Air-Raid Precautions (Amendment) Act, 1946

What is this act about?

This law amends and expands the Air-Raid Precautions Act of 1939, primarily focusing on the duties of local authorities and hospitals regarding air-raid precautions and the management of medical supplies.

Who it applies to: Local authorities, their officers, and servants; Hospitals and their governing bodies, officers, and servants.

At a glance

Country: Ireland
Area of law: Health and pharmaceutical law
Articles: 9
Source: irishstatutebook.ie
Text retrieved: 2026-06-17
Explanation updated: 2026-07-07

What does this act regulate?

The duties of local authorities concerning the transfer, accommodation, maintenance, and welfare of the civil population during air raids.
The issuance, use, custody, and return of medical stores by the Minister to hospitals.
The provision of air-raid precautions by hospitals and the recoupment of associated expenditure.
Compensation for personal injuries sustained by members of air-raid precaution services during training or duty.

Who does this act apply to?

Local authorities, their officers, and servants.
Hospitals and their governing bodies, officers, and servants.
Authorised members of air-raid precautions services.

What are the key points?

Local authorities must perform duties related to the civil population's transfer and welfare as directed by the Minister, and their expenditure for this purpose will be recouped from Oireachtas funds.
The Minister can issue medical stores (drugs, surgical dressings, hospital equipment) to hospitals, which must accept them and use them under specified conditions.
Hospitals are responsible for the safe custody and proper storage of issued medical stores and must report any loss, damage, or defect.
Hospitals can be recouped up to one-third of their expenditure for air-raid precautions, with the relevant local authority contributing an equal amount to the recoupment.

Health and pharmaceutical law

Mental Treatment Act, 1953

Children's Health Act 2018

Local Authorities (Miscellaneous Provisions) Act, 1936

Mental Health Act 20266

Health (Miscellaneous Provisions) Act 2022

Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1954

Chemicals (Amendment) Act 2010

Health Act 2004

Health and pharmaceutical law

Legal text

Contents (9)

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9

Air-Raid Precautions (Amendment) Act, 1946 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1946 Air-Raid Precautions (Amendment) Act, 1946 Air-Raid Precautions (Amendment) Act, 1946 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 28 of 1946.

AIR-RAID PRECAUTIONS (AMENDMENT) ACT, 1946.

ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Amendment of section 28 of the Principal Act.

Section 3

Amendment of section 34 of the Principal Act.

Section 4

Amendment of section 35 of the Principal Act.

Section 5

Amendment of section 64 of the Principal Act.

Section 6

Issse of medical stores to Hospitals.

Section 7

Provision of air-raid precautions by hospitals.

Section 8

Repeal.

Section 9

Short title, commencement and collective citation.

Acts Referred to Air-raid Precautions Act, 1939 No. 21 of 1939 Public Hospitals Act, 1933 No. 18 of 1933 Number 28 of 1946.

AIR-RAID PRECAUTIONS (AMENDMENT) ACT, 1946.

AN ACT TO AMEND AND EXTEND THE AIR-RAID PRECAUTIONS ACT, 1939 . [4th December, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation.

1.—(1) In this Act— the expression “the Principal Act” means the Air-raid Precautions Act, 1939 (No. 21 of 1939); the expression “the Minister” means the Minister for Defence.

(2)This Act shall be construed as one with the Principal Act.

Amendment of section 28 of the Principal Act.

2.—

Section 28

of the Principal Act is hereby amended by the insertion at the end thereof of the following additional subsection— “(3) (a) In addition to the duties mentioned in subsection (1) of this section, it shall be the duty of every local authority, its officers and servants to perform such duties in connection with the transference of members of the civil population and their accommodation, maintenance, and welfare as the Minister, after consultation with the Minister for Local Government and Public Health, may direct, and a local authority may for this purpose incur expenditure. (b) Where a local authority incurs expenditure under paragraph (a) of this subsection, such expenditure shall be recouped, out of moneys provided by the Oireachtas, to such extent as the Minister, with the consent of the Minister for Finance, may determine. (c) No grant shall be made under section 35 of this Act in respect of expenditure incurred by a local authority under paragraph (a) of this subsection.”.

Amendment of section 34 of the Principal Act.

3.—Subsection (4) of section 34 of the Principal Act is hereby amended by the substitution of the words “off any borough” for the words “of any borough”.

Amendment of section 35 of the Principal Act.

4.—

Section 35

of the Principal Act is hereby amended by the insertion at the end thereof of the words “or, in the case of any such approved expenditure which is expenditure on the provision of food and rest centres, grants not exceeding the amount thereof”.

Amendment of section 64 of the Principal Act.

5.—(1)

Section 64

of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1), that is to say— “(1) This section applies to personal injuries sustained, while the State is not engaged in any war, by authorised members of an air-raid precautions service, established under a scheme approved by the Minister under section 13 or section 38 of this Act, while being trained or exercised or training or exercising others in the duties of such service or while otherwise on duty as such members.”.

(2)The Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 ( S. R. & O., No. 319 of 1942 ), as amended by the Air-raid Precautions Services (Compensation for Personal Injuries) Scheme, 1942 (First Amendment) Scheme, 1943 ( S. R. & O., No. 415 of 1943 ), (which said Schemes were made under section 64 of the Principal Act, as amended by the Emergency Powers (No. 99) Order, 1941 (S.R.&O., No. 340 of 1941) ), shall continue in force and have effect as if made under section 64 of the Principal Act, as amended by subsection (1) of this section.

(3)The expression “public moneys” where it occurs in the Military Service Pensions Acts, 1924 to 1945, shall be construed as not including any moneys payable under a scheme made under section 64 of the Principal Act, as amended by subsection (1) of this section.

Issse of medical stores to Hospitals.

6.—(1) In this section the expression “medical stores” means articles which are— (a) drugs, or (b) surgical dressings, or (c) equipment for use in hospitals.

(2)(a) The Minister may, after consultation with the Minister for Local Government and Public Health, from time to time issue to the governing body of any hospital any medical stores which he has at his disposal. (b) Where medical stores are issued to the governing body of a hospital under this subsection, such governing body shall accept such medical stores.

(3)The following provisions shall have effect in relation to any medical stores issued (whether before, on, or after the 2nd day of September, 1946) by the Minister to the governing body of a hospital, that is to say— (a) such medical stores shall not be used except for such purposes and under such conditions as the Minister may from time to time direct, (b) such governing body shall be responsible for the safe custody of such medical stores and for their storage with due care, and, where instructions are given by the Minister with regard to the custody and storage of such medical stores, such governing body shall comply with the instructions, (c) such governing body shall, if so required by the Minister, return to the Minister such medical stores or any specified part thereof, (d) such governing body shall, at the request of any person authorised by the Minister, afford such person all facilities for inspecting such medical stores, (e) if such medical stores are lost or become damaged or defective such governing body shall report the fact without delay to the Minister together with details of the circumstances in which such loss, damage or defect occurred, (f) such governing body shall cause such medical stores to be inspected by a registered medical practitioner in their service, periodically and at such other times as the Minister may direct, with a view to ascertaining the quantity for the time being in their possession or whether such medical stores have become damaged or defective.

(4)If, on or after the date of the passing of this Act, the governing body of any hospital fails to comply with any of the obligations imposed on it or to perform any of the functions assigned to it by or under this section, such governing body shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and if the failure, in respect of which such governing authority was so convicted, continues after the conviction, such governing body shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the offence continues.

(5)If, on or after the date of the passing of this Act, any officer or servant of the governing body of a hospital fails to comply with any of the obligations imposed on him, or to perform any of the functions assigned to him, by the governing body for the purposes of this section, such officer or servant shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6)The provisions of this section shall have effect notwithstanding anything to the contrary which may be contained in any Act, order, bye-law or charter.

(7)Where the governing body of a hospital incurs expenditure for the purpose of this section, such expenditure shall be recouped, out of moneys provided by the Oireachtas, to such extent as the Minister, with the consent of the Minister for Finance, may determine.

Provision of airraid precautions by hospitals.

7.—(1) In this section— the expression “hospital to which this section applies” means any hospital within the meaning of the Public Hospitals Act, 1933 (No. 18 of 1933), which is situate in, or not more than one statute mile from, a county borough or a scheduled urban area; the expression “controlling authority” means, in relation to a hospital to which this section applies, the local authority, board, committee or joint committee, or other body having the control and management of the hospital.

(2)Where the controlling authority of a hospital to which this section applies incurs expenditure in making provision for the protection of the hospital, its patients, or its staff from damage or injury in the event of attack from the air or for the minimising of such damage or injury, such expenditure may be recouped, out of moneys provided by the Oireachtas, to such extent (not exceeding one-third of such expenditure) as the Minister, with the consent of the Minister for Finance, may determine.

(3)(a) Where a recoupment is made under subsection (2) of this section in respect of expenditure incurred by the controlling authority of a hospital to which this section applies, the scheme-making local authority within whose functional area the hospital is situate shall contribute towards such expenditure an amount equal to the amount of the recoupment. (b) Subsections (3), (4), (5) and (6) of section 34 of the Principal Act shall apply to expenses incurred under this subsection in like manner as the said subsections apply to expenses incurred under Part II of the Principal Act.

(4)No grant shall be made under section 35 of the Principal Act in respect of any expenditure to which a contribution is made under subsection (2) of this section.

Repeal.

8.—

Section 29

of the Principal Act is hereby repealed.

Short title, commencement and collective citation.

9.—(1) This Act may be cited as the Air-raid Precautions (Amendment) Act, 1946.

(2)This Act (except section 2) shall be deemed to have come into operation on the 2nd day of September, 1946.

(3)The Principal Act and this Act may be cited together as the Air-raid Precautions Acts, 1939 and 1946.

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