S.I. No. 89/1940 - Air Raid Precautions Act, 1939 (Appeals Under Sections 22 and 25) Rules, 1940.


STATUTORY RULES AND ORDERS. 1940. No. 89.

AIR RAID PRECAUTIONS ACT, 1939 (APPEALS UNDER SECTIONS 22 AND 25) RULES, 1940.

I, SE?N MOYLAN, Parliamentary Secretary to the Minister for Defence, in exercise of the powers conferred on the Minister for Defence by subsection (1) of section 26 of the Air-raid Precautions Act, 1939 (No. 21 of 1939), and delegated to me under section 6 of the Emergency Powers Act, 1939 (No. 28 of 1939), and of every and any other power me in this behalf enabling, do hereby, with the consent of the Minister for Finance testified by his signature hereto, make the following rules, that is to say :—

PART I. PRELIMINARY.

1. These Rules may be cited as the Air Raid Precautions Act, 1939 (Appeals under Sections 22 and 25) Rules, 1940.

2. In these Rules—

the expression " the Act " means the Air Raid Precautions Act, 1939 (No. 21 of 1939) ;

the expression " the Minister " means the Minister for Defence.

PART II. RULE RELATING TO APPEALS UNDER SECTION 22 OF THE ACT.

3. Any person who appeals under Section 22 of the Act to the Minister shall appeal by sending to the Minister a written notice of appeal stating generally the nature of the designation appealed against and the grounds of his appeal.

PART III. RULE RELATING TO APPEALS UNDER SECTION 25 OF THE ACT.

4. Any person who appeals under Section 25 of the Act to the Minister shall appeal by sending to the Minister a written notice of appeal stating generally the proposed alterations for which the consent of the local authority was requested and specifically the date of application for the said consent and, in the case where consent has been refused, the date of such refusal.

PART IV. RULES APPLICABLE TO ALL APPEALS.

5. In this Part of these Rules the expression " appeal " means an appeal under Section 22 or under Section 25 of the Act.

6. The appellant shall, as soon as may be after appealing, give notice to the local authority concerned that he has appealed.

7. The Minister, unless on consideration of the notice of appeal together with any further information he may have obtained from the appellant he decides to dismiss the appeal on the ground that no case for further inquiry is disclosed, shall give an opportunity for making observations thereon to the local authority concerned.

8. The Minister may, if he thinks fit, before deciding an appeal, appoint some person or persons to hold an inquiry and report to him.

9.—(1) Any person appointed under Rule 8 hereof may take evidence on oath and may for that purpose administer oaths, and may by summons require any person to attend at such time and place as is set forth in the summons to give evidence or to produce any documents in his custody or under his control which relate to the matters raised by the appeal.

(2) No person shall be required, in obedience to such a summons, to attend or to produce documents unless the necessary expenses (not exceeding an amount calculated in accordance with such rates as the Minister may, with the concurrence of the Minister for Finance, direct) of such attendance and production, if any, are paid or tendered to him.

(3) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under this Rule or to give evidence or refuses to produce any document which he may be required to produce by summons under this Rule for the purposes of any appeal, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

10.—(1) Whenever an appeal is made to the Minister, the Minister if he so thinks proper, may on deciding such appeal direct the local authority concerned to pay to the appellant on such appeal such sum as the Minister shall, in his absolute discretion, specify as reasonable compensation to such appellant for the costs occasioned to such appellant in relation to such appeal.

(2) Any sum which the Minister under this Rule directs any local authority to pay to the appellant on an appeal shall be paid by such local authority to such appellant and, in default of payment, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

Given under my hand this 23rd day of February, 1940.

(Signed) SE?N MOYLAN,

Parliamentary Secretary to the Minister for Defence.

I consent to the foregoing Rules.

(Signed) SE?N T. O CEALLAIGH,

Minister for Finance.