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21 1939

AIR-RAID PRECAUTIONS ACT, 1939

PART V.

Miscellaneous Provisions.

Requisition of premises by the Commissioners of Public Works in Ireland.

57. —(1) Whenever it appears to the Minister that, in view of the imminence of an emergency involving the possibility of an attack from the air, it is expedient so to do, he may by order under this sub-section declare that the provisions of sub-section (3) of this section shall come into operation and whenever any such order is made the provisions of sub-section (3) of this section shall come into force and remain in force until such order is revoked.

(2) The Minister may by order under this sub-section revoke any order made under the immediately preceding sub-section.

(3) The Commissioners of Public Works in Ireland (in this section referred to as the Commissioners) may take and retain possession of any premises which in the opinion of the Commissioners should, in order to meet the emergencies of the situation which would arise in the event of hostile attack from the air, be rendered available for use by any Minister of State or other persons acting on behalf of the State in a civil capacity.

(4) Where the Commissioners are authorised by the immediately preceding sub-section to take possession of any premises the Commissioners may for the purpose of taking such possession remove or require the occupier to remove any property which is in those premises, and may take such other steps as may be necessary for putting those premises in a condition which will enable them to be used for the purpose intended.

(5) If—

(a) the occupier of any premises refuses to move from such premises any property when required to do so by the Commissioners under the immediately preceding sub-section, or

(b) any person obstructs or interferes with any person acting on behalf of the Commissioners in the exercise of the powers conferred on them under this section,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(6) Where possession is taken of any premises under this section there shall be paid out of moneys provided by the Oireachtas such compensation to such persons as the Oireachtas may hereafter determine.

State grants in respect of provision of air-raid shelter by certain employers.

58. —(1) Subject to the provisions of this section there shall be paid out of moneys provided by the Oireachtas to every person who incurs expenses of a capital nature in providing or securing the provision of, in any county borough or in a scheduled urban area, within the meaning of Part II of this Act, air-raid shelter of a type approved by the Minister for persons employed by such person (otherwise than in a building wholly or mainly occupied as a school, college, hotel, restaurant, club, place of public entertainment or amusement, hospital or nursing home), a grant equal to the appropriate proportion of so much of those expenses as the Minister considers reasonable.

(2) In sub-section (1) of this section—

the expression “persons employed” does not include—

(a) persons employed as domestic servants.

(b) persons otherwise employed in or for so much of a building as is used for domestic purposes;

the expression “the appropriate proportion” means an amount in the pound equal to the standard rate of income-tax for the year beginning on the 6th day of April, 1939.

(3) No grant shall be paid under this section in respect of expenses incurred in providing or securing the provision of air-raid shelter unless either—

(a) the shelter has been provided before the 1st day of January, 1940, or such later date as the Minister, after consultation with the Minister for Finance, may, in any particular case, fix; or

(b) work on the shelter is on the 31st day of December, 1939, in progress, and the Minister is satisfied that the shelter will be provided within a reasonable time thereafter;

and no expenses shall be deemed for the purposes of this section to be reasonable in so far as they exceed such standard as may be prescribed by regulations (which the Minister is hereby authorised to make) made by the Minister with the consent of the Minister for Finance, unless they were incurred in circumstances so prescribed.

Relief of air-raid protection works from rates.

59. —(1) The following provisions of this section shall have effect so as to provide for relief from rates in respect of certain works undertaken with a view to the protection of persons and property from injury or damage in the event of attack from the air (in this section referred to as “air-raid protection”).

(2) In ascertaining under the Valuation Acts the valuation of a hereditament, no regard shall be had-—

(a) to any room or other part of the hereditament which has been added at any time after the hereditament was first assessed or was included in the hereditament before it was assessed, solely for the purpose of affording air-raid protection and which is not occupied or used for any other purpose;

(b) to any structural alterations or improvements to the hereditament (not being the addition of any such room or other part as aforesaid) made at any time after the hereditament was first assessed solely for the purpose of affording air-raid protection.

(3) No person shall in respect of any period be liable to pay rates in respect of a hereditament which is intended to be occupied and used solely for the purpose of affording air-raid protection, and which is not occupied or used for any other purpose, or be deemed to be in occupation thereof for rating purposes, and notwithstanding anything in the Valuation Acts no such hereditament shall be included in any rate made in respect of any period.

(4) The fact of any such room or other part of a hereditament as is referred to in paragraph (a) of sub-section (2) of this section, or of any such hereditament as is referred to in the last foregoing sub-section, having been occupied or used for any purpose other than that of affording air-raid protection shall, for the purpose of the Valuation Acts, be a reason affecting the valuation of the hereditament.

Provision by the Minister of services, training and air-raid precautions equipment.

60. —(1) The Minister with the concurrence of the Minister for Finance may, out of moneys provided by the Oireachtas, provide such services, train such persons, and acquire such air-raid precautions equipment, as he considers necessary for the purposes of affording protection to persons and property in the event of attack from the air, and lend, supply free of charge or sell any such equipment.

(2) This section shall be deemed to have come into operation on the 31st day of March, 1937.

Regulations as to storage, etc., of air-raid precautions equipment.

61. —(1) 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) the storage of air-raid precautions equipment acquired by him under this Act, and lent or supplied free of charge (whether before or after the passing of this Act);

(b) the loan, supply free of charge, and sale of such equipment.

(2) If any person contravenes (whether by act or omission) any provision in any regulations made under this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Penalty for damaging air-raid precautions equipment.

62. —(1) If any person wilfully damages or causes or permits to be damaged any air-raid precautions equipment, which is lent or supplied to him free of charge under this Act or which is under his control for the purposes of this Act, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, and, in addition to such fine, to pay to the Minister such sum as the court thinks just for the purpose of making good any such damage.

(2) 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.

Regulation of importation and sale of air-raid precautions equipment.

63. —(1) The Minister may, whenever and so often as he thinks fit, by order do either or both of the following things, that is to say:—

(a) regulate (including prohibit) the importation of any article (being an article of air-raid precautions equipment) specified in such order, in such manner as the Minister thinks proper;

(b) regulate (including prohibit) the sale of any article (being an article of air-raid precautions equipment) specified in such order, in such manner as he thinks proper.

(2) The Minister may by order revoke or amend any order made by him under this section (including this sub-section).

(3) If any person contravenes or attempts to contravene any provision contained in an order made under this section and for the time being in force such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(4) Articles prohibited to be imported by an order made under this section shall be deemed to be included amongst the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

(5) Every order made by the Minister 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 such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

Compensation in the event of injury to persons engaged in air-raid precautions activities.

64. —(1) This section applies to personal injuries sustained in the course of being trained or exercised or of training or exercising others, in respect of air-raid precautions, being injuries sustained in time of peace by such persons and in such circumstances as may be specified in a scheme made under sub-section (2) of this section.

(2) The Minister for Finance may make a scheme providing for the payment out of moneys provided by the Oireachtas to, or to the dependants of, persons who suffer injuries to which this section applies of such periodical or lump sums as may be specified in the scheme.

(3) A scheme under sub-section (2) of this section may be revoked or varied by a subsequent scheme made thereunder.

(4) Where any injury to which this section applies is sustained by any person, no compensation or damages shall be payable in respect of that injury, whether under any Act, or at common law, by the employer of the injured person or by any person who is training or exercising, or being trained or exercised together with, the injured person.

(5) In this section the expression “personal injury” includes any personal injury resulting in death.

Removal of pictures from the National Gallery.

65. —The Governors and Guardians of the National Gallery of Ireland may with the object of protecting pictures in the National Gallery of Ireland from injury by attack from the air remove from the National Gallery such pictures or any of them to such place or places as they think fit and keep any pictures so removed at such place or places for such period as they think fit.