Emergency Powers (Continuance and Amendment) Act, 1942

In short

This law extends and modifies the Emergency Powers Act of 1939 to ensure public safety and preserve the state during wartime. It specifically continues the 1939 Act until September 2, 1943, unless ended earlier by the Government.

What it regulates

The duration of the Emergency Powers Act, 1939.
The ability to amend Government orders and subsidiary instruments, including with retrospective effect.
Penalties for non-compliance with certain orders under the Principal Act.
The delegation of powers and duties by Ministers.

Who it concerns

The Government and Ministers, regarding their powers and duties under the Emergency Powers Act, 1939.
Irish citizens or those ordinarily resident in the State, and others who commit offenses under the Principal Act.

Key points

The Principal Act (Emergency Powers Act, 1939) will remain in force until September 2, 1943, unless the Government declares an earlier end date.
Government orders and subsidiary instruments can be amended retrospectively, but not to make past acts illegal that were not illegal at the time.
Penalties for offenses under section 5 of the Principal Act can include fines up to five hundred pounds or imprisonment up to twelve months on summary conviction, or fines up to five thousand pounds or penal servitude up to ten years on indictment.
A new offense is created for continued non-compliance with certain orders, carrying a fine not exceeding ten pounds per day or imprisonment not exceeding twelve months.
Ministers can delegate their powers or duties to another Minister or a Parliamentary Secretary with the Government's consent.

Legal text

Emergency Powers (Continuance and Amendment) Act, 1942 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.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1942 Emergency Powers (Continuance and Amendment) Act, 1942 Emergency Powers (Continuance and Amendment) Act, 1942 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 19 of 1942. EMERGENCY POWERS (CONTINUANCE AND AMENDMENT) ACT, 1942. ARRANGEMENT OF SECTIONS PART I. Preliminary. Section 1. Short title. 2. The Principal Act. 3. Repeal of the Emergency Powers (Continuance) Act, 1941. PART II. Continuance of the Principal Act. 4. Continuance of the Principal Act. PART III. Amendment and Extension of the Principal Act. 5. Definitions in Part III. 6. General powers of the Government under section 2 of the Principal Act. 7. Retrospective amendment of Government orders and subsidiary instruments. 8. Amendment of section 5 of the Principal Act. 9. Penalty for continued non-compliance with certain orders. 10. Amendment of section 6 of the Principal Act. 11. Duration of Part III. 12. Collective citation of Emergency Powers Acts, 1939 and 1940, and Part III. Acts Referred to Emergency Powers Act, 1939 No. 28 of 1939 Emergency Powers (Continuance) Act, 1941 No. 16 of 1941 Number 19 of 1942. EMERGENCY POWERS (CONTINUANCE AND AMENDMENT) ACT, 1942. AN ACT TO EXTEND, FOR THE PURPOSE OF SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF WAR, THE PERIOD DURING WHICH THE EMERGENCY POWERS ACT, 1939 , SHALL REMAIN IN FORCE AND TO AMEND AND EXTEND THE SAID ACT FOR THE PURPOSE AFORESAID. [29th July, 1942.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary. Short title. 1.—This Act may be cited as the Emergency Powers (Continuance and Amendment) Act, 1942. The Principal Act. 2.—In this Act the expression “the Principal Act” means the Emergency Powers Act, 1939 (No. 28 of 1939). Repeal of the Emergency Powers (Continuance) Act, 1941 . 3.—The Emergency Powers (Continuance) Act, 1941 (No. 16 of 1941), is hereby repealed. PART II. Continuance of the Principal Act. Continuance of the Principal Act. 4.—

(1)The Principal Act shall, unless previously terminated under sub-section

(2)of this section, continue in force until the 2nd day of September, 1943, and shall then expire unless the Oireachtas otherwise determines.

(2)The Government may by order declare that the Principal Act shall expire on a specified day, being earlier than the 2nd day of September, 1943, and in that case the Principal Act shall expire accordingly. PART III. Amendment and Extension of the Principal Act. Definitions in Part III. 5.—In this Part of this Act— references to the Principal Act shall be construed as including references to the Principal Act as amended by any subsequent enactment (including this Part of this Act) for the time being in force; the expression “Government order” means an order made by the Government (whether before or after the passing of this Act) under the Principal Act; the expression “subsidiary instrument” means any order, regulation, rule, bye-law, scheme or direction in writing made or given (whether before or after the passing of this Act) in exercise of the powers conferred by a Government order. General powers of the Government under section 2 of the Principal Act. 6.—

(1)For the purpose of removing doubts it is hereby enacted and declared that nothing contained in sub-section

(2)of section 2 of the Principal Act shall be construed as limiting the general powers conferred on the Government by sub-section

(1)of the said section.

(2)Sub-section

(1)of this section shall be deemed to have come into operation and shall have effect as on and from the 3rd day of September, 1939. Retrospective amendment of Government orders and subsidiary instruments. 7.—A Government order or a subsidiary instrument may be amended with retrospective effect by a Government order or a subsidiary instrument (as the case may be), but the said power shall not extend to the making of any amendment which would cause acts to be infringements of the law which were not so at the date of their commission. Amendment of section 5 of the Principal Act. 8.— Section 5 of the Principal Act is hereby amended in the following respects, that is to say:— (a) by the substitution of the following two sub-sections for sub-section

(6), that is to say:— “

(6)Every person who, being an Irish citizen or ordinarily resident in the State, commits or is deemed to have committed, whether within or without the State, an offence under this section and every person who, not being an Irish citizen or ordinarily resident within the State, commits or is deemed to have committed within the State an offence under this section shall— (

a)on summary conviction thereof, be liable to— (
i)in case the offence is one in respect of which any order, made by virtue of the next following sub-section, is in force at the time the offence is committed, the penalties provided by such order, and (
ii)in any other case, a fine not exceeding five hundred pounds (together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or both such fine and such imprisonment, or (
b)on conviction thereof on indictment, be liable to a fine not exceeding five thousand pounds (together with, in the case of a continuing offence, a further fine not exceeding fifty pounds for every day on which the offence is continued) or, at the discretion of the Court, to penal servitude for a term not exceeding ten years or to imprisonment for a term not exceeding two years or to both such fine and such penal servitude or imprisonment. (6A) The Government may, whenever and so often as they think fit, by order under section 2 of this Act, do one of the following things, that is to say:— (
a)declare that the punishment which may be awarded, in respect of a specified offence under this section, on summary conviction thereof shall be a fine of not less than a specified amount (not exceeding one hundred pounds) nor more than five hundred pounds (together with, in the case of a continuing offence, a further fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not less than six months nor more than twelve months or both such fine and such imprisonment; (
b)declare that the punishment which may be awarded, in respect of a specified offence under this section, on summary conviction thereof shall be a fine of whichever of the following amounts is the less— (
i)five hundred pounds, (
ii)an amount calculated by reference to such things as may be specified in the order, (together with, in the case of a continuing offence, a further fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not less than six months nor more than twelve months or both such fine and such imprisonment”; (
b)by the deletion in sub-section

(7)of the words “or in lieu of”; (c) by the substitution in sub-section

(7)of the words and figure “to which such person is liable under sub-section

(6)” for the words “provided by the foregoing sub-section”. Penalty for continued non-compliance with certain orders. 9.—

(1)Where— (

a)a person is convicted of an offence under section 5 of the Principal Act by reason of his failure, neglect or refusal to comply with a provision in a Government order or a subsidiary instrument requiring him to perform a specified act within a specified period or before a specified date, and (
b)the said act remains, after the date of such conviction, unperformed by him, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for each day, after the date of such first-mentioned conviction, on which the said act remains unperformed by him or, at the discretion of the Court, to imprisonment for a term not exceeding twelve months.

(2)An offence under this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

(3)Sub-sections

(5)and

(8)of section 5 of the Principal Act shall apply in relation to an offence under this section in like manner as they apply in relation to an offence under the said section 5 .

(4)This section shall not apply in respect of any provision in a Government order relating to the cultivation of land by occupiers thereof. Amendment of section 6 of the Principal Act. 10.— Section 6 of the Principal Act is hereby amended by the substitution of the following sub-section for sub-section

(1), that is to say:— “

(1)A Minister, having obtained the consent of the Government, may by order delegate any power or duty conferred or imposed on him to another Minister or to a Parliamentary Secretary.” Duration of Part III. 11.—This Part of this Act shall continue in force so long as the Principal Act continues in force and no longer. Collective citation of Emergency Powers Acts, 1939 and 1940, and Part III. 12.—The Emergency Powers Acts, 1939 and 1940, and this Part of this Act may be cited together as the Emergency Powers Acts, 1939 to 1942. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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