In short
This law clarifies and expands the meaning and effect of Section 15 of the Local Government (Temporary Provisions) Act, 1923, making these changes effective from when that section was first enacted.
What it regulates
- The Minister's power to apply Section 15 of the 1923 Act to various offices and employments.
- How powers granted by older statutes interact with the Minister's powers under Section 15.
- The supremacy of the Minister's powers when they are similar to powers specifically granted to local authorities or other persons.
Who it concerns
- The Minister (presumably the Minister for Local Government).
- Local authorities and their offices or employments.
Key points
- The Minister's power to apply Section 15 of the 1923 Act to offices and employments includes all offices and employments under a local authority, regardless of whether they relate to poor relief administration. This has always been the case.
- Older laws granting specific powers do not prevent Section 15 from applying or from giving the Minister similar powers.
- If the Minister has a power similar to one specifically granted by an older law, the Minister's power is always considered superior.
- Any action taken under an older, specifically granted power that conflicts with the Minister's similar power is void and has always been void.
📄 Legal text
Local Government (Temporary Provisions) (Amendment) Act, 1935
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1935
Local Government (Temporary Provisions) (Amendment) Act, 1935
Local Government (Temporary Provisions) (Amendment) Act, 1935
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Number 19 of 1935.
LOCAL GOVERNMENT (TEMPORARY PROVISIONS) (AMENDMENT) ACT, 1935.
ARRANGEMENT OF SECTIONS
Section
1.
Construction and operation of section 15 of the Local Government (Temporary Provisions) Act, 1923.
2.
Short title.
Act Referred to
Local Government (Temporary Provisions) Act, 1923
No. 9 of 1923
Number 19 of 1935.
LOCAL GOVERNMENT (TEMPORARY PROVISIONS) (AMENDMENT) ACT, 1935.
AN ACT TO DEFINE AND EXTEND THE CONSTRUCTION AND OPERATION OF
SECTION 15
OF THE
LOCAL GOVERNMENT (TEMPORARY PROVISIONS) ACT, 1923
, AND TO MAKE SUCH DEFINITION AND EXTENSION EFFECTIVE AS FROM THE ENACTMENT OF THE SAID SECTION. [7th June, 1935.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Construction and operation of section 15 of the Local Government (Temporary Provisions) Act, 1923.
1.—The following provisions shall have effect in relation to the construction and operation of
section 15
of the
Local Government (Temporary Provisions) Act, 1923
(No. 9 of 1923), that is to say:—
(a) the power conferred on the Minister by sub-section (2) of the said
section 15
of applying that section to offices and employments shall extend to and authorise, and be deemed always to have extended to and authorised, the application of the said section to any office or employment under a local authority, whether the duties of such office or employment do or do not relate to the administration of the relief of the poor;
(b) the fact that a power was specifically conferred on a local authority or other person by or under a British statute or an Act of the Oireachtas passed before the said
Local Government (Temporary Provisions) Act, 1923
, in relation to an office or employment to which the said
section 15
of that Act applies or applied shall not operate or be deemed ever to have operated to exclude such power or a like power from the operation of the said
section 15
or to prevent the said
section 15
from being construed as conferring a like power on the Minister in relation to the same or any other office or employment;
(c) where a power specifically conferred as aforesaid exists in relation to any office or employment in relation to which the Minister has a similar power by virtue of the said
section 15
, the said power so vested in the Minister shall be and be deemed always to have been paramount to the said power so specifically conferred, and accordingly anything done under the said power so specifically conferred which is inconsistent with anything done by the Minister under the said similar power so vested in him shall be and (in the case of a thing so done before the passing of this Act) be deemed always to have been void and of no effect.
Short title.
2.—This Act may be cited as the Local Government (Temporary Provisions) (Amendment) Act, 1935.
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