Civil Defence Act, 2002

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1939” means the Air-Raid Precautions Act, 1939 ;

“Act of 2001” means the Local Government Act, 2001 ;

“Board” means the Civil Defence Board established under section 7 ;

“chairperson” means a member of the Board designated under section 11 (4);

“civil defence” has the same meaning as in the Protocol, additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) adopted at Geneva on 8 June 1977—

(a) the text of which Protocol is set out in the Fifth Schedule (inserted by the Geneva Conventions (Amendment) Act, 1998 ) to the Geneva Conventions Act, 1962 , and

(b) the definition of civil defence in that Protocol is set out for convenience of reference in Schedule 1;

“civil defence plan” means a civil defence plan prepared by a local authority under section 31 ;

“civil defence member” means a person who is registered in the Register of Civil Defence Members under section 35 ;

“committee” means a committee established under section 28 ;

“director general” means the chief executive officer of the Board appointed under section 14 ;

“emergency services” includes the Gardaí Síochána, the Irish Coast Guard, local authorities and the health services of the State;

“establishment day” means the day appointed by the Minister under section 6 to be the establishment day for the purposes of this Act;

“equipment” means all or part of—

(a) any ship, boat or other vessel,

(b) stores, vehicles or appliances,

(c) clothing, or

(d) any material, constructed, designed or intended for use for the purposes of civil defence;

“local authority” means a county council or a city council which performs functions relating to civil defence;

“Minister” means the Minister for Defence;

“prescribed” means prescribed by regulations made by the Minister;

“register” means the Civil Defence Register established under section 35 ;

“strategic plan” means the strategic plan of the Board under section 30 .

(2) The financial year of the Board shall be the period of 12 months ending on 31 December in any year and for the purposes of this Act the period commencing on the establishment day and ending on the following 31 December is deemed to be a financial year.

(3) In this Act—

(a) a reference to a Chapter, section or Schedule is a reference to a Chapter or section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended,

(c) a reference to any enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act, and

(d) a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.