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21 1939

AIR-RAID PRECAUTIONS ACT, 1939

PART III.

Powers and Duties of Essential Undertakers.

Duty of essential undertakers to prepare schemes.

37. —(1) It shall be the duty of any essential undertaker, when required by the Minister so to do, to prepare and submit, within such time as the Minister may direct, to the Minister as regards the undertaking a scheme (in this Act referred to as an air-raid precautions (essential undertaker's) scheme) in respect of the following matters, that is to say:—

(a) the continued functioning of the undertaking in the event of attack from the air;

(b) the designation of the persons by whom the arrangements contained in the scheme are to be carried out.

(2) Air-raid precautions (essential undertaker's) schemes shall in particular contain provisions in respect of such matters as may be prescribed by regulations made by the Minister under this Part of this Act, but the Minister may, as regards any particular essential undertaker exempt such essential undertaker from the duty to include in such scheme any matter so prescribed, and thereupon such essential undertaker shall not be required to include provisions in respect of that matter.

(3) In making regulations in relation to any matter referred to in sub-section (2) of this section as prescribed, the Minister may make different regulations in respect of different classes of essential undertakers.

Approval, effect, revocation and amendment of air-raid precautions (essential undertaker's) schemes.

38. —(1) When an air-raid precautions (essential undertaker's) scheme is submitted to the Minister under this Part of this Act, the Minister may, with or without modifications, approve thereof, and such scheme shall, upon being so approved, come into force on such date as may be specified in such scheme as so approved, and different dates may be so specified for different provisions of such scheme.

(2) Where an air-raid precautions (essential undertaker's) scheme is submitted by an essential undertaker to the Minister under this Part of this Act, the Minister may, in lieu of approving of such scheme, require such undertaker to prepare, in accordance with any directions given by the Minister, a new air-raid precautions (essential undertaker's) scheme and submit it to him.

(3) The Minister may at any time revoke an air-raid precautions (essential undertaker's) scheme which is in force.

(4) Any air-raid precautions (essential undertaker's) scheme in force may be amended by a subsequent air-raid precautions (essential undertaker's) scheme submitted and approved in the same manner as the original scheme.

(5) Where an air-raid precautions (essential undertaker's) scheme is in force the essential undertaker by whom such scheme was submitted shall, if so required by the Minister, prepare and submit to the Minister a scheme for the amendment thereof in accordance with any directions given by the Minister.

Duty of essential undertakers and their officers and servants to carry out Act and air-raid precautions schemes.

39. —(1) It shall be the duty of every essential undertaker to discharge such functions as may be imposed on him by or under this Part of this Act or any air-raid precautions (essential undertaker's) scheme in force and to ensure that officers and servants of such essential undertaker fulfil such functions as may be assigned to them by or under this Act or any air-raid precautions (essential undertaker's) scheme in force.

(2) It shall be the duty of officers and servants of essential undertakers to fulfil such functions as may be assigned to them by or under this Act or any air-raid precautions (essential undertaker's) scheme in force.

Duty of essential undertakers to assist in arrangements for evacuation of civil population.

40. —It shall be the duty of every essential undertaker, at the request and in accordance with the directions of the Minister, to collect and furnish to him such information as he may require for the purpose of assisting the preparation by the Government of plans for the transference of members of the civil population from one area to another in the event of attack from the air.

Penalty for default by essential undertakers and their officers and servants.

41. —(1) If any essential undertaker fails to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by or under this Part of this Act, such essential undertaker shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, and if the failure in respect of which such essential undertaker was so convicted continues after the conviction such essential undertaker shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the offence continues.

(2) If any officer or servant of an essential undertaker fails to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by or under this Part of this Act, such officer or servant shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.

Bye-laws by essential undertakers.

42. —Where an essential undertaker is by any Act or statutory order authorised to make bye-laws for or in relation to the care and management of the undertaking such undertaker may, with the consent of the Minister and the concurrence of the Minister for Industry and Commerce, make bye-laws in relation to any functions imposed on such undertaker by this Part of this Act or any air-raid precautions (essential undertaker's) scheme, and such bye-laws may provide for a penalty for the breach thereof of an amount not exceeding the maximum amount specified in that regard in the statute or order under which the bye-laws of such undertaker generally are made.

Acquisition of land by essential undertakers.

43. —(1) Any essential undertaker may for the purposes of this Part of this Act do, with the consent of the Minister given after consultation with the Minister for Industry and Commerce, all or any of the following things, that is to say:—

(a) acquire (either compulsorily or by agreement) any land;

(b) acquire (either compulsorily or by agreement) any easement or other right whatsoever existing over or in respect of any land or water.

(2) The provisions of sub-sections (2) to (7) of section 17 (which relates to acquisition of land by local authorities for purposes of air-raid precautions schemes) and section 18 (which relates to payment and ascertainment of compensation for land acquired by local authorities) of this Act shall apply in respect of land or rights acquired by essential undertakers under this section as if enacted herein with the substitution of references to an essential undertaker for reference to a local authority.

Expenditure by essential undertakers.

44. —(1) Any essential undertaker may incur expenditure for any of the purposes for which an air-raid precautions (essential undertaker's) scheme may be prepared under this Act, whether or not such expenditure is incurred in carrying out the provisions of such a scheme, and any such expenditure shall be expenditure towards which the income or other moneys of such essential undertaker shall be applicable, notwithstanding any restriction or limitation on the application of such income or other moneys imposed by any other Act or statutory order.

(2) Notwithstanding any restriction or limitation imposed by any other Act or statutory order any essential undertaker may borrow money for the purposes of this Act.

(3) All expenses incurred since the 30th day of September, 1938, and before the passing of this Act by an essential undertaker for the purposes of this Act shall be deemed to have been lawfully incurred.

Removal of restrictions on powers of essential undertakers.

45. —The powers and duties conferred or imposed on an essential undertaker by or under this Act or any air-raid precautions (essential undertaker's) scheme in force, shall be exercisable and performable by such essential undertaker notwithstanding any obligations, duties or restrictions imposed on such essential undertaker by any other enactment or any order having statutory force.

State grants to essential undertakers.

46. —The Minister with the concurrence of the Minister for Finance shall, out of moneys provided by the Oireachtas, pay towards such expenditure by an essential undertaker under this Part of this Act as may be approved by the Minister in accordance with regulations to be made under this Part of this Act grants not exceeding fifty per cent. of such approved expenditure.

Repayment by essential undertakers of State grants in respect of acquisition of land.

47. —(1) Where any land or other right which has been acquired by an essential undertaker for the purposes of this Part of this Act ceases in the opinion of the Minister to be required for such purposes, such essential undertaker shall on demand pay to the Minister such sum (not exceeding the amount of the grant made by the Minister under the immediately preceding section in respect of such acquisition) as the Minister, after consultation with the Minister for Industry and Commerce, thinks fit.

(2) Any moneys payable to the Minister under this section shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(3) Any moneys paid to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Regulations for purposes of Part III.

48. —The Minister may, with the concurrence of the Minister for Finance, make regulations in relation to all or any of the following matters, that is to say:—

(a) any matter or thing referred to in this Part of this Act as prescribed or to be prescribed by regulations made by the Minister under this Part of this Act;

(b) the approval by the Minister of expenditure of essential undertakers incurred for the purposes of air-raid precautions (essential undertaker's) schemes, or incurred, with the concurrence of the Minister, otherwise than in pursuance of air-raid precautions schemes, for the protection of persons and property from injury or damage in the event of attack from the air, and in particular as to the manner in which any such expenditure is to be estimated for the purpose of being so approved,

any such regulations may permit the approval of expenditure incurred after the 30th day of September, 1938.