 8.	In the proviso to subsection (2) the reference to the Attorney-General shall be construed as a reference to the Attorney-General of Saorstát Eireann, and in subsection (3) for the expression " the United Kingdom " there shall be substituted the expression " Saorstát Eireann. "
Section 11.	The following subsection shall be substituted for subsection (3), that is to say : " (3) In this Act the expression ' Executive Minister ' means a Minister who is a member of the Executive Council of Saorstát Eireann, the expression ' Government Department ' means and includes a Minister who is head of a Department of State, and also a Department of State and also a board of commissioners or statutory body whose or some of whose members are remunerated out of public moneys and whose functions are required by law to be exercised subject to the direction and control of a Minister who is head of a Department of State, and the expression ' public moneys ' means and includes the Central Fund and moneys provided by the Oireachtas. "