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7 1925

POLICE FORCES AMALGAMATION ACT, 1925

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.