Police Forces Amalgamation Act, 1925

/static/images/base/harp.jpg


Number 7 of1925.


POLICE FORCES AMALGAMATION ACT, 1925.


ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Dublin Metropolitan Area.

4.

Repeals.

PART II

AMALGAMATION OF THE DUBLIN METROPOLITAN POLICE AND THE GARDA SIOCHANA

5.

Amalgamation of Dublin Metropolitan Police and Gárda Síochána.

6.

Appointment of Commissioner of amalgamated force.

7.

Appointment of Deputy and Assistant Commissioners and Surgeon of the amalgamated force.

8.

Control of amalgamated force by the Commissioner thereof.

9.

Duties of Deputy and Assistant-Commissioners and Surgeon of the amalgamated force.

10.

Appointment of officers and men of amalgamated force.

11.

Declaration to be made by members of the amalgamated force.

12.

Pay and allowances of members of the amalgamated force.

13.

Pensions, etc., of members of the amalgamated force.

14.

Regulations as to internal management of amalgamated force.

15.

Expenses of amalgamated force to be paid by the Oireachtas.

16.

Dublin Police Rate.

PART III

ADAPTATION OF ENACTMENTS

17.

Formation of representative bodies in the amalgamated force.

18.

Inquiries into charges against members of the amalgamated force.

19.

Application of certain sections of Gárda Síochána Act, 1924.

20.

Gárda Síochána Reward Fund.

21.

Adaptation of certain enactments relating to the Dublin Metropolitan Police.

22.

General adaptation of enactments.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

/static/images/base/harp.jpg


Number 7 of 1925.


POLICE FORCES AMALGAMATION ACT, 1925.


AN ACT TO AMALGAMATE THE DUBLIN METROPOLITAN POLICE AND THE GARDA SIOCHANA AND TO PROVIDE FOR DIVERS MATTERS INCIDENTAL TO OR CONSEQUENTIAL ON SUCH AMALGAMATION. [2nd April, 1925.]

BE IT ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

PART I.

PRELIMINARY.

Short title and commencement.

1.—(1) This Act may be cited as the Police Forces Amalgamation Act, 1925.

(2) This Act shall come into operation on such day as the Minister shall by order appoint.

Interpretation.

2.—(1) In this Act—

the expression “the Minister” means the Minister for Justice;

the expression “the amalgamated force” means the force formed by the amalgamation by this Act of the Dublin Metropolitan Police and the Gárda Síochána.

(2) For the purpose of this Act every rank mentioned in the third column of the First Schedule to this Act shall be deemed to be the rank in the amalgamated force corresponding to the rank in the Dublin Metropolitan Police and the Gárda Síochána (including the Civic Guard) respectively mentioned opposite thereto in the first and second columns of the said Schedule, and all references in this Act to corresponding ranks in the said several forces or any of them shall be construed accordingly.

Dublin Metropolitan Area.

3.—The area heretofore known as the Police District of Dublin Metropolis shall henceforth be known as the Dublin Metropolitan Area and may for all purposes be referred to by that name, and the expression “the Dublin Metropolitan Area” where the same occurs in this Act shall be construed accordingly.

Repeals.

4.—The several Acts specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

PART II.

AMALGAMATION OF THE DUBLIN METROPOLITAN POLICE AND THE GARDA SIOCHANA.

Amalgamation of Dublin Metropolitan Police and Gárda Síochána.

5.—(1) On and from the commencement of this Act the Dublin Metropolitan Police and the Gárda Síochána shall be amalgamated and form one force (which force is in this Act referred to as the amalgamated force), and it shall thenceforward be lawful for the Executive Council to train, equip, pay, and maintain such amalgamated force as a police force in Saorstát Eireann.

(2) The amalgamated force shall be called and known as the Gárda Síochána, and shall consist of such officers and men as the Executive Council shall from time to time determine not exceeding the total numbers of officers and men respectively specified in the Third Schedule to this Act.

Appointment of Commissioner of amalgamated force.

6.—(1) The person who at the commencement of this Act holds the office of Commissioner of the Gárda Síochána shall upon the commencement of this Act become and be the Commissioner of the amalgamated force.

(2) Subject to the provisions of the foregoing sub-section, the Commissioner of the amalgamated force shall from time to time be appointed by the Executive Council, and every Commissioner of the amalgamated force, whether holding that office by virtue of an appointment under this sub-section or by virtue of the foregoing sub-section, may at any time be removed by the Executive Council.

Appointment of Deputy and Assistant Commissioners and Surgeon of the amalgamated force.

7.—(1) The persons who at the commencement of this Act hold the offices of Commissioner of the Dublin Metropolitan Police and Deputy Commissioner of the Gárda Síochána respectively, shall upon the commencement of this Act become and be Deputy Commissioners of the amalgamated force, and the persons who at the commencement of this Act hold the offices of Assistant-Commissioner of the Gárda Síochána and Surgeon of the Gárda Síochána shall upon the commencement of this Act respectively become and be Assistant-Commissioners and Surgeon of the amalgamated force.

(2) Subject to the provisions of the foregoing sub-section, the Executive Council may from time to time as and when they consider it expedient so to do, appoint fit persons (not exceeding at any one time the numbers authorised by this Act) to be respectively Deputy-Commissioners, Assistant-Commissioners, and Surgeon of the amalgamated force, and every person holding any of those offices, whether by virtue of an appointment under this sub-section or by virtue of the foregoing sub-section, may at any time be removed from such office by the Executive Council.

Control of amalgamated force by the Commissioner thereof.

8.—(1) The general direction and control of the amalgamated force shall, subject to regulations made under or continued in force by this Act, be vested in the Commissioner of the amalgamated force who shall be styled and known as the Commissioner of the Gárda Síochána.

(2) If and whenever the Commissioner of the amalgamated force is temporarily absent or is incapacitated by illness from performing his duties or the office of Commissioner of the amalgamated force is vacant, the Minister may authorise a Deputy-Commissioner of the amalgamated force to exercise or perform during such absence, incapacity, or vacancy, all or any of the powers and duties of the Commissioner.

Duties of Deputy and Assistant-Commissioners and Surgeon of the amalgamated force.

9.—(1) The duties of the Deputy-Commissioners and Assistant-Commissioners respectively of the amalgamated force shall be to assist the Commissioner of the amalgamated force in the direction and control of the amalgamated force and to exercise such functions in that behalf as the Commissioner shall, subject to regulations made under or continued in force by this Act, assign to them respectively.

(2) The Surgeon of the amalgamated force shall perform such duties in relation to the medical service of the amalgamated force as the Commissioner shall, subject to regulations made under or continued in force by this Act, assign to him.

Appointment of officers and men of amalgamated force.

10.—(1) The officers and men of the amalgamated force shall respectively be divided into the several ranks specified in the Third Schedule to this Act.

(2) Every member of the Dublin Metropolitan Police or the Gárda Síochána serving as such at the commencement of this Act and not being above the rank of chief superintendent shall immediately on the commencement of this Act become and be a member of the amalgamated force in a rank corresponding to the rank held by him in the Dublin Metropolitan Police or the Gárda Síochána (as the case may be) immediately before the commencement of this Act.

(3) No member of the Dublin Metropolitan Police who was a member of that force at the date of the passing of this Act and becomes by virtue of this section a member of the amalgamated force shall be liable to be employed for ordinary police duties outside the Dublin Metropolitan Area without his own consent.

(4) Subject to the provisions of sub-section (2) of this section all officers of the amalgamated force not being above the rank of chief superintendent shall be appointed by the Executive Council, and all such officers, whether holding such rank by virtue of an appointment under this sub-section or by virtue of the said sub-section (2), may at any time be dismissed, or degraded to the rank of inspector, station-sergeant, sergeant or guard, by the Executive Council and may be from time to time promoted, degraded, or suspended by the Commissioner of the amalgamated force in accordance with regulations made under or continued by this Act, but it shall not be lawful for the Commissioner of the amalgamated force to degrade any officer to the rank of inspector, station-sergeant, sergeant or guard.

(5) Subject to the provisions of sub-section (2) of this section, the men of the amalgamated force shall be enrolled and appointed and (whether so enrolled and appointed or appointed by virtue of the said sub-section (2)) may be from time to time promoted, degraded, suspended or dismissed by the Commissioner of the amalgamated force in accordance with regulations made under or continued by this Act.

Declaration to be made by members of the amalgamated force.

11.—(1) No officer or other member of the Dublin Metropolitan Police or the Gárda Síochána shall be capable of holding office or acting in any way as an officer or other member of the amalgamated force after the expiration of one month from the commencement of this Act unless he has before the commencement of this Act taken the oath or made the declaration required by law to be taken or made by officers or other members of the Dublin Metropolitan Police or the Gárda Síochána (as the case may be) or shall before the expiration of the said month make and subscribe before a Peace Commissioner a declaration in the form contained in the Fourth Schedule to this Act.

(2) No person appointed after the commencement of this Act to be an officer or other member of the amalgamated force shall be capable of holding that office or acting in any way therein until he shall have made and subscribed before a Peace Commissioner a declaration in the form contained in the Fourth Schedule to this Act.

Pay and allowances of members of the amalgamated force.

12.—(1) The Minister may with the sanction of the Minister for Finance from time to time by order regulate and appoint the rates of pay and allowances (including conditions applicable thereto) to be paid to the several ranks and to the several grades of each rank of the officers and men of the amalgamated force.

(2) Before making an order under this section the Minister shall cause the draft of the order to be submitted to the several representative bodies representing the several ranks and grades of the amalgamated force who would be affected by the order when made and shall consider any representations made to him in respect of the draft order by any such representative body.

(3) Until varied by an order under this section and subject to any such variation—

(a) the pay of the Commissioner, Deputy Commissioners, Assistant Commissioners, and Surgeon respectively of the amalgamated force shall be in accordance with the rates and conditions prescribed by the Gárda Síochána Pay Order, 1924, in respect of the officers of corresponding rank in the Gárda Síochána, save that the pay of the person who at the commencement of this Act holds the office of Commissioner of the Dublin Metropolitan Police shall as long as he holds the office of Deputy Commissioner of the amalgamated force be in accordance with the rate and conditions prescribed by the Dublin Metropolitan Police Pay Order, 1924, in respect of the Commissioner of the Dublin Metropolitan Police; and

(b) the pay of each member of the amalgamated force below the rank of surgeon who was immediately before the commencement of this Act a member of the Dublin Metropolitan Police shall be in accordance with the rate and conditions prescribed by the Dublin Metropolitan Police Pay Order, 1924, in respect of the rank of the Dublin Metropolitan Police corresponding to the rank for the time being held by him in the amalgamated force; and

(c) the pay of each member of the amalgamated force not hereinbefore provided for shall be in accordance with the rate and conditions prescribed by the Gárda Síochána Pay Order, 1924, in respect of the rank in the Gárda Síochána corresponding to the rank for the time being held by him in the amalgamated force.

(4) Until varied by an order made under this section and subject to any such variation—

(a) the allowances payable to each member of the amalgamated force stationed in the Dublin Metropolitan Area shall be in accordance with the rates and conditions prescribed by the Dublin Metropolitan Police Allowances Order, 1920, in respect of the rank in the Dublin Metropolitan Police corresponding to the rank for the time being held by him in the amalgamated force; and

(b) the allowances payable to each member of the amalgamated force stationed outside the Dublin Metropolitan Area shall be in accordance with the rates and conditions prescribed by the Gárda Síochána Allowances Order, 1924, in respect of the rank in the Gárda Síochána corresponding to the rank for the time being held by him in the amalgamated force.

For the purpose of this sub-section members of the amalgamated force stationed at the Headquarters of the force in Dublin or at the Depot in Phœnix Park, Dublin, who were members of the Dublin Metropolitan Police immediately before the commencement of this Act shall be deemed to be stationed within the Dublin Metropolitan Area, and all other members of the amalgamated force stationed at the Headquarters aforesaid or at the Depot aforesaid shall be deemed to be stationed outside the Dublin Metropolitan Area.

(5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either House of the Oireachtas within twenty-one days after the first day on which such House shall sit after the order is laid before it the order shall be annulled accordingly but without prejudice to the validity of anything previously done under the order.

Pensions, etc., of members of the amalgamated force.

13.—(1) The Minister may, with the sanction of the Minister for Finance, from time to time by order authorise the grant and payment of pensions, allowances and gratuities to officers and men of the amalgamated force and to their widows, children and dependants, and regulate and appoint the rates and scales of such pensions, allowances, and gratuities and the conditions under which the same are to be payable, and may by any such order prescribe the penalties for any fraudulent conduct in relation to an application for any such pension, allowance, or gratuity.

(2) Before making an order under this section the Minister shall cause the draft of the order to be submitted to the several representative bodies representing the several ranks and grades in the amalgamated force who would be affected by the order when made and shall consider any representations made to him in respect of the draft order by any such representative body.

(3) Until varied by an order made under this section and subject to any such variation—

(a) every statute, order, or regulation in force immediately before the commencement of this Act authorising the grant or payment of pensions, allowances, or gratuities to members of the Dublin Metropolitan Police or to their widows, children, or dependants, or regulating or prescribing the amount or conditions of any such pension, allowance, or gratuity shall continue to apply to those members of the amalgamated force who immediately before the commencement of this Act were members of the Dublin Metropolitan Police in the like manner and to the same extent as such statute, order, or regulation applied to them immediately before the commencement of this Act, save that anything required or authorised by any such statute, order or regulation to be done by the Commissioner of the Dublin Metropolitan Police shall or may be done by the Minister, and for the purposes of such statute, order, or regulation, service in the amalgamated force shall be deemed to be service in the Dublin Metropolitan Police and every member of the amalgamated force to whom such statute, order, or regulation so applies shall for the purpose thereof be deemed to hold the rank in the Dublin Metropolitan Police corresponding to the rank for the time being held by him in the amalgamated force; and

(b) every order made by the Minister under section 8 of the Gárda Síochána Act, 1924 , and in force immediately before the commencement of this Act shall apply to all members of the amalgamated force who were not immediately before the commencement of this Act members of the Dublin Metropolitan Police and for the purpose of any such order service in the amalgamated force shall be deemed to be service in the Gárda Síochána, and every member of the amalgamated force to whom the order so applies shall for the purpose thereof be deemed to hold the rank in the Gárda Síochána corresponding to the rank for the time being held by him in the amalgamated force.

(4) No order made under this section shall come into operation unless and until it has been laid before each House of the Oireachtas, and approved by a resolution of each such House.

Regulations as to internal management of amalgamated force.

14.—(1) The Minister may from time to time subject to the approval of the Executive Council, make regulations in relation to all or any of the matters following, that is to say:—

(a) the admission, appointment, and enrolment of members of the amalgamated force;

(b) the promotion, retirement, degradation, dismissal, and punishment of members of the amalgamated force;

(c) the duties of the several ranks of the amalgamated force;

(d) the maintenance, training, discipline, and efficiency of the amalgamated force;

(e) the formation of representative bodies of members of the amalgamated force;

(f) any other matter or thing relating to the internal management of the amalgamated force.

(2) All orders and regulations made under section 5 of the Dublin Police Act, 1836 , or section 8 of the Dublin Police Act, 1924 , and in force at the commencement of this Act may be amended or revoked by regulations made under this section and until so revoked and subject to any such amendment shall (notwithstanding the repeal of those sections) continue in force and shall apply to the members of the amalgamated force stationed in the Dublin Metropolitan Area.

(3) All orders and regulations made under section 16 of the Gárda Síochána Act, 1924 , or made under section 18 of the Gárda Síochána (Temporary Provisions) Act, 1923 , and continued by section 21 of the Gárda Síochána Act, 1924 , and in force at the commencement of this Act may be amended or revoked by regulations made under this section and until so revoked and subject to any such amendment shall (notwithstanding the repeal of those sections) continue in force and shall apply to members of the amalgamated force stationed outside the Dublin Metropolitan Area.

(4) For the purpose of this section members of the amalgamated force stationed at the Headquarters of the force in Dublin, or at the Depot in Phoenix Park, Dublin, who were members of the Dublin Metropolitan Police immediately before the commencement of this Act shall be deemed to be stationed within the Dublin Metropolitan Area, and all other members of the amalgamated force stationed at the Headquarters aforesaid or the Depot aforesaid, shall be deemed to be stationed outside the Dublin Metropolitan Area.

(5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either House shall, within twenty-one days on which such House has sat next after such regulation was laid before it, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses of amalgamated force to be paid by the Oireachtas.

15.—(1) Save as is otherwise provided by this Act, all the costs, charges, and expenses incurred in respect of the amalgamated force under this Act or otherwise in the execution of this Act shall, to such amount as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) Nothing in this Act shall affect the liability of any council, committee, or other body under any of the enactments specifically mentioned in the Fifth Schedule to this Act as amended or adapted by or under any subsequent Act (including this Act), for the several expenses respectively mentioned in the said enactments as so amended or adapted.

(3) All such expenses as are mentioned in the foregoing sub-section which have after the 6th day of December, 1921, and before the commencement of this Act been advanced out of public funds and have not at the commencement of this Act been repaid by the council, committee, or body liable for the same under the enactments mentioned in the foregoing sub-section, and all such expenses as aforesaid which shall after the passing of this Act be advanced out of public funds, shall be repaid by the council, committee, or other body liable for the same under the enactments aforesaid to the public officer to whom is for the time being assigned by the Minister for Finance the duty of preparing the appropriation account in relation to the amalgamated force upon presentation to such council, committee, or other body by such public officer of certified quarterly accounts, duly vouched, of such expenses.

Dublin Police Rate.

16.—(1) The rate (in this section called the police rate) heretofore levied in the Dublin Metropolitan Area for the maintenance of a police force in that area shall in the local financial year commencing next after the passing of this Act and in the seven succeeding local financial years be levied at the respective rates hereinafter mentioned and shall at the expiration of the last of those local financial years cease to be levied or raised.

(2) In the local financial year commencing next after the passing of this Act the police rate shall be levied at the rate of eightpence in the pound and in the next succeeding local financial year shall be levied at the rate of sevenpence in the pound and so on, abating by one penny in the pound in each succeeding local financial year.

(3) During the eight local financial years aforesaid the police rate shall be assessed, levied, raised, and paid in the like manner as heretofore and all enactments relating to the police rate and in force at the commencement of this Act and all orders and regulations made thereunder and for the time being in force shall continue to apply to the police rate subject to such modifications as the Minister for Local Government and Public Health may by order make therein for the purpose of giving effect to this section (which modifications the said Minister is hereby authorised to make) and in particular subject to the modifications following, that is to say:—

(a) the amount of the rate as fixed by this section shall be substituted for the estimate required by paragraph (2) of section 66 of the Local Government (Ireland) Act, 1898 , to be made by the Minister for Justice, and

(b) the amount raised by the police rate in the said eight local financial years (less such sums as are chargeable against that amount by virtue of section 66 of the Local Government (Ireland) Act, 1898 ) shall be applied towards the maintenance of the amalgamated force in like manner as the amount raised by that rate has heretofore been applied towards the maintenance of the Dublin Metropolitan Police.

(4) After the expiration of the eight local financial years aforesaid the council of the county borough of Dublin and the council of the county of Dublin shall in each half year pay to the Minister for Local Government and Public Health in such proportions as that Minister shall certify such sum as the said Minister shall certify to be the amount which but for this section would in that half year be deductible in respect of the Collector-General's annuity from the police rate.

All sums payable in any half year by the respective councils of the county borough of Dublin and the county of Dublin to the Minister for Local Government and Public Health under this section shall be raised by these councils respectively in the like manner in all respects as the police rate would but for this section have been raised by them respectively in that half year.

(5) In this section the expression ‘Collector-General's annuity’ has the same meaning as in section 66 of the Local Government (Ireland) Act, 1898 .

PART III.

ADAPTATION OF ENACTMENTS.

Formation of representative bodies in the amalgamated force.

17.—(1) So much of sections 1 and 2 (which relate to the constitution of representative bodies and to constables being members of trade unions) of the Constabulary and Police (Ireland) Act, 1919 , and of any rules made thereunder in force at the commencement of this Act as relates to the Dublin Metropolitan Police shall apply to the amalgamated force subject to the following modifications, that is to say:—

(a) references to the Dublin Metropolitan Police shall be construed and take effect as references to the members of the amalgamated force stationed within the Dublin Metropolitan Area;

(b) references to the chief officer shall be construed and take effect as references to the Commissioner of the amalgamated force;

(c) references to the Lord Lieutenant shall be construed and take effect as references to the Minister.

(2) Section 13 (which relates to the formation of representative bodies in the Gárda Síochána) of the Gárda Síochána Act, 1924 , and any orders made under section 16 of the same Act in relation to the formation of such representative bodies and in force at the commencement of this Act shall apply to the amalgamated force subject to the modification that references to the Gárda Síochána shall be construed and take effect as references to the members of the amalgamated force stationed outside the Dublin Metropolitan Area.

(3) For the purpose of this section members of the amalgamated force stationed at the Headquarters of the force in Dublin or at the Depot in Phoenix Park, Dublin, who were members of the Dublin Metropolitan Police immediately before the commencement of this Act shall be deemed to be stationed within the Dublin Metropolitan Area, and all other members of the amalgamated force stationed at the Headquarters aforesaid or the Depot aforesaid shall be deemed to be stationed outside the Dublin Metropolitan Area.

Inquiries into charges against members of the amalgamated force.

18.Section 12 (which relates to inquiries into charges against members of the Dublin Metropolitan Police) of the Dublin Police Act, 1924 , shall apply to the amalgamated force subject to the following modifications, that is to say:—

(a) references to the Commissioner shall be construed and have effect as references to the Commissioner of the amalgamated force, and

(b) references to the Dublin Metropolitan Police shall be construed and have effect as references to the amalgamated force.

Application of certain sections of Gárda Síochána Act, 1924 .

19.—The following sections of the Gárda Síochána Act, 1924 , that is to say section 6 (which relates to the distribution of the Gárda Síochána throughout Saorstát Eireann), section 10 (which relates to resignation of members of the Gárda Síochána), section 11 (which relates to the duty of members of the Gárda Síochána on resignation or dismissal), section 12 (which relates to evidence of appointments to the Gárda Síochána), section 14 (which relates to penalties for causing disaffection in the Gárda Síochána), and section 15 (which relates to penalties for unlawful possession of clothing or equipment of the Gárda Síochána) shall apply to the amalgamated force, and for that purpose the expression “Gárda Síochána” where the same occurs in the said sections respectively shall be construed as referring to the amalgamated force.

Gárda Síochána Reward Fund.

20.—The Gárda Síochána Reward Fund shall continue to be maintained and administered under section 18 of the Gárda Síochána Act, 1924 , subject to the following modifications, that is to say:—

(a) the fund shall be available for the reward or benefit of members of the amalgamated force wherever stationed; and

(b) the expression “Gárda Síochána” where the same occurs in paragraphs (a) and (d), of the said section 18 shall be construed and have effect as referring to the amalgamated force, and where the same occurs in paragraph (b) of the said section 18 shall be construed and have effect as referring to members of the amalgamated force stationed outside the Dublin Metropolitan Area; and

(c) the expression “this Act” in paragraph (e) of the said section 18 shall be construed as including this present Act; and

(d) in addition to the moneys mentioned in the said section 18 there shall be paid into the Gárda Síochána Reward Fund any moneys provided by the Oireachtas for the payment to the members of the amalgamated force of rewards for extraordinary diligence or exertion

Adaptation of certain enactments relating to the Dublin Metropolitan Police.

21.—(1) All fines, penalties, duties, fees, and other moneys which immediately before the commencement of this Act are required by virtue of sub-section (4) of section 9 of the Dublin Police Act, 1924 , to be paid to the accounting officer as defined by that Act shall so far as the same continue to be payable after the commencement of this Act be paid to the accounting officer as defined by this section.

(2) The accounting officer as defined by this section shall or may (as the case may require) after the commencement of this Act make every payment which the accounting officer as defined by the Dublin Police Act, 1924 , is by sub-section (5) of section 9 of that Act required, directed, or authorised to make but only if and so far as such payment is not inconsistent with the other provisions of this Act.

(3) From and after the commencement of this Act sub-section (1) of section 10 of the Dublin Police Act, 1924 , shall cease to have effect and section 58 (which relates to the disposal of unclaimed stolen goods) of the Dublin Police Act, 1842, shall continue in force and have effect subject to the modification that references to the receiver of the police district shall be construed as references to the accounting officer as defined by this section.

(4) In this section the expression “the accounting officer as defined by this section” means the public officer to whom the duty of preparing the appropriation account in relation to the amalgamated force is for the time being assigned by the Minister for Finance.

General adaptation of enactments.

22.—(1) Every mention of or reference to the Dublin Metropolitan Police or to the Commissioner or any other officer or other member of the Dublin Metropolitan Police (other than provisions relating to the pay, allowances, pensions, organisation or internal management of the Dublin Metropolitan Police) contained in any statute or any statutory rule, order, or regulation in force at the commencement of this Act shall be construed and have effect as a mention of or reference to the amalgamated force or the Commissioner of that force or to an officer or other member of that force of the rank corresponding to the rank in the Dublin Metropolitan Police of the officer or other member thereof so mentioned or referred to.

(2) The expression “Gárda Síochána” where the same occurs in section 19 (which relates to the adaptation of statutory references to the Royal Irish Constabulary) of the Gárda Síochána Act, 1924 , shall include the amalgamated force, and the said section shall be construed and have effect accordingly.

(3) Every mention of or reference to the Gárda Síochána or to the Civic Guard or to any officer or other member of either of those forces contained in any Act of the Oireachtas or any order made under any such Act (other than the Gárda Síochána Act, 1924 , and orders made thereunder) in force at the commencement of this Act shall where the context so admits be construed and have effect as a mention of or reference to the amalgamated force or to an officer or other member of the amalgamated force of the rank corresponding to the rank in the Gárda Síochána or the Civic Guard (as the case may be) of the officer or other member thereof so mentioned or referred to.

FIRST SCHEDULE.

TABLE OF CORRESPONDING RANKS.

Dublin Metropolitan Police

Garda Síochána (including Civic Guard)

Amalgamated Force

Commissioner

Commissioner

Commissioner,

Deputy Commissioner

Deputy Commissioners,

Assistant Commissioner

Assistant Commissioner

Assistant Commissioner.

Surgeon

Surgeon

Chief Superintendent

Chief Superintendent

Chief Superintendent.

Superintendent

Superintendent

Superintendent.

Inspector

Inspector

Inspector.

Station Sergeant

Station Sergeant.

Sergeant

Sergeant

Sergeant.

Constable

Guard

Guard

SECOND SCHEDULE.

ENACTMENTS REPEALED.

Session and Chapter

Short Title

Extent of Repeal.

6 & 7 Will. IV. c. 29

The Dublin Police Act, 1836 .

Section 4 .

No. 25 of 1924

The Gárda Síochána Act, 1924 .

Sections 1 to 5 , 7 , 9 , 16 , 17 , 21 .

No. 31 of 1924.

Dublin Police Act, 1924 .

Sections 2 to 8

THIRD SCHEDULE.

MAXIMUM ESTABLISHMENT OF AMALGAMATED FORCE.

1.      Officers

Commissioner.

Deputy Commissioners of whom there shall be not more than two.

Assistant Commissioners of whom there shall be not more than two.

Surgeon.

Chief Superintendents of whom there shall be not more than twenty-nine.

Superintendents of whom there shall be not more than one hundred and fifty-seven.

2.      Men

Inspectors of whom there shall be not more than sixty.

Station Sergeants of whom there shall be not more than forty-four.

Sergeants of whom there shall be not more than one thousand three hundred and fifty.

Guards of whom there shall be not more than six thousand.

FOURTH SCHEDULE.

FORM OF DECLARATION.

“I, _____________________________________do solemnly and sincerely before God declare and affirm and my word and honour pledge that I will be faithful to the utmost of my ability in my employment by the Executive Council of Saorstát Eireann in the office of _______________ in the Gárda Síochána and that I will render good and true service and obedience to Saorstát Eireann and its constitution and government as by law established, without favour or affection, fear, malice, or ill-will, and that I will see and cause the peace to be kept and preserved, and that I will prevent to the best of my power all offences against the same, and that while I shall continue to hold the said office, I will to the best of my knowledge discharge all the duties thereof faithfully according to law, and that I do not belong and that I will not while I hold the said office, join, belong, or subscribe to any political society whatsoever, or to any secret society whatsoever.”

FIFTH SCHEDULE.

ENACTMENTS PRESERVED.

1. Constabulary (Ireland) Act, 1851, section 4.

2. Sale of Food and Drugs Act, 1875 , sections 13 and 29.

3. Weights and Measures Act, 1878, sections 80 and 81.

4. Weights and Measures Act, 1889, sub-section (2) of section 19.