26 1936

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Number 26 of 1936.


SEANAD EIREANN (CONSEQUENTIAL PROVISIONS), ACT, 1936.


ARRANGEMENT OF SECTIONS

Section

1.

Cesser of statutory references to Seanad Eireann.

2.

Adaptation of statutory references to the Houses of the Oireachtas.

3.

Amendment of the Private Bill Costs Act, 1924.

4.

Power of the Executive Council to make statutory adaptations and modifications.

5.

Extent and application of general adaptations and modifications.

6.

Repeals.

7.

Short title.

FIRST SCHEDULE

SECOND SCHEDULE


Act Referred to

Private Bill Costs Act, 1924

No. 52 of 1924

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Number 26 of 1936.


SEANAD EIREANN (CONSEQUENTIAL PROVISIONS), ACT, 1936.


AN ACT TO MAKE OR PROVIDE FOR THE MAKING OF SUCH AMENDMENTS OF THE LAW AND SUCH ADAPTATIONS AND MODIFICATIONS OF ACTS OF THE OIREACHTAS AND INSTRUMENTS MADE THEREUNDER AS MAY BE NECESSARY IN CONSEQUENCE OF THE ABOLITION OF SEANAD EIREANN AS A CONSTITUENT HOUSE OF THE LEGISLATURE CREATED BY ARTICLE 12 OF THE CONSTITUTION [3rd July, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

Cesser of statutory references to Seanad Eireann.

1. —Subject and without prejudice to the specific repeals of Acts or parts of Acts of the Oireachtas made by this Act, every mention or reference contained in any Act of the Oireachtas of or to Seanad Eireann, or the Seanad, or of or to the Cathaoirleach or the Leas-Cathaoirleach of Seanad Eireann, or of or to a member or members of Seanad Eireann or of the Seanad shall cease to have effect.

Adaptation of statutory references to the Houses of the Oireachtas.

2. —(1) Subject and without prejudice to the specific amendments in and repeals of Acts or parts of Acts of the Oireachtas made by this Act or by any order made under this Act, every mention or reference contained in any Act of the Oireachtas of or to both Houses of the Oireachtas, or either House of the Oireachtas shall be construed and take effect as a mention of or reference to Dáil Eireann.

(2) Whenever any Act of the Oireachtas requires anything to be done by both Houses of the Oireachtas or either House of the Oireachtas, such thing may (subject and without prejudice to the specific amendments in and repeals of Acts or parts of Acts of the Oireachtas made by this Act) be done by Dáil Eireann and shall, if and when so done, have the same force and effect for the purposes of such Act as if done (as the case may require) by both Houses of the Oireachtas, or by either House of the Oireachtas.

Amendment of the Private Bill Costs Act, 1924 .

3. —The Private Bill Costs Act, 1924 (No. 52 of 1924), shall be construed and have effect as if the sections and sub-sections thereof mentioned in the first column of the First Schedule to this Act were respectively amended in the manner set out in the second column of that Schedule opposite the mention of each such section and sub-section respectively in the said first column.

Power of the Executive Council to make statutory adaptations and modifications.

4. —(1) Whenever the Executive Council are of opinion that, in consequence of the abolition of Seanad Eireann as a constituent House of the Legislature created by Article 12 of the Constitution, any general or specific adaptation of or modification in any Act (whether public or private) of the Oireachtas is necessary to enable such Act to have full force and effect, the Executive Council may, from time to time, by order make all such general or specific adaptations of or modifications in any such Act as are in the opinion aforesaid necessary to enable such Act to have full force and effect.

(2) Any such adaptation or modification as is mentioned in the next preceding sub-section of this section may be made notwithstanding that such adaptation or modification, (as the case may be) is covered or effected by any general adaptation or modification made by this Act, but no adaptation or modification shall be made under this section which is inconsistent with any adaptation or modification made by this Act.

(3) The power conferred by this section on the Executive Council of adapting or modifying Acts of the Oireachtas shall extend and apply to every order, regulation, or other instrument made under any such Act.

Extent and application of general adaptations and modifications.

5. —Every general adaptation or modification made by this Act of Acts of the Oireachtas shall extend and apply to—

(a) private as well as public Acts of the Oireachtas, and

(b) every order, regulation, or other instrument made under any such Act.

Repeals.

6. —The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Short title.

7. —This Act may be cited as the Seanad Eireann (Consequential Provisions) Act, 1936.

FIRST SCHEDULE.

Amendments of the Private Bill Costs Act, 1924 .

Section and Subsection Amended

How Amended

Section 1.

(a) By the deletion in paragraph (a) of the said section of the word “jointly” and the words “and. Seanad Eireann”;

(b) by the deletion in paragraph (c) of the said section of the word “Joint” and the words “and Seanad Eireann”.

Section 2.

By the deletion of the words “either House of the Oireachtas or a committee of either such House or a joint committee of both such Houses” and the insertion in lieu thereof of the words “Dáil Eireann or a committee of Dáil Eireann”.

Section 3, subsection (1).

By the deletion of the word “Joint” and the words “and Seanad Eireann”.

Section 4.

(a) By the deletion of the words “either House of the Oireachtas or a joint committee of both such Houses” and the insertion in lieu thereof of the words “Dáil Eireann”;

(b) by the deletion in paragraphs (b) and (d) of the said section of the word “jointly” and the words “and Seanad Eireann”;

(c) by the deletion in paragraph (c) of the said section of the word “Joint” and the words “and Seanad Eireann”.

Section 5.

(a) By the deletion of the words “either House of the Oireachtas or a joint committee of both such Houses” wherever those words occur and the insertion in lieu of the words so deleted of the words “Dáil Eireann”;

(b) by the deletion in paragraph (d) of the said section of the word “jointly” and the words “and Seanad Eireann”.

Section 6, subsection (1).

(a) By the deletion of the words “and the Cathaoirleach of Seanad Eireann”;

(b) by the deletion of the words “them jointly,” and the insertion in lieu thereof of the word “him”;

(c) by the deletion of the words “either House of the Oireachtas or a committee of either such House or a joint committee of both such Houses” and the insertion in lieu thereof of the words “Dáil Eireann or a committee of Dáil Eireann”.

Section 6, subsection (2).

By the deletion of the words “each House of the Oireachtas,” the words “either such House,” and the words “such House” and the insertion (in every case) of the words “Dáil Eireann” in lieu of the words so deleted.

Section 7.

(a) By the deletion of the word “jointly” and the words “and Seanad Eireann” wherever those words occur in the expression “jointly by Dáil Eireann and Seanad Eireann”;

(b) by the deletion of the words “or the Cathaoirleach of Seanad Eireann”.

SECOND SCHEDULE.

Enactments Repealed.

No. and Year

Short Title

Extent of Repeal

No. 12 of 1923

The Electoral Act, 1923 .

Part VII; so much of section 65 as includes a Seanad election within the meaning of the word “election”; (if and so far as unrepealed) all references to Seanad elections and Seanad electors.

No. 18 of 1923.

The Oireachtas (Payment of Members) Act, 1923 .

Paragraphs (c) and (d) of sub-section (2) of section 2 ; paragraph (b) of subsection (1) of section 3 ; in subsection (2) of section 3 , the words “and the Cathaoirleach if Seanad Eireann”; in subsection (1) of section 6 , the paragraph commencing with the words “the words” and ending with the word “nominated”.

No. 38 of 1923.

The Prevention of Electoral Abuses Act, 1923 .

So much of section 56 as includes a Seanad election within the meaning of the word “election”; all references (if and so far as unrepealed) to Seanad elections, Seanad electors and Seanad Eireann.

No. 29 of 1928.

The Seanad Electoral Act, 1928 .

The whole Act

No. 1 of 1930.

The Seanad Bye-elections Act, 1930 .

The whole Act.

No. 14 of 1933.

The Electoral Amendment Act, 1933.

Section 4 .

No. 50 of 1933.

Oireachtas (Payment of Members) Act, 1933 .

Paragraph (b) of subsection (3) of section 3 ; the words “and in every such case” and the words “or the Cathaoirleach (as the case may be)” where those words occur in the said subsection (3) of section 3 .