Fire Brigades Act, 1940

Transfer of certain existing fire organisations to sanitary authorities.

12.—(1) In this section and the First Schedule to this Act—

the expression “the repealed section” means section 73 of the Towns Improvement (Ireland) Act, 1854 ;

the word “commissioners” means the commissioners of a town which is not an urban district;

the expression “the sanitary authority” means the sanitary authority of the county health district in which is situate the town in relation to which the expression is used;

the expression “the appointed day” means the day appointed under this section to be the appointed day for the purposes of this section and the First Schedule to this Act, in respect of the town in relation to which the expression is used.

(2) The Minister may by order appoint a day to be the appointed day for the purposes of this section and the First Schedule to this Act, and may so appoint different days in respect of different towns.

(3) Where, in exercise of the powers conferred by the repealed section, commissioners are, immediately before the passing of this Act, maintaining a fire brigade or keeping any apparatus or implements for extinguishing fires or rescuing persons or property from fires or employing any persons for or in connection with extinguishing fires or rescuing persons or property from fires, the following provisions shall have effect, that is to say:—

(a) it shall be lawful for such commissioners to continue until the appointed day but no longer, to maintain such fire brigade, keep such apparatus and implements, or employ such persons (as the case may be) in like manner in all respects as they were doing immediately before the passing of this Act and for that purpose the repealed section shall, notwithstanding the repeal thereof by this Act, be deemed to continue in force until the appointed day;

(b) all expenses incurred by such commissioners under the next preceding paragraph of this sub-section shall be defrayed in like manner as such expenses would have been defrayed if they had been incurred under the repealed section;

(c) on the appointed day all apparatus, implements, and other property maintained or kept under the foregoing paragraphs of this sub-section by such commissioners immediately before the appointed day shall become and be transferred to the sanitary authority and for that purpose the provisions set forth in the First Schedule to this Act shall come into force on the appointed day.