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Emergency Powers (Continuance and Amendment) Act, 1945

In short

This law extends and amends the Emergency Powers Act, 1939, to ensure public safety and the preservation of the State during wartime. It specifically addresses the duration of emergency powers and modifies certain provisions related to their application.

What it regulates

  • The period during which the Emergency Powers Act, 1939, remains active.
  • Amendments to specific sections of the Emergency Powers Act, 1939.
  • Restrictions on the Government's ability to make certain orders under the Principal Act.
  • The repeal of previous Emergency Powers Acts.

Who it concerns

  • The Government, regarding the exercise and duration of emergency powers.
  • Persons, particularly non-natural-born Irish citizens, concerning entry into and movement within the State.

Key points

  • The Principal Act will continue in force until September 2nd, 1946, unless the Government declares an earlier expiry date.
  • The Government cannot make orders to censor communications, prohibit publication, control newspapers, or censor pictures.
  • The Government cannot make orders to restrict the entry or movement of natural-born Irish citizens, or authorise their detention, arrest without warrant, or searching.
  • This Act repeals the Emergency Powers (Amendment) Act, 1940, the Emergency Powers (Amendment) (No. 2) Act, 1940, and the Emergency Powers (Continuance) Act, 1944.
Legal text
Legal text

Emergency Powers (Continuance and Amendment) Act, 1945 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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  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1945 Emergency Powers (Continuance and Amendment) Act, 1945 Emergency Powers (Continuance and Amendment) Act, 1945 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 26 of 1945. EMERGENCY POWERS (CONTINUANCE AND AMENDMENT) ACT, 1945. ARRANGEMENT OF SECTIONS PART I. Preliminary. Section 1. Short title. 2. Definitions. 3. Repeals. PART II. Continuance of the Principal Act. 4. Continuance of the Principal Act. PART III. Amendment of the Principal Act. 5. Amendment of section 2 of the Principal Act. 6. Further restriction on making orders under section 2 of the Principal Act. 7. Amendment of section 5 of the Principal Act. 8. Duration of Part III. 9. Collective citation. SCHEDULE. Acts Referred to Emergency Powers Act, 1939 No. 28 of 1939 Emergency Powers (Continuance and Amendment) Act, 1942 No. 19 of 1942 Emergency Powers (Amendment) Act, 1940 No. 1 of 1940 Emergency Powers (Amendment) (No. 2) Act, 1940 No. 16 of 1940 Emergency Powers (Continuance) Act, 1944 No. 16 of 1944 Number 26 of 1945. EMERGENCY POWERS (CONTINUANCE AND AMENDMENT) ACT, 1945. 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 THE SAID ACT FOR THE PURPOSE AFORESAID. [29th July, 1945.] 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, 1945. Definitions. 2.—In this Act— the expression “the Principal Act” means the Emergency Powers Act, 1939 (No. 28 of 1939); the expression “the Act of 1942” means the Emergency Powers (Continuance and Amendment) Act, 1942 (No. 19 of 1942). Repeals. 3.—The enactments specified in the second column of the Schedule to this Act are hereby repealed. PART II. Continuance of the Principal Act. Continuance of the Principal Act. 4.—

(1)The Principal Act shall, unless previously terminated under subsection
(2)of this section, continue in force until the 2nd day of September, 1946, 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 date, being earlier than the 2nd day of September, 1946, and in that case the Principal Act shall expire accordingly. PART III. Amendment of the Principal Act. Amendment of section 2 of the Principal Act. 5.—
(1)Section 2 of the Principal Act is hereby amended— (
  1. a)by the deletion of paragraph (
  2. h)of subsection
(2), (
  1. b)by the deletion, in paragraph (
  2. i)of subsection
(2), of all words after the words “official information”, (
  1. c)by deletion of paragraph (
  2. j)of subsection
(2)and the substitution therefor of the following paragraph:— “(
  1. j)authorise and provide for the prohibition, restriction or control of the entry of persons (other than natural-born Irish citizens) into the State or the departure of persons out of the State and the movements of persons (other than natural-born Irish citizens) within the State;”, (
  2. d)by the insertion in paragraph (
  3. m)of subsection
(2), after the word “persons” of the words “(other than natural born Irish citizens)”, (e) by the insertion in paragraph (o) of subsection
(2), after the word “persons” where it first occurs of the words “(other than natural born Irish citizens)”.
(2)Paragraph (k) of subsection
(2)of section 2 of the Principal Act shall be construed as if the words and brackets deleted therefrom by subsection
(1)of section 2 of the Emergency Powers (Amendment) Act, 1940 (No. 1 of 1940), were re-inserted in the said paragraph (k).
(3)Paragraph (l) of subsection
(2)of section 2 of the Principal Act shall be construed as if the words and brackets deleted therefrom by subsection
(2)of section 2 of the Emergency Powers (Amendment) Act, 1940 , were re-inserted in the said paragraph (l).
(4)Subsection
(5)of section 2 of the Principal Act shall be construed as if the words deleted therefrom by section 2 of the Emergency Powers (Amendment) (No. 2) Act, 1940 (No. 16 of 1940), were re-inserted in the said subsection
(5). Further restriction on making orders under section 2 of the Principal Act. 6.—
(1)Nothing in section 2 of the Principal Act shall be construed as authorising the Government by order under the said section— (
  1. a)to authorise and provide for the censorship, restriction, control, or partial or complete suspension of communication by means of all or one or more of the services maintained or controlled by the Minister for Posts and Telegraphs or by any other means, whether public or private, or (
  2. b)to make provision for prohibiting the publication or spreading of any matter, or to authorise or provide for the control and censorship of newspapers and periodicals, or (
  3. c)to authorise and provide for the censorship of pictures, or (
  4. d)to authorise and provide for the prohibition, restriction or control of the entry of natural-born Irish citizens into the State or the movements of natural-born Irish citizens within the State, or (
  5. e)to authorise and provide for the detention of natural-born Irish citizens, or (
  6. f)to authorise the arrest without warrant of natural-born Irish citizens, or (
  7. g)to authorise and provide for the searching of natural-born Irish citizens, or (
  8. h)to suspend the operation of or amend or apply (with or without modification) the Principal Act, the Act of 1942, or this Act.
(2)In this section the word “pictures” has the same meaning as in the Censorship of Films Acts, 1923 to 1930. Amendment of section 5 of the Principal Act. 7.— Section 5 of the Principal Act, as amended by section 8 of the Act of 1942, is hereby amended in the following respects— (a) by the deletion of subparagraph (i) of paragraph (a) of subsection
(6), (
  1. b)by the deletion, in subparagraph (
  2. ii)of the said paragraph (a), of the words “in any other case” (
  3. c)by the deletion of subsection (6A). Duration of Part III. 8.—This Part of this Act shall continue in force so long as the Principal Act continues in force and no longer. Collective citation. 9.—The Principal Act, the Act of 1942, and this Part of this Act may be cited together as the Emergency Powers Acts, 1939 to 1945. SCHEDULE. Enactments Repealed. Number and Year Short Title
(1)
(2)No. 1 of
  1. Emergency Powers (Amendment) Act, 1940 . No. 16 of
  2. Emergency Powers (Amendment) (No. 2) Act, 1940 . No. 16 of
  3. Emergency Powers (Continuance) Act, 1944 . 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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