Budget 1922
No. 3 of 1922.
APPROPRIATION ACT, 1922.
(BUDGET)
AN ACT TO GRANT AND APPROPRIATE CERTAIN SUMS FOR THE SERVICE OF THE FINANCIAL YEAR ENDING ON THE 31st DAY OF MARCH, 1923.
[20th December, 1922.]
ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
The Minister of Finance may issue out of the Central Fund and apply towards making good the supply granted for the service of the year ending on the thirty-first day of march, one thousand nine hundred and twenty-three, such sum as together with sums already issued for Supply Services out of the Consolidated Fund of the Provisional Government shall amount to the aggregate sum of thirty-eight million fifty-one thousand and eighty-six pounds.
The Minister for Finance may borrow from any person or banking corporation in Saorstát Eireann and the Bank of Ireland may advance to the Minister for Finance on credit of the sum authorised to be issued by Section One of this Act any sum or sums not exceeding the amount so authorised, and for the purpose of such borrowing the Minister of Finance may create and issue any securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit. The principal and interest of any securities issued under this Act and the expenses incurred in connection with the issue of such securities shall be charged on the Central Fund or the growing produce thereof. Any money raised by securities issued under this Act shall be placed to the credit of the account of the Exchequer and shall form part of the Central Fund and be available in any manner in such Fund is available.
All sums granted by this Act, together with sums already issued for Supply Services out of the Consolidated Fund of the Provisional Government, amounting in the aggregate to thirty-eight million fifty-one thousand and eighty-six pounds as set out in column (3) of the Schedule to this Act, are appropriated and shall be deemed to have been appropriated for the services and purposes expressed in column (2) of the said Schedule. The said Schedule shall be deemed to be part of this Act in the same manner as if it had been contained in the body thereof. In addition to the sums hereby granted out of the Central Fund there may be applied out of any money directed under Section two of the Public Accounts and Charges Act, 1891, to be applied as appropriations in aid of the grants for the services and purposes specified in column (2) of the said Schedule the sums respectively set forth in column (4) of the said Schedule. A person shall not receive any part of a grant which may be made in pursuance of this Act for non-effective services until he has subscribed such declaration as may from time to time be prescribed be a warrant of the Minister of Finance before one of the persons prescribed by such warrant. Provided that whenever any such payment is made at more frequent intervals than once in a quarter the Minister of Finance may dispense with the production of more than one declaration in respect of each quarter.
Any person who makes a declaration for the purpose of this section, knowing the same to be untrue in any material particular, shall be guilty of a misdemeanour. This Act may be cited for all purposes as the Appropriation Act, 1922.
SCHEDULE of Sums Granted and of Sums which may be applied as Appropriations in Aid in addition thereto to defray the charges of the several Public Services herein particularly mentioned, which will come in course of payment during the year ending 31st March, 1923, viz.
:— Sums not exceeding Supply Grants. Appropriations in Aid. For the salaries and expenses of the Ministry of Finance, including certain subordinate departments £68,100 £100 For grants to Universities and Colleges, including grants under the Irish Universities Act, 1908 £110,800
— For Old Age Pensions, for certain administrative expenses in connection therewith, and for pensions under the Blind Persons Act, 1920 £3,326,900 £800
For charges connected with hospitals and infirmaries, and certain miscellaneous charitable and other allowances, including sundry grants in aid £16,738 —
For the expenses of reformatory and industrial schools, including places of detention £97,613 £1,000 For the expenses of criminal prosecutions and other law charges, including a grant in relief of certain expenses payable by statute out of local rates £46,775 £200 For the salaries and allowances and expenses of various county court officers and of magistrates, bonus to chairmen of quarter sessions and recorders and to clerks of the Crown and Peace, and expenses of revision £100,875 £4,570 For certain miscellaneous expenses, including certain grants in aid £10,295 £206
For the salaries and expenses of the Insurance Commission, and for sundry contributions and grants in respect of the cost of benefits and expenses of administration under the National Health Insurance Acts, 1911 to 1921 (including certain grants in aid) £407,602 £1,000
For the salaries and expenses of the office of the Commissioners of Charitable Donations and Bequests £2,930 £48 For the salaries and expenses of the General Valuation and Boundary Survey, including Estate Duty Valuation under the Finance (1909-10) Act, 1910 £40,026 £7,600
For the salaries and expenses of the Office of Public Works £60,603 £19,045
For expenditure in respect of Public Buildings; for the maintenance of certain parks and public works, for maintenance of drainage works on the river Shannon and sundry grants in aid £510,176 £19,125
For payments under the Tramways and Public Companies (Ireland) Act, 1883, etc., and for other purposes connected with Irish Railways £31,860
— For the salaries and expenses of the Commissioner of Police, the police courts and the metropolitan police establishment of Dublin £320,110 £61,696
For the expenses of the General Prisons Board and of the establishments under their control, the registration of habitual criminals, and the maintenance of criminal lunatics confined in district lunatic asylums £217,362 £1,100
For the salaries and expenses of the Public Record Office and of the Keeper of State Papers £12,515
For the salaries and expenses of the Supreme Court of Judicature and of the High Court of Appeal £150,507 £5,250
For the expenses of the Department of National Education, including grants in aid of the Teachers’ Pension Fund £3,863,921 £33,300
For intermediate education, including the Teachers’ Salaries Grant £132,750 £265
For the salary of the secretary, including bonus and the expenses of the office of the Commissioners for managing certain school endowments £880 £200
For the salaries and expenses of the Ministry of Agriculture, and of certain services administered by that Ministry, including sundry grants in aid £407,949 £62,499
For the salaries and expenses of the Institutions of Science and Art, Dublin, and of the Geological Survey of Ireland, and annual grants to schools and classes of Science and Art and Technical Instruction, including sundry grants in aid, administered by the Department of Agriculture and Technical Instruction £180,118 £4,620 For the salaries and expenses of the National Gallery £5,488
— For Grants administered by the Congested Districts Board, including grants in aid £169,750
— For the salaries and expenses of the Ministry of Local Government, including grants and other expenses in connection with housing, grants to local authorities and sundry grants in aid £868,426 £10,000
For the salaries and expenses of the department of the Registrar-General of Births, etc., including bonus to the Registrar-General, and the expenses of collecting emigration statistics £20,903 £900
For the maintenance of criminal lunatics in the Dundrum Asylum £14,931 £5,646
For the salaries and expenses of the Transport Department of the Ministry of Industry and Commerce, including certain payments in connection with Railways £50,355 £2,000
For the Ireland Development Grant (grant in aid) £159,500
— For the expense of providing stationery, printing, paper, binding, and printed books for the public service, for the salaries and expenses of the Stationery Office, and for sundry miscellaneous services, including reports of Oireachtas debates £234,000 £15,000
For the salaries and expenses of the Ministry of Industry and Commerce, including Umpire and Court of Referees, contributions to the Unemployment Insurance Fund and to Special Schemes, and to the Unemployed Workers’ Dependents’ Fund, and payment to Associations under the Unemployment Insurance Acts £228,756 £120,800
To provide capital for the Local Loans Fund, and to make repayment to the British Government in respect of local loans outstanding on 1st April, 1922 £1,025,000
— For the salaries and expenses of the Department of the Comptroller and Auditor-General £9,325 £100 For the salaries and expenses of Temporary Commissions, Committees, and Special Inquiries £5,000 For expenses under the Representation of the People Act, 1918 £36,000
For payments by way of loans for purposes of reconstruction in anticipation of the determination by the Compensation (Ireland) Commission of fair and reasonable compensation in cases where the Government are satisfied that such a course is specially desirable in the interests of industry, trade or employment £250,000
— For the salaries and expenses of the secretariat and special services £19,050 For the cost of the Army £7,245,000 £5,000 For loans for the purpose of reconstructing destroyed buildings in Cork City £50,000 For the salaries and expenses of the Civic Guard £693,650 £9,000
For superannuation, compensation, compassionate and additional allowances and gratuities under sundry Statutes, compensation under Article 10 of the Treaty of the 6th December, 1921, compassionate allowances, gratuities and supplementary pensions awarded by the Ministry of Finance, the salary of the Medical Referee; and sundry repayments in respect of pensions at present paid by the British Government £1,803,305
— For the salaries and expenses of the Ministry of Home Affairs £15,900 — For special grants towards the relief of unemployment and distress £348,000
— For payments in respect of destruction of, or injuries to, property on or after the 21st January, 1919 £10,020,000
— For rates and contributions in lieu of rates, etc., in respect Government property £108,000 — For recoupment of local authorities of amounts due to them in respect of Local Taxation Grants formerly withheld by the British Government £219,834
— For the salaries and expenses of the Customs and Excise service £360,000
— For the salaries and expenses of the Inland Revenue Service £190,000 — For the salaries and expenses of the Criminal Investigation Department £19,916
— For a grant in aid in respect of the improvement of Croke Park in connection with the Tailteann Games £10,000
— For the salaries and expenses of the Marine Service £10,000
— For the salaries and expenses of Dáil Eireann £47,100
— For the salaries and expenses of the Land Commission £200,000
— For the salaries and expenses of the Post Office, including Telegraphs and Telephones £2,756,337 £79,978 For a grant in aid of the Forestry Fund £31,665
— For Secret Service £220,000
— For the salaries and expenses of the Ordnance Survey, and of minor services connected therewith £46,990 £3,000 For the salaries and expenses of additional and unforeseen services £100,000
— For the salaries and expenses of District Justices £15,500 — For compensation in respect of personal injuries or death £250,000
— For the salaries and expenses of the Governor-General’s establishment £10,000
— For grant in aid of the Development Fund £41,000
— For the salaries and expenses of the Ministry of External Affairs £25,000 — TOTAL £38,051,086 – £475,842
No. 4 of 1922. LOCAL ELECTIONS POSTPONEMENT ACT, 1922. AN ACT TO POSTPONE THE ELECTIONS TO CERTAIN LOCAL BODIES WHICH ARE DUE TO BE HELD IN THE MONTH OF JANUARY 1923 AND TO ENABLE THE ELECTIONS TO OTHER LOCAL BODIES WHICH ARE DUE TO BE HELD IN THE YEAR 1923 TO BE POSTPONED AND TO MAKE CERTAIN PROVISIONS CONSEQUENTIAL ON SUCH POSTPONEMENTS. [21st December, 1922].
WHEREAS under the Statutes now in force in Saorstát Eireann elections of the members of borough, county borough and urban district councils and of town commissioners are required to be held in the month of January 1923 and elections of members of county and rural district councils and of other local bodies are required to be held in the month of June and at divers other times in the year 1923:
AND WHEREAS owing to the non-completion of the Register of Local Government Electors now in course of preparation and for other reasons it is necessary that the said elections required to be held in the month of January 1923 should be postponed to a later date in that year and for the like reasons it may become necessary that some or all of the said elections required to be held at other times in the year 1923 should also be postponed:
AND WHEREAS any such postponement of the elections aforesaid involves consequential amendments and adaptations of the existing law relating to such elections. BE it therefore enacted by the Oireachtas of Saorstát Eireann follows:
1.— [Postponement of elections of borough and urban district councillors and town commissioners.]
(1) Every statutory election of councillors of boroughs, councillors of urban districts and commissioners of towns which but for this Act would be held within twelve months after the passing of this Act shall be postponed until such date not being later than the 1st day of January 1924 as the Minister shall be order prescribe.
(2) Any order under this section (including orders under this sub-section) prescribing a date for the holding of a statutory election may be revoked by a subsequent order but in every such case a new date for the holding of such election shall be prescribed by such subsequent order.
2.—[Powers to Minister to postpone elections to county and rural district councils and other local bodies.]
(1) The Minister if in his opinion it is necessary or expedient so to do may by order postpone all or any of the statutory elections of county councillors, councillors of rural districts or members of any other local body which but for this Act would be held at any time within twelve months after the passing of this Act until such date not being later than the 1st day of January 1924 as the Minister shall be such order prescribe.
(2) Separate orders may be made at different times under this section for the postponement of the statutory elections to different classes of councils or other local bodies and different dates may be prescribed for the holding of such postponed elections and any election which is postponed by an order under this section may from time to time be further postponed by subsequent orders.
3.— [Extension of the term of office of existing Councillors, etc.] The term of office of all existing Councillors, Commissioners and members of any council, Commissioners or other local body the statutory elections to which are postponed by or under this Act shall be extended to the day after the prescribed date.
4.—[Provisions consequential to the postponement of elections.]
(1) The Minister shall in every order made by him under this Act prescribing the date on which any statutory election is to be held also prescribe the date on which the first meeting of every council, body of Commissioners and other local body referred to in such order is to be held after such election.
(2) Every Council, body of Commissioners and other local body the statutory elections to which are postponed by or under this Act, shall hold its first meeting after such election on the date prescribed for that purpose by the Minister under this section and shall transact at such meeting all the business which such Council, Commissioners or other local body is by any statute order or regulation required to transact at an annual meeting or a quarterly meeting (as the case may be) held next after a statutory election.
(3) Such of the existing members of any board, committee, joint board or joint committee as nominated or elected by any council, body of Commissioners or other local body the statutory elections to which are postponed by or under this Act shall continue in office as such members until the day after the date on which the first meeting of such Council, body of Commissioners or other local body after the statutory election thereto is held pursuant to this section. (3) In this sub-section ‘existing’ means holding office on the prescribed date.
(4) Every Lord Mayor, Mayor, Chairman and Vice-Chairman of or appointed by any Council, body of Commissioners or other local body the statutory elections to which are postponed by or under this Act who is in office at the passing of this Act or on the prescribed date shall continue in office until but not after his successor shall have been duly elected at the first meeting of such Council, body of Commissioners or other local body after the statutory elections thereto and shall have made the declaration accepting office.
(5) In this section the expressions ‘annual meeting’ and ‘quarterly meeting’ respectively mean any annual meeting or quarterly meeting (as the case may be) the date of which is prescribed by or under the Local Government (Ireland) Act, 1898.
5.—[Casual vacancies to be filled by co-option.]
(1) Every casual vacancy which shall occur among the members of any borough council or urban district council or among the commissioners of any town after the passing of this Act and before the prescribed date and which but for this section might be filled by election may be filled by means of the choice of such council or commissioners of a person to fill the vacancy, but not otherwise, and any councillor or commissioner so chosen shall hold office in all respects as if he had been elected to fill the vacancy.
(2) Every casual vacancy among the members of any council or other local body the statutory elections to which are postponed by the Minister under this Act which shall occur after the date of an order postponing the statutory elections to such council or local body and before the prescribed date and which but for this section ought to be filled by election may be filled by means of the choice by such council or other local body of a person to fill the vacancy, and any councillor or member so chosen shall hold office in all respects as if he had been elected to fill the vacancy but not otherwise.
6.—[Exemption from penalties for resigning.]
(1) No councillor of any borough or councillor of an urban district or commissioner of a town who shall resign his office as such councillor or commissioner at any time after the passing of this Act and before the prescribed date shall be liable to any fine or other penalty for or on account of his so resigning his office.
(2) No councillor of a county or rural district council or member of any other local body the statutory elections to which are postponed by the Minister under this Act who shall resign his office as such councillor or member after the date of an order postponing the statutory elections to such council or body and before the prescribed date shall be liable to any fine or other penalty for or on account of his so resigning his office.
7.— [Computation of periods of office and time.] Every period of office or other period of time which is by any statute, order or regulation to be computed from the date of a statutory election (other than periods relating to the first meeting after a statutory election) shall in the case of every Council, body of Commissioners and other local body the statutory elections to which are postponed by or under this Act be computed from the date on which such statutory elections would have been held if this Act had not been passed and not from the date on which such statutory elections are actually held.
8.— [Adaptation of enactments.]
(1) Every provision of every statute, order or regulation relating to any statutory election which is postponed by or under this Act to any councillor, commissioner or member of a local body whose term of office is extended by or under this Act shall be construed as if the same had been modified to the extent (if any) and in the manner necessary to give effect to the provisions of this Act.
(2) If any doubt, dispute or question shall arise or in the opinion of the Minister be likely to arise as to the modification which is to be made under this section in the construction of any statute, order or regulation the Minister may be order specify the modification which is to be made therein.
9.— [Definitions.] In this Act—the expression ‘Borough’ includes ‘County Borough,’ the expression ‘Councillor’ includes ‘Alderman’; the word ‘existing’ when used in respect of a councillor of a borough council or urban district council or commissioner of a town means holding office at the date of the passing of this Act and when used in respect of a councillor of any other council or a member of any other local body means holding office at the date of the order postponing the statutory elections to such council or body; the expression ‘Statutory Election’ means an election to fill the places of councillors, commissioners or members of a local body retiring on the expiration of their term of office; the expression ‘Prescribed Date’ means the date prescribed under this Act by the Minister for the holding of the statutory elections to the council, body of commissioners or other local body to which the expression relates; the expression ‘The Minister’ means the Minister for Local Government; the expression ‘Local Body’ means any body whose accounts are required by or under any statute to be audited by an auditor appointed by the Minister; the word ‘Statute’ includes Act of the British Parliament having the force of law in Saorstát Eireann as well as Act of the Oireachtas.
10.— [Short Title.] This Act may be cited as the Local Elections Postponement Act, 1922. No. 5 of 1922. EXPIRING LAWS CONTINUANCE ACT, 1922. AN ACT TO CONTINUE CERTAIN EXPIRING LAWS. [21st December, 1922.]
WHEREAS the Acts mentioned in the First, Second and Third Schedules to this Act in so far as they are in force in Saorstát Eireann and are temporary in their duration are limited to expire as respects the Acts mentioned in the First Schedule to this Act on the 31st day of December 1922 as respects the Act mentioned in the Second Schedule to this Act on the 18th day of February 1923 in so far as same relates to tramways and on the 31st day of August 1923 in so far as the same relates to other matters and as respects the Act mentioned in the Third Schedule to this Act on the 15th day of February 1923: AND WHEREAS the Acts mentioned in the Fourth Schedule to this Act in so far as they were in force in Saorstát Eireann and were temporary in their duration expired on the 31st day of August 1922: AND WHEREAS it is expedient to provide for the revivor and continuance as in this Act mentioned of the Acts mentioned in the Schedules to this Act and of the enactments amending or affecting the same and that as respects the said Acts mentioned in the Fourth Schedule to this Act such revivor and continuance should be retrospective to the date on which such Acts expired as aforesaid:
BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— 1.—
[Continuance of Acts in Schedules.]
(1) The Acts mentioned in the First, Second and Third Schedules to this Act shall to the extent specified in Column 3 of those Schedules be continued until the 31st day of December 1923 and shall then expire unless further continued. (2) The Acts mentioned in the Fourth Schedule to this Act shall to the extent specified in Column 3 of that Schedule be continued until the 31st day of December 1923 and shall then expire unless further continued and the continuance effected by this sub-section shall be retrospective to the date on which such Acts expired so as to validate all acts and things purported to be done under such Acts respectively since that date but not so as to make illegal any act done between the date on which the said Acts expired and the date of the passing of this Act which would not have been illegal if this sub-section were not retrospective. (3) Any unrepealed enactments amending or affecting the enactments continued by this Act shall, in so far as they are temporary in their duration, be continued in like manner whether they are mentioned in the Schedule to this Act or not. 2.— [Short Title.] This Act may be cited as the Expiring Laws Continuance Act, 1922.
AN CHÉAD SCEIDEAL. FIRST SCHEDULE.
Session and Chapter. Short Title. How far Continued. Amending Acts. 3 & 4 Vict. c. 91 The Textile Manufactures (Ireland) Act, 1840 The whole Act 5 & 6 Vict. c. 68. 7 & 8 Vict. c. 47. 30 & 31 Vict. c. 60. 38 & 39 Vict. c. 86. 17 & 18 Vict. c. 102 The Corrupt Practices Prevention Act, 1854. So much as is continued by the Corrupt and Illegal Practices Prevention Act, 1883. 21 & 22 Vict. c. 87. 26 & 27 Vict. c. 29. 31 & 32 Vict. c. 125. 35 & 36 Vict. c. 33. 46 & 47 Vict. c. 51. 27 & 28 Vict. c. 20 The Promissory Notes (Ireland) Act, 1864. The whole Act — 28 & 29 Vict. c. 83 The Locomotives Act, 1865. The whole Act 59 & 60 Vict. c. 36. 1 & 2 Geo. 5, c. 45. 31 & 32 Vict. c. 125 The Parliamentary Elections Act, 1868. So much as continued by the Corrupt and Illegal Practices Prevention Act, 1883. 35 & 36 Vict. c. 33. 42 & 43 Vict. c. 75. 46 & 47 Vict. c. 51. 32 & 33 Vict. c. 21 The Corrupt Practices Commission Expenses Act, 1869. The whole Act 34 & 35 Vict. c. 61. 33 & 34 Vict. c. 112 The Glebe Loan (Ireland) Act, 1870. The whole Act 34 & 35 Vict. c. 100. 49 Vict. c. 6. 39 & 40 Vict. c. 21 The Jurors Qualification (Ireland) Act, 1876. The whole Act 57 & 58 Vict. c. 49. 61 & 62 Vict. c. 37. 43 & 44 Vict. c. 42 The Employers’ Liability Act, 1880. The whole Act — 46 & 47 Vict. c. 60 The Labourer (Ireland) Act, 1883. The whole Act 48 & 49 Vict. c. 72. 48 & 49 Vict. c. 77. 49 & 50 Vict. c. 59. 54 & 55 Vict. c. 48. 54 & 55 Vict. c. 71. 55 & 56 Vict. c. 7. 59 & 60 Vict. c. 53. 61 & 62 Vict. c. 37. 3 Edw. 7, c. 37. 6 Edw. 7, c. 37. 8 & 9 Geo. 5, c. 20. 9 & 10 Geo. 5, c. 55. 51 & 52 Vict. c. 55 The Sand Grouse Protection Act, 1888. The whole Act — 2 Edw. 7, c. 18 The Licensing (Ireland) Act, 1902. The whole Act — 3 Edw. 7, c. 36 The Motor Car Act, 1903. The whole Act 10 & 11 Geo. 5, c. 72. 4 Edw. 7, c. 24 The Wireless Telegraphy Act, 1904 The whole Act 6 Edw. 7, c. 13. 5 Edw. 7, c. 18 The Unemployed Workmen Act, 1905 The whole Act 9 Edw. 7, c. 7. 1 & 2 Geo. 5, c. 55 The National Insurance Act, 1911. Section 42, and so far as it relates to the powers of the Irish Insurance Commissioners to make orders affecting Section 42, Section 78. 3 & 4 Geo. 5, c. 37. 4 & 5 Geo. 5, c. 57. 4 & 5 Geo. 5, c. 81. 5 & 6 Geo. 5, c. 29. 7 & 8 Geo. 5, c. 62. 10 & 11 Geo. 5, c. 10. 4 & 5 Geo. 5, c. 3 The Grey Seals Protection Act, 1914. The whole Act — 5 & 6 Geo. 5, c. 4 The Land Drainage Act, 1914. As to the power of making provisional orders. 7 & 8 Geo. 5, c. 42. The Workmen’s Compensation (War Addition) Act, 1917. The whole Act 9 & 10 Geo. 5, c. 83. 9 & 10 Geo. 5, c. 45. The Housing (Ireland) Act, 1919. Section 17 9 & 10 Geo. 5, c. 99. 9 & 10 Geo. 5, c. 92. The Aliens Restriction (Amendment) Act, 1919. Section 1 — 10 & 11 Geo. 5, c. 57. The Unemployment (Relief Works) Act, 1920. The whole Act —
AN DARA SCEIDEAL. SECOND SCHEDULE.
Session and Chapter. Short Title. How far Continued. Amending Acts. 8 & 9 Geo. 5, c. 34. The Statutory Undertakings (Temporary Increase of Charges) Act, 1918. The whole Act 10 & 11 Geo. 5, c. 14
AN TREAS SCEIDEAL. THIRD SCHEDULE.
Session and Chapter. Short Title. How far Continued. Amending Acts. 10 & 11 Geo. 5, c. 21. The Harbours, Docks and Piers (Temporary Increases of Charges) Act, 1920. The whole Act —
AN CEATHRÚ SCEIDEAL. FOURTH SCHEDULE.
Session and Chapter. Short Title. How far Continued. Amending Acts. 6 & 7 Geo. 5, c. 12. The Local Government (Emergency Provisions) Act, 1916. Section 5, except paragraph (a); Sections 6, 13, 21 and 23. 7 & 8 Geo. 5, c. 14. 7 & 8 Geo. 5, c. 30. The Local Government (Allotments and Land Cultivation) (Ireland) Act, 1917. The whole Act 10 Geo. 5, c. 5.