Public Assistance Act, 1939

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PUBLIC ASSISTANCE ACT, 1939.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title.

Section 2

Commencement.

Section 3

Definitions.

Section 4

Repeals.

PART II.

Central and Local Administration.

Section 5

Central authority.

Section 6

Administration of public assistance.

Section 7

Public assistance districts.

Section 8

Public assistance authorities.

Section 9

Membership, proceedings, etc., of public assistance authorities, in Dublin area.

Section 10

Boards of public assistance.

Section 11

Committees of public assistance authorities.

Section 12

Joint administration of public assistance districts.

Section 13

Abolition of county scheme authorities.

Section 14

Transfer of property, etc., from county scheme authorities to public assistance authorities.

Section 15

Secretary and treasurer of board of public assistance.

Section 16

Secretary to public assistance authority in Dublin area.

Section 17

Contracts of public assistance authorities.

PART III.

Public Assistance.

Section 18

Persons eligible for public assistance.

Section 19

Duty of public assistance authority to provide public assistance.

Section 20

Giving of public assistance.

Section 21

Contributions to certain societies.

Section 22

Power to provide land for a public hospital.

Section 23

Payment of expenses of removal of persons eligible for general assistance.

Section 24

Burial of deceased persons.

Section 25

Work as a condition for receiving general assistance.

Section 26

Determination of the cost of public assistance.

Section 27

Liability to maintain relations.

Section 28

Liability to repay cost of public assistance.

Section 29

Liability to contribute to cost of general assistance.

Section 30

Appropriation of property.

Section 31

Provision of district institutions.

Section 32

Discontinuance of a district institution.

Section 33

Persons admissible to district institutions.

Section 34

Regulations in respect of district institutions.

Section 35

Assistance in institutions not maintained by a public assistance authority.

Section 36

Restriction on assistance of particular classes in institutions.

Section 37

Admission to district institutions of persons not eligible for public assistance.

Section 38

Religious services and chaplains in district institutions.

Section 39

Obligation to grant home assistance.

Section 40

Dispensary districts.

Section 41

Appointment of medical officers of dispensary districts.

Section 42

Provision of dispensaries, medicines, etc.

Section 43

Provision of residence for dispensary officer.

Section 44

Vesting of parental authority in public assistance authorities.

Section 45

Transfer of parental authority to public assistance authority.

Section 46

Preservation of liability to contribute to maintenance.

Section 47

Certification of schools.

Section 48

Boarding out, etc. of children.

Section 49

Removal of child placed out at nurse, etc.

Section 50

Assistance of defective children.

Section 51

Protection of the religious creed of children.

Section 52

Right to obtain birth certificate of child.

PART IV.

Finance.

Section 53

Provision of money for certain public assistance authorities.

Section 54

Raising of moneys for certain public assistance authorities.

Section 55

Receipt of money by public assistance authorities.

Section 56

Payments by public assistance authorities.

Section 57

Limitation on borrowing.

Section 58

Transfer of certain debts and liabilities.

Section 59

Saving for liability of councils in respect of superannuation.

Section 60

Accounts and audits.

PART V.

Acquisition and Disposal of Property.

Section 61

Definition of “land”.

Section 62

Power of public assistance authority to acquire land.

Section 63

Incorporation of the Lands Clauses Acts.

Section 64

Power of public assistance authority to inspect land.

Section 65

Making of compulsory acquisition order.

Section 66

Notices, etc., of making of compulsory acquisition order.

Section 67

Confirmation of compulsory acquisition order.

Section 68

Notices, etc., of confirmation of compulsory acquisition order.

Section 69

Annulment of compulsory acquisition order by the High Court.

Section 70

Commencement of compulsory acquisition order.

Section 71

Appropriation of surplus land to other purposes.

Section 72

Disposal of surplus land.

Section 73

Transfer of property of certain abolished bodies.

Section 74

Application of money held for certain abolished committees.

Section 75

Service of notices under this Part of this Act.

PART VI.

Legal Proceedings and Penalties.

Section 76

Prima facie evidence of meetings, resolutions, and orders.

Section 77

Penalty for contravention of regulations.

Section 78

Penalty for failure to perform work.

Section 79

Penalty for offences in district institutions.

Section 80

Penalty for false statement to obtain public assistance.

Section 81

Penalty for refusal to deliver up the custody of a child.

Section 82

Penalty for assisting escaping child.

Section 83

Penalty for desertion of wife or child.

Section 84

Power of arrest of inmate of district institution.

Section 85

Power of public assistance authority to pay costs of prosecution.

PART VII.

Miscellaneous Provisions.

Section 86

Power of Minister to abolish county infirmaries and county fever hospitals.

Section 87

Inclusion of boards of public assistance in certain Acts.

Section 88

Inclusion of boards of public assistance in section 63 of the Local Government Act, 1925.

Section 89

Adaptations of existing enactments.

Section 90

Power of Minister to make general regulations.

Section 91

Laying of orders and regulations before Houses of the Oireachtas.

FIRST SCHEDULE.

Enactments Repealed.

SECOND SCHEDULE.

Rules in Relation to Membership and Meetings of Boards of Public Assistance.

THIRD SCHEDULE.

Enactments under which a Board of Public Assistance is a Local Authority.

Acts Referred to Local Government Act, 1927 No. 3 of 1927 Interpretation Act, 1937 No. 38 of 1937 Local Government (Temporary Provisions) Act, 1923 No. 9 of 1923 Local Government (Dublin) (Amendment) Act, 1931 No. 25 of 1931 Local Authorities (Combined Purchasing) Act, 1939 No. 14 of 1939 Workmen's Compensation Act, 1934 No. 9 of 1934 Public Assistance (Acquisition of Land) Act, 1934 No. 23 of 1934 Criminal Justice (Evidence) Act, 1924 No. 37 of 1924 Local Government Act, 1931 No. 19 of 1931 Local Government Act, 1925 No. 5 of 1925 Number 27 of 1939.

PUBLIC ASSISTANCE ACT, 1939.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE RELIEF OF THE POOR AND FOR THAT PURPOSE TO AMEND GENERALLY THE LAW RELATING THERETO. [8th August, 1939.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Public Assistance Act, 1939.

Commencement.

2.—This Act shall come into operation on such day as the Minister shall by order appoint for that purpose.

Definitions.

3.—In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the word “prescribed” means prescribed by regulations made by the Minister under this Act; the expression “county scheme” means a scheme for the relief of the poor confirmed by the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), or prepared and confirmed under that Act; the expression “county scheme authority” means an authority entrusted by virtue of a county scheme with the administration of the relief of the poor in a particular area; the expression “joint district” has the same meaning as it has in the Local Government Act, 1927 (No. 3 of 1927); the expression “medical assistance” means the provision of all or any of the following things, that is to say, medical, surgical, or dental treatment, medicines, and medical, surgical, or dental appliances; the expression “general assistance” means the provision of the necessaries of life, other than medical assistance; the expression “public assistance” and also the word “assistance” when used without qualification include both medical assistance and general assistance, and all cognate expressions and words shall be construed accordingly; the expression “home assistance” means general assistance given otherwise than by admission to a district or other institution; the word “acquire” when used in relation to land includes purchase in fee simple or for any less estate or interest and taking a lease of such land for any term; the expression “the Dublin area” means the area consisting of the county of Dublin and the county borough of Dublin.

Repeals.

4.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed, to the extent specified in the third column of the said Schedule.

PART II.

Central and Local Administration.

Central authority.

5.—(1) The administration of public assistance in pursuance of the law (including this Act) for the time being in force in relation to such administration shall be subject to the general direction and control of the Minister.

Administration of public assistance.

6.—(1) For the purposes of the administration of public assistance the State shall be divided into public assistance districts.

Public assistance districts.

7.—(1) In the Dublin area— (a) the area of the Dublin Union as constituted immediately before the commencement of this Act shall be a public assistance district to be styled and known as the Dublin Public Assistance District, (b) the area of the Rathdown Union as constituted immediately before the commencement of this Act shall be a public assistance district to be styled and known as the Rathdown Public Assistance District, and (c) the area of the Balrothery Union as constituted immediately before the commencement of this Act shall be a public assistance district to be styled and known as the Balrothery Public Assistance District.

Public assistance authorities.

8.—(1) The public assistance authority for the Dublin Public Assistance District shall be the Dublin Board of Assistance.

Membership, proceedings, etc., of public assistance authorities, in Dublin area.

9.—(1) The following provisions shall apply and have effect in relation to every public assistance authority whose public assistance district is in the Dublin area, that is to say:— (a) notwithstanding anything contained in the Local Government (Dublin) (Amendment) Act, 1931 (No. 25 of 1931), such authority shall consist of such number of persons as the Minister shall from time to time appoint and, in the case of the Dublin Board of Assistance, such persons shall be elected by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin and the council of the county of Dublin in such proportions as the Minister shall similarly appoint and, in every other case, such persons shall be elected by the council of the said county; (b) those members (if any) of such authority who are elected by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin shall be members of the City Council for Dublin; (c) those members of such authority who are elected by the council of the county of Dublin shall be members of such council; (d) the Rules set forth in the Second Schedule to this Act shall apply and have effect in relation to such authority but with the modification that, for the purposes of Rule 2 of the said Rules, those members of such authority who are to be elected by the council of the county of Dublin shall be elected in the same manner as if they were all additional members within the meaning of that Rule, and that the references in Rules 11 and 12 to the first meeting shall be construed as referring to the first meeting of such authority after the commencement of this Act; (e) subject and without prejudice to the Rules set forth in the Second Schedule to this Act as applied by the next preceding paragraph of this sub-section, the Minister may by order make regulations in relation to the conduct of the business and the order of proceedings at meetings of such authority, and every such regulation shall have effect according to the tenor thereof; (f) whenever any difficulty arises in regard to an election of members of such authority or the first meeting of such authority after an election (other than an election to fill a casual vacancy) of all or any of the members of such authority, or by reason of a defect in the constitution of such authority arising in consequence of an election of all or some of the members of such authority not being held or being defective or in consequence of any other matter or thing, the Minister may by order do any thing which appears to him to be necessary or proper to meet or remove such difficulty and in particular, may by such order, if he so thinks proper, provide for the holding of an election of all or some of the members of such authority or for the holding of a meeting of such authority.

Boards of public assistance.

10.—(1) In every public assistance district which consists of a county borough and a joint district in a county adjoining such county borough, a board of public assistance shall be established to be the public assistance authority for such public assistance district.

Committees of public assistance authorities.

11.—(1) A public assistance authority may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of any of their powers, duties, and functions under this Act which in the opinion of such authority would be better or more conveniently regulated or managed by or through a committee.

Joint administration of public assistance districts.

12.—(1) Where it appears to the Minister, after consultation with the public assistance authorities of two or more public assistance districts, that the joint management and administration of such public assistance districts for all or for any particular purposes of or connected with the administration of public assistance would tend to reduce expense or would otherwise be of public or local advantage, the Minister may by order direct that the administration of public assistance in such public assistance districts shall, for the purposes specified in such order, be managed and conducted jointly by the respective public assistance authorities of such public assistance districts through and by a joint committee to be set up under and in accordance with such order.

Abolition of county scheme authorities.

13.—(1) Every county scheme authority which is in existence immediately before the commencement of this Act and is not the corporation of a county borough shall, on such commencement, be dissolved and cease to exist.

Transfer of property, etc., from county scheme authorities to public assistance authorities.

14.—Wherever a county scheme authority is dissolved by this Act, the following provisions shall apply and have effect in relation to such county scheme authority and the public assistance authority which is the successor of such county scheme authority, that is to say:— (a) all property and assets (including choses-in-action) vested in or belonging to such county scheme authority immediately before the commencement of this Act shall, upon such commencement, become and be the property and assets of such public assistance authority by virtue of this section without any conveyance, assignment, or act other than transfer (where appropriate) in the books of a bank, company, or other body; (b) all debts and liabilities (present or future) incurred by such county scheme authority and owing immediately before the commencement of this Act (whether then presently due or to become due certainly or contingently in the future) shall upon such commencement become and be the debts and liabilities of such public assistance authority and shall be discharged in due course by such authority; (c) every bond, guarantee, or other security of a continuing character made or given by such county scheme authority to another person or by any person to such county scheme authority and in force immediately before the commencement of this Act, and every contract or agreement in writing made between such county scheme authority and another person not fully executed and completed before the commencement of this Act, shall continue in force after such commencement but shall be construed and have effect as if such public assistance authority were substituted therein for such county scheme authority, and such security, contract, or agreement shall be enforceable by or against such public assistance authority accordingly; (d) in every action, suit, prosecution, or other proceeding which is pending at the commencement of this Act and to which such county scheme authority is a party, such public assistance authority shall, on the commencement of this Act, become and be a party in the place of such county scheme authority and such proceeding shall be continued between such public assistance authority and the other parties thereto accordingly; (e) every person who immediately before the commencement of this Act is an officer or a servant of such county scheme authority shall upon such commencement become and be an officer or a servant (as the case may require) of such public assistance authority upon the same terms and conditions as those upon which he held office under or employment by such county scheme authority immediately before such commencement, and every such person shall, for the purposes of any enactment relating to superannuation or compensation for loss of office or employment which may be applicable to him in respect of his service under such public assistance authority, be entitled to reckon his period of service under such county scheme authority as service under such public assistance authority and to reckon his period of service under such county scheme authority and his period of service under such public assistance authority as one continuous period of service under such public assistance authority;

(f) any moneys raised for the purposes of such county scheme authority before the commencement of this Act may be levied after such commencement as if this Act had not been passed and shall be paid to such public assistance authority for the purposes of their functions under this Act.

Secretary and treasurer of board of public assistance.

15.— (1) Every board of public assistance shall appoint an officer to be the secretary of such board.

Secretary to public assistance authority in Dublin area.

16.—(1) Every public assistance authority whose public assistance district is in the Dublin area shall appoint an officer to be the secretary of such authority and a bank or banking company to be the treasurer of such authority.

Contracts of public assistance authorities.

17.—(1) The Minister may by order make regulations in relation to the entering into and making of contracts by public assistance authorities.

PART III.

Public Assistance.

Persons eligible for public assistance.

18.—(1) A poor person who is unable to provide by his own industry or other lawful means the necessaries of life (other than medical, surgical or dental treatment, medicines, and medical, surgical or dental appliances) for himself or any persons whom he is liable under this Act to maintain shall be eligible for general assistance.

Duty of public assistance authority to provide public assistance.

19.—Subject to the provisions of this Act, it shall be the duty of every public assistance authority to give, in accordance with this Act, to every person in their public assistance district who is eligible for public assistance such public assistance as shall appear to them to be necessary or proper in each particular case and to make, in accordance with this Act, due provision for that purpose.

Giving of public assistance.

20.—(1) The Minister may by order from time to time determine the persons who shall be authorised persons for the purposes of this section, and accordingly in this section the expression “authorised person” means a person who is, by virtue of an order made by the Minister under this sub-section, for the time being an authorised person for the purposes of this section.

Contributions to certain societies.

21.—(1) A public assistance authority may, with the consent of the Minister, pay such annual contribution as they shall, with the said consent, think proper to the funds of any society for the prevention of cruelty to children.

Power to provide land for a public hospital.

22.—(1) Whenever a public assistance authority is satisfied that useful aid is being or will be rendered to the administration of public assistance in their public assistance district by the treatment given in a public hospital or infirmary in such district to persons eligible for medical assistance, such public assistance authority may, on the request of the governing body of such hospital or infirmary and with the consent of the Minister, provide for such hospital or infirmary any land which is shown by such governing body, to the satisfaction of the said public assistance authority, to be required for the efficient performance of the functions of such hospital or infirmary.

Payment of expenses of removal of persons eligible for general assistance.

23.—A public assistance authority may, on the application of a person eligible for general assistance, pay the reasonable expenses of the removal of such person (with or without his dependants) from the public assistance district of such authority to some other place if such authority is satisfied that the removal of such person from such district to the said other place is likely to enable such person to support himself and his dependants by his own industry or other lawful means and is generally for the benefit of such person and his dependants.

Burial of deceased persons.

24.—(1) A public assistance authority or, in case of urgency, an officer of a public assistance authority administering home assistance may provide for the burial of any of the following persons at any place within the public assistance district of such authority which appears to such authority or officer (as the case may be) to be proper, that is to say:— (a) a deceased person who died whilst in receipt of general assistance from such public assistance authority; (b) a deceased person who died within the public assistance district of such public assistance authority and whose relatives either are not known or are, owing to absence or poverty or for some other good and sufficient reason, unable to provide for his burial; (c) a deceased person who has been drowned and cast ashore within such public assistance district or who has otherwise perished and been found dead within the said district and (in either case) whose body has not been claimed for burial.

Work as a condition for receiving general assistance.

25.—(1) A public assistance authority may, as a condition of the granting of general assistance to a person, require such person, either before or after or during receipt of such general assistance, to perform such work as such authority shall consider suitable to the sex, age, strength, and capacity of such person and shall direct such person so to perform.

Determination of the cost of public assistance.

26.—(1) The Minister may by order make regulations prescribing the method of determining for the purpose of this Act the cost of public assistance and may by such regulations prescribe different such methods in respect of different kinds of public assistance.

Liability to maintain relations.

27.—(1) For the purposes of this Act and without prejudice to any obligations for the time being imposed by law otherwise than by or for the purposes of this Act the following provisions shall have effect, that is to say:— (a) every legitimate person shall be liable to maintain his or her father and mother; (b) every illegitimate person shall be liable to maintain his or her mother; (c) every man shall be liable to maintain such of his legitimate children as are for the time being under the age of sixteen years; (d) every woman shall be liable to maintain such of her children, whether legitimate or illegitimate as are for the time being under the age of sixteen years; (e) every married man shall be liable to maintain his wife and shall also be liable to maintain every child, whether legitimate or illegitimate, of his wife who was born before her marriage to him and is for the time being under the age of sixteen years; (f) every married woman shall be liable to maintain her husband.

Liability to repay cost of public assistance.

28.—Where public assistance has been given by a public assistance authority (in this section referred to as the said authority) to any person (in this section referred to as the assisted person) the following provisions shall apply and have effect, that is to say:— (a) it shall be the duty of the assisted person or, on his default, whether complete or partial, of every person liable to maintain him, to repay to the said authority according to their respective abilities the cost of the public assistance so given to the assisted person; (b) where the whole or any portion of the public assistance so given has not been repaid to the said authority in pursuance of this section and the said authority is at any time of opinion that the assisted person is able to repay to the said authority the whole or portion of such public assistance so unrepaid, the said authority may apply to the District Court on notice to the assisted person for an order for such repayment as aforesaid by the assisted person; (c) where the whole or any portion of the public assistance so given has not been repaid to the said authority in pursuance of this section and the said authority is at any time of opinion that the assisted person is unable to repay to the said authority the public assistance so unrepaid and that some person who was, at the time when such public assistance was so given, liable to maintain the assisted person is able to repay to the said authority the whole or a portion of the public assistance so unrepaid, the said authority may apply to the District Court on notice to the said other person for an order for such repayment as aforesaid by the said other person; (d) where, on an application under this section to the District Court for the repayment of public assistance, the Court is satisfied that the person from whom repayment is sought is, at the time of the hearing of such application, able to repay the sum or a portion of the sum repayment of which is sought, the Court shall fix the sum to be repaid by such person and shall order the repayment thereof by such person to the said authority either in one sum or by such weekly or monthly instalments as the Court shall think proper; (e) an order by the District Court under this section for the repayment of a sum to the said authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable; (f) the said authority shall not recover by means of applications under this section to the District Court a greater amount than the cost of the public assistance so given or, where portion of such public assistance has been repaid in pursuance of this section without any such application, a greater amount than the difference between the amount so repaid and the said cost.

Liability to contribute to cost of general assistance.

29.—Where a public assistance authority (in this section referred to as the said authority) grants general assistance to any person (in this section referred to as the assisted person) the following provisions shall have effect, that is to say:— (a) every person (in this section referred to as the person liable) who is liable to maintain the assisted person shall be liable to contribute according to his ability to the general assistance so granted; (b) the said authority may apply to the District Court, on notice to the person liable, for an order for the contribution by that person to the general assistance so granted; (c) where, on an application to the District Court under this section, the Court is satisfied that the person liable is, at the time of the hearing of such application, able to contribute to the general assistance so given, the Court shall fix the amount of the contribution to be made by the person liable and shall order the payment of the amount so fixed to the said authority by the person liable either in one sum or by such weekly or monthly instalments as the Court shall think proper; (d) an order by the District Court under this section for the payment of a sum to the said authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable; (e) the said authority shall not recover by means of applications under this section to the District Court a greater amount than the cost of the general assistance so granted or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and such cost.

Appropriation of property.

30.—(1) Where a person in receipt of public assistance in a district institution owns any money or security for money, the public assistance authority from whom such person receives such public assistance may— (a) if such person has such money in his physical possession, take and appropriate such money and thereout reimburse themselves the cost of the public assistance given by such authority to such person at any time before such taking, and return to such person the balance (if any) of such money, or (b) if such person has such security in his physical possession, take and realise such security or a sufficient portion thereof and out of the proceeds of such realisation reimburse themselves the cost of the public assistance given by such authority to such person at any time before such taking, and pay to such person the balance (if any) of such proceeds, or (c) in any case, by appropriate legal proceedings make such money or security available for the reimbursement of such authority in respect of the cost of the public assistance given by such authority to such person at any time before the institution of such proceedings and reimburse themselves in respect of such cost accordingly.

Provision of district institutions.

31.—(1) Every public assistance authority shall provide and maintain within their district such and so many (if any) homes, hospitals, and other institutions (in this Act referred to as district institutions) and at such places as the Minister shall from time to time by order direct and shall not provide nor (save as is otherwise provided by this section) maintain any other home, hospital, or other institution.

Discontinuance of a district institution.

32.—(1) The Minister, whenever he so thinks proper, after the holding of a public enquiry may by order direct any particular public assistance authority to discontinue, as from such date as is specified in that behalf in such order, a specified district institution for the time being maintained by that authority under this Act.

Persons admissible to district institutions.

33.—(1) Every district institution shall be available for the assistance of such class or classes of persons eligible for public assistance as the Minister shall from time to time by order direct and (except in cases of urgent necessity) for the assistance of no other persons.

Regulations in respect of district institutions.

34.—(1) The Minister may by order make regulations in respect of district institutions, either generally or in respect of one or more classes of district institutions or in respect of one or more particular district institutions, for the government, management, and administration of the district institutions to which the regulations relate and for the preservation of order in such district institutions and for the classification of the inmates thereof.

Assistance in institutions not maintained by a public assistance authority.

35.—Subject to the consent of the Minister, a public assistance authority may, if they so think proper, make provision for the assistance in a home, hospital, or other institution not provided or maintained by such authority of persons, or particular classes of persons, eligible for public assistance, and where a public assistance authority makes such provision, such authority may defray the expenses of the conveyance of the persons for whose assistance such provision is made to and from such institution and the expenses of their maintenance, treatment, instruction, or training therein.

Restriction on assistance of particular classes in institutions.

36.—Where a district institution provided by a public assistance authority is available for the assistance of a particular class of persons or provision has been made by a public assistance authority with the consent of the Minister for the assistance of a particular class of persons in a home, hospital or other institution not provided or maintained by such authority, the Minister may, by order, direct that such particular class of persons shall not be assisted by such public assistance authority in any institution except (as the case may be) such district institution or such home, hospital or other institution, and thereupon it shall not be lawful for such public assistance authority to assist (except in cases of urgent necessity) any person of such particular class in contravention of such order.

Admission to district institutions of persons not eligible for public assistance.

37.—(1) A public assistance authority may, if they so think proper, make regulations authorising the admission of persons not eligible for public assistance to any particular district institution maintained by such publie assistance authority and regulating the admission of such persons to such institution and the accommodation and treatment of such persons therein.

Religious services and chaplains in district institutions.

38.—(1) The Minister shall by order make provision for the due performance of religious services in every district institution and for that purpose shall appoint in relation to every district institution fit persons to be chaplains to such district institution.

Obligation to grant home assistance.

39.—(1) Every public assistance authority shall grant, in accordance with regulations made by the Minister under this Act, home assistance to every person in the public assistance district of such authority who is eligible for general assistance and is not granted assistance in an institution.

Dispensary districts.

40.—(1) Every dispensary district existing in any public assistance district immediately before the commencement of this Act shall be a dispensary district for the purposes of medical assistance under this Act.

Appointment of medical officers of dispensary districts.

41.—Every public assistance authority shall appoint, for the service of each dispensary district within their public assistance district, such number of medical and other officers as the Minister shall from time to time direct.

Provision of dispensaries, medicines, etc.

42.—(1) In this section the expression “separate dispensary” means a dispensary for the exclusive use of the medical officer or officers of one particular dispensary district.

Provision of residence for dispensary officer.

43.—(1) A public assistance authority may, with the approval of the Minister, and shall, if the Minister so directs, provide and maintain in any dispensary district in their public assistance district for the use while holding office of any medical officer of such dispensary district a residence which is, in the opinion of the Minister, sufficient.

Vesting of parental authority in public assistance authorities.

44.—(1) This section applies to a legitimate child both of whose parents are dead or who is deserted by both of its parents or (where one of its parents is dead) by its surviving parent, and to an illegitimate child whose mother is dead or who is deserted by its mother.

Transfer of parental authority to public assistance authority.

45.—(1) Where a child is maintained by a public assistance authority and— (a) such authority is of opinion that a parent of such child is, by reason of mental deficiency or vicious habits or mode of life, unfit to have the control of such child, or (b) a parent of such child is, by reason of his serving a sentence of penal servitude or suffering detention under the Inebriates Act, 1898 , unable to perform his parental duties, or (c) a parent of such child has been sentenced to imprisonment for an offence against such child or any other of his children, or (d) a parent of such child is permanently bedridden and is maintained under this Act by such authority in a district or other institution and consents to the resolution hereinafter mentioned, such public assistance authority may resolve that all the rights and powers of such parent in respect of such child shall vest in such authority until such child attains the age of sixteen years.

Preservation of liability to contribute to maintenance.

46.—(1) The vesting of the rights and powers of the parents or a parent in respect of a child in a public assistance authority under or by virtue of this Act shall not relieve such parents or parent or any other person from any liability (whether imposed by this Act or otherwise by law) to defray all or any part of the maintenance of such child.

Certification of schools.

47.—(1) Upon the application in writing of the managers of any school, other than a national school or a reformatory school, the Minister— (a) may, if he so thinks fit, appoint a fit person to examine into the condition of such school and report to him thereon, and (b) may, if on the consideration of such report he so thinks proper, certify in writing that such school is fit for the reception of children sent to a certified school under this Act and also certify the total number of children or the total number of children of each sex for the reception of which such school is so fit.

Boarding out, etc., of children.

48.—(1) A public assistance authority may provide, in accordance with regulations made by the Minister under this section, for the assistance in any of the following ways (whether in or outside their public assistance district) of a legitimate child who is eligible for general assistance and in respect of which the rights and powers of both of its parents or its sole surviving parent are vested in such authority or of an illegitimate child in respect of which the rights and powers of its mother are vested in such authority, that is to say, by placing such child out at nurse, or by boarding it out, or by sending it to a certified school, or, where such child is not less than fourteen years of age, by placing it out at service, or by placing it in any suitable trade, calling, or business.

Removal of child placed out at nurse, etc.

49.—(1) Whenever a public assistance authority has placed a child out at nurse, or boarded out a child, or placed a child at service or in a trade, calling, or business, such authority, at any time before such child has attained the age of sixteen years, may at their discretion and shall, if so required by the Minister, remove such child from the custody of the person with whom it was so placed out, boarded out, or placed at service or in a trade, calling, or business.

Assistance of defective children.

50.—Where the parents or the surviving parent or the guardian of a child who is deaf, dumb, blind, imbecile, idiot, epileptic or crippled are or is unable, by reason of poverty, to provide adequately for the training of such child and a public assistance authority is of opinion that it would be for the benefit of such child that it should be sent to such institution as is hereinafter mentioned, such authority may, with the approval of the Minister and the consent of such parents, parent, or guardian, provide for or contribute to the support, maintenance, and education of such child in an institution established and maintained for the care of such children and approved of by the Minister.

Protection of the religious creed of children.

51.—(1) A public assistance authority shall not— (a) place a child out at nurse or board a child out with a person who does not profess the creed of the religious denomination to which such child belongs, or (b) place a child in an institution which is conducted on the principles of a religious denomination which is not the denomination to which such child belongs, or (c) where the parental rights and duties in respect of a child are vested in such authority, educate such child or allow such child to be educated in a religious creed which is not the religious creed in which such child would have been educated if such parental rights had not become vested in such authority.

Right to obtain birth certificate of child.

52.—Whenever the age of a child is required to be ascertained for any of the purposes of this Act, any person shall, on presenting to the proper registrar or superintendent registrar of births and deaths a requisition in writing in the prescribed form and containing the prescribed particulars, be entitled to obtain from such registrar or superintendent registrar (free of charge) a certified copy of the entry in the register of births maintained under the Births and Deaths Registration Acts, 1863 to 1936, of the birth of such child.

PART IV.

Finance.

Provision of money for certain public assistance authorities.

53.—(1) Where a public assistance district consists of a county borough and a county or part of a county, the money required to meet the expenses of the public assistance authority for such public assistance district shall be supplied to such authority by the corporation of such county borough and the council of such county rateably in proportion to the totals of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts of the rateable property in the respective portions of such public assistance district situate in such county borough and such county respectively.

Raising of moneys for certain public assistance authorities.

54.—(1) Where a public assistance district is situate wholly within one county, the expenses incurred by the public assistance authority for such public assistance district shall be raised by the council of such county by means of the poor rate equally over the whole of such public assistance district.

Receipt of money by public assistance authorities.

55.—(1) All moneys payable to a public assistance authority shall be paid to and received by the treasurer of such authority and shall be carried by such treasurer to the credit of such authority.

Payments by public assistance authorities.

56.—(1) All moneys payable by a public assistance authority shall be paid by the treasurer of such authority out of the funds of such authority.

Limitation on borrowing.

57.—No sum of money borrowed by a public assistance authority shall be of an amount which itself exceeds or which makes the total debt of such authority exceed one-fourth of the total amount of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts of the rateable property in the public assistance district of such authority.

Transfer of certain debts and liabilities.

58.—(1) This section applies to every debt or liability (other than the liability for the payment of any superannuation allowance or gratuity) of a board of guardians or the committee of a county infirmary or fever hospital the liability for the payment of which was, on the abolition of such board or committee by a county scheme, transferred by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), to the council of a county or a county borough and was not paid or discharged by such council before the commencement of this Act.

Saving for liability of councils in respect of superannuation.

59.—Nothing in this Act shall apply to or affect the liability of the council of a county or of the corporation of a county borough under any Act which ceases by virtue of this Act to have effect in the area of application of this Act for the payment or for the making of a contribution towards the payment of any superannuation allowance.

Accounts and audits.

60.—

Section 12

and sections 14 , 15 , 17 and 18 of the Local Government (Ireland) Act, 1871 , sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898 , sections 19 to 22 of the Local Government (Ireland) Act, 1902 , and paragraph (3) of Article 19 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to the audit of the accounts of the receipts and payments of a public assistance authority and to the auditor appointed to audit such accounts.

PART V.

Acquisition and Disposal of Property.

Definition of “land”.

61.—In this Part of this Act the word “land” includes water and any estate or interest in land or water and any easement or right in, to, or over land or water.

Power of public assistance authority to acquire land.

62.—A public assistance authority may, for the purposes of its powers and duties, acquire land either by agreement with the consent of the Minister or compulsorily under this Part of this Act and the Acts incorporated therewith.

Incorporation of the Lands Clauses Acts.

63.—For the purpose of the acquisition of land under this Part of this Act by a public assistance authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Part of this Act, but with and subject to the following modifications, that is to say:— (a) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be so incorporated; (b) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the public assistance authority shall be deemed to be the promoters of the undertaking; (c) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated— the expression “local authority” shall mean a public assistance authority within the meaning of this Act, the expression “confirming Act” shall mean this Part of this Act and the compulsory acquisition order as made and confirmed under this Part of this Act, the expression “confirming authority” shall mean the Minister, and references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act; (d) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making of the compulsory acquisition order was published in pursuance of this Part of this Act if, in the opinion of the arbitrator, the erection of such building or the making of such improvement or alteration or the creation of such interest was not reasonably necessary and was effected with a view to obtaining or increasing such compensation.

Power of public assistance authority to inspect land.

64.—(1) Any officer or agent of a public assistance authority who is duly authorised in that behalf by such public assistance authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of nine o'clock in the forenoon and six o'clock in the afternoon for the purpose of ascertaining whether such land is or is not suitable for acquisition by such public assistance authority.

Making of compulsory acquisition order.

65.—(1) When a public assistance authority desires to acquire compulsorily under this Part of this Act any particular land, such public assistance authority may make an order (in this Part of this Act referred to as a compulsory acquisition order) that such land be acquired compulsorily under this Part of this Act.

Notices, etc., of making of compulsory acquisition order.

66.— (1) When a public assistance authority has made a compulsory acquisition order, such public assistance authority shall— (a) publish at least once in a newspaper circulating in the functional area of such public assistance authority an advertisement in the prescribed form stating that a compulsory acquisition order has been made by such authority in respect of specified land and that such order and the map referred to therein may be inspected at a specified place, and (b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which such order relates a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement and also stating that any person aggrieved by such order may send to the Minister, in the specified manner and within a specified time, an objection to such order.

Confirmation of compulsory acquisition order.

67.—When an application has been made under this Part of this Act to the Minister by a public assistance authority for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with in respect of such compulsory acquisition order, the following provisions shall have effect, that is to say:— (a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister or every such objection so made has been withdrawn, the Minister may, as he shall think proper, either refuse to confirm such compulsory acquisition order, or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper; (b) in any case to which the next preceding paragraph of this section applies, the Minister may, if he so thinks fit, before dealing with such application cause a public local inquiry to be held in respect of such compulsory acquisition order; (c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister and has not been withdrawn, the Minister shall cause a public local inquiry to be held in respect of such compulsory acquisition order; (d) when a public local inquiry has been held in pursuance of the next preceding paragraph of this section, the Minister, having considered the report of the person by whom such inquiry was held and the objection or all the objections which occasioned the holding of such inquiry, may, as he shall think proper, either refuse to confirm such compulsory acquisition order, or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper.

Notices, etc., of confirmation of compulsory acquisition order.

68.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the public assistance authority by whom such compulsory acquisition order was made shall— (a) publish in a newspaper circulating in the functional area of such authority an advertisement in the prescribed form stating that such compulsory acquisition order has been confirmed by the Minister and that a copy of such order as so confirmed and the map referred to therein may be inspected at a specified place, and (b) give to every person who appeared at the public local inquiry (if any) held in respect of such order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement.

Annulment of compulsory acquisition order by the High Court.

69.—(1) Any person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of such order by the Minister, apply to the High Court for the complete or the partial annulment of such order, and the High Court, if it is satisfied that such compulsory acquisition order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making such application or any other person has been substantially prejudiced by any failure to comply in relation to such order with the provisions of this Part of this Act, may, as the High Court shall think proper, annul the whole of such order or annul a part of such order.

Commencement of compulsory acquisition order.

70.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation in accordance with whichever of the following paragraphs is applicable, that is to say:— (a) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of such order, on the final determination of such application, or (b) if no such application is so made, on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of such order by the Minister.

Appropriation of surplus land to other purposes.

71.—A public assistance authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of its powers and duties any land vested for any purpose in such authority and not required for the purpose for which it was acquired.

Disposal of surplus land.

72.—(1) A public assistance authority may, with the consent of the Minister, sell, exchange, let, or otherwise dispose of any land acquired by such authority under the Public Assistance (Acquisition of Land) Act, 1934 (No. 23 of 1934), or under this Part of this Act or transferred to such authority by or under this Act.

Transfer of property of certain abolished bodies.

73.—All property (other than money and securities for money) which— (a) formerly belonged to a board of guardians or the committee of a county infirmary or a fever hospital and was, on the abolition of such board or committee by a county scheme, transferred to the council of a county or a county borough by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), and is, at the commencement of this Act, held by such council of a county or the corporation of such county borough for the purposes of the exercise of any power or the performance of any duty which is by virtue of this Act conferred or imposed on a public assistance authority, or (b) was, at the abolition of any such committee, vested in or held by any such council of a county or county borough for the purposes of such committee and is, at the commencement of this Act, vested in or held by such council of a county or the corporation of such county borough for the said purposes, shall, save where such council of a county or corporation is itself the public assistance authority for the public assistance district in which such property is situate, immediately upon such commencement become and be transferred by virtue of this Act to and be the property of the said public assistance authority and shall thenceforward be held by such authority for the purposes of its powers and duties.

Application of money held for certain abolished committees.

74.—Any money or security for money which was formerly held by the committee of a county infirmary or a fever hospital in trust for the purposes of such infirmary or hospital and was, on the abolition of such committee by a county scheme, transferred to the council of a county or a county borough by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), and is, at the commencement of this Act, held by such council of a county or by the corporation of such county borough shall continue to be so held and shall be applied for the purposes of this Act in such manner as the Minister shall direct.

Service of notices under this Part of this Act.

75.—(1) Any written notice or other document required by this Part of this Act to be given to any person may be so given in any of the following ways, that is to say:— (a) by handing it to such person, or (b) by leaving it at the usual or last-known place of abode of such person, or (c) by sending it by post in a prepaid registered envelope addressed to that person, in the case of an individual, at his usual or last-known place of abode or, in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.

PART VI.

Legal Proceedings and Penalties.

Prima facie evidence of meetings, resolutions, and orders.

76.—(1) All minutes of the proceedings at a meeting of a public assistance authority or of a committee of any such authority which purport to be signed by the chairman of such meeting or by the chairman of the next subsequent meeting of such authority or committee shall (without proof of the signature of the person by whom such minutes purport to be signed or that such person was in fact the chairman of the meeting at which such minutes purport to have been signed) be received in all legal proceedings as prima facie evidence of the proceedings at the meeting to which such minutes relate and as prima facie evidence that such meeting was duly convened and held and that the proceedings thereat were duly transacted according to law.

Penalty for contravention of regulations.

77.—(1) Every person who wilfully does any act (whether of commission or omission) which is a contravention of a regulation made by the Minister under this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding five pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds.

Penalty for failure to perform work.

78.—Every person in receipt of general assistance who wilfully refuses or neglects to perform a task of work which he is required under this Act to perform shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding twenty-one days.

Penalty for offences in district institutions.

79.—Every inmate of a district institution who— (a) wilfully does any act (whether of commission or omission) which is a contravention of a regulation in force by virtue of this Act in such institution, or (b) is, by reason of the consumption of intoxicating liquor, drunk or incapable of conducting himself in such institution, or (c) does any act of insubordination in relation to an officer of such institution, or (d) does any other act (whether of commission or omission) of misbehaviour in such institution which is prejudicial to the discipline or the good government of such institution, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding twenty-one days.

Penalty for false statement to obtain public assistance.

80.—Every person who, for the purpose of obtaining public assistance for himself or another person, makes any statement or representation which is to his knowledge false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, or at the discretion of the Court, to imprisonment for a term not exceeding three months.

Penalty for refusal to deliver up the custody of a child.

81.—(1) If a person who is required by or under this Act to deliver up the custody of a child to a public assistance authority wilfully refuses or neglects so to deliver up such custody, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Penalty for assisting escaping child.

82.—If any person— (a) knowingly assists or induces, directly or indirectly, a child under the age of sixteen years who is maintained by a public assistance authority to leave, without the consent of such authority, the place where it is so maintained, or (b) harbours or conceals a child under the age of sixteen years who is maintained by a public assistance authority and has, to the knowledge of such person, left without the consent of such authority the place where it is so maintained, or (c) knowingly assists or induces, directly or indirectly, a child in respect of whom the rights and powers of its parents or one of its parents are vested in a public assistance authority to leave, without the consent of such authority, a place in which it had been placed by such authority, or (d) harbours or conceals a child in respect of whom the rights and powers of its parents or one of its parents are vested in a public assistance authority and who has, to the knowledge of such person, left without the consent of such authority a place in which it had been placed by such authority, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

Penalty for desertion of wife or child.

83.—(1) Whenever a person deserts or wilfully neglects to maintain his wife or a child whom he is liable under this Act to maintain and in consequence of such desertion or neglect such wife or child becomes eligible for general assistance, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.

Power of arrest of inmate of district institution.

84.—(1) The matron or other officer having the charge and management of a district institution may without warrant arrest in such district institution any inmate of such district institution whom such matron or other officer reasonably suspects of having committed in such district institution an offence punishable on summary conviction, and every such matron or other officer shall, for the purpose of such arrest have all the powers and authority of a member of the Gárda Síochána.

Power of public assistance authority to pay costs of prosecution.

85.—A public assistance authority may pay the reasonable costs of the prosecution of a person charged with an offence directly affecting the administration of the law relating to public assistance, whether such person is or is not convicted of such offence.

PART VII.

Miscellaneous Provisions.

Power of Minister to abolish county infirmaries and county fever hospitals.

86.—(1) The Minister may by order abolish a county infirmary or a county fever hospital or a public general infirmary for two or more counties or a county and a county borough if he thinks proper so to do after consultation with every (if any) council of a county and every (if any) corporation of a county borough which contributes to the maintenance of such infirmary or hospital and consultation with the committee of management of such infirmary or hospital.