On this day in 1921, under the Government in Ireland Act, the six counties of northeastern Ireland became a separate administrative unit.
The division was not intended to separate out Ulster from the south in anticipation of granting the south independence, but rather to divide Ireland into two administrative entities each with their own parliaments, and then with an overall Irish council. It did grant Ireland home rule.
ESTABLISHMENT OF PARLIAMENTS FOR SOUTHERN IRELAND AND NORTHERN
IRELAND AND A COUNCIL OF IRELAND
- Establishment of parliaments of
Southern and Northern Ireland. -
(1) On and after the
appointed day there shall be established for Southern Ireland a Parliament to
be called the Parliament of Southern Ireland consisting of His Majesty, the
Senate of Southern Ireland, and the House of Commons of Southern Ireland, and there
shall be established for Northern Ireland a Parliament to be called the
Parliament of Northern Ireland consisting of His Majesty, the Senate of
Northern Ireland, and the House of Commons of Northern Ireland.
(2) For the purposes of
this Act, Northern Ireland shall consist of the parliamentary counties of
Antrim, Armagh, Down, Fermanagh, Londonderry and Tyrone, and the parliamentary
boroughs of Belfast and Londonderry, and Southern Ireland shall consist of so
much of Ireland as is not comprised within the said parliamentary counties and
boroughs.
- Constitution
of Council of Ireland. -
(1) With a view to the eventual establishment of
a Parliament for the whole of Ireland, and to bringing about harmonious action
between the parliaments and governments of Southern Ireland and Northern
Ireland, and to the promotion of mutual intercourse and uniformity in relation
to matters affecting the whole of Ireland, and to providing for the
administration of services which the two parliaments mutually agree should be
administered uniformly throughout the whole of Ireland, or which by virtue of
this Act are to be so administered, there shall be constituted, as soon as may
be after the appointed day, a Council to be called the Council of Ireland.
(2) Subject as hereinafter provided, the Council
of Ireland shall consist of a person nominated by the Lord Lieutenant acting in
accordance with instructions from His Majesty who shall be President and forty
other persons, of whom seven shall be members of the Senate of Southern Ireland,
thirteen shall be members of the House of Commons of Southern Ireland, seven
shall be members of the Senate of Northern Ireland, and thirteen shall be
members of the House of Commons of Northern Ireland.
The members of the Council of Ireland shall be elected
in each case by the members of that House of the Parliament of Southern Ireland
or Northern Ireland of which they are members.
The election of members of the Council of
Ireland shall be the first business of the Senates and Houses of Commons of
Southern Ireland and Northern Ireland.
A member of the Council shall, on ceasing to be
a member of that House of the Parliament of Southern Ireland or Northern
Ireland by which he was elected a member of the Council, cease to be a member
of the Council: Provided that, on the dissolution of the Parliament of Southern
Ireland or Northern Ireland; the persons who are members of the Council elected
by either House of that Parliament shall continue to hold office as members of
the Council until the date of the first meeting of the new Parliament and shall
then retire unless re-elected.
The President of the Council shall preside at
each meeting of the Council at which he. is present and shall be entitled to
vote in case of an equality of votes, but not otherwise.
The first meeting of the Council shall be held
at such time and place as may be appointed by the Lord Lieutenant.
The Council may act notwithstanding a vacancy in
their number, and the quorum of the Council shall be fifteen; subject as
aforesaid, the Council may regulate their own procedure, including the
delegation of powers to committees.
(3) The constitution of the Council of Ireland
may from time to time be varied by identical Acts passed by the Parliament of
Southern Ireland and the Parliament of Northern Ireland, and the Acts may
provide for all or any of the members of the Council of Ireland being elected
by parliamentary electors, and determine the constituencies by which the
several elective members are to be returned and the number of the members to be
returned by the several constituencies and the method of election.
POWER TO ESTABLISH A PARLIAMENT FOR THE WHOLE OF IRELAND.
- Power to establish a Parliament for the whole of
Ireland. -
(1) The Parliaments of Southern Ireland and
Northern Ireland may, by identical Acts agreed to by an absolute majority of
members of the House of Commons of each Parliament at the third reading
(hereinafter referred to as constituent Acts), establish, in lieu of the
Council of Ireland, a Parliament for the whole of Ireland consisting of His
Majesty and two Houses (which shall be called and known as the Parliament of
Ireland), and may determine the number of members thereof and the manner in
which the members are to be appointed or elected, and the constituencies for
which the several elective members are to be returned, and the number of
members to be returned by the several constituencies, and the method of
appointment or election, and the relations of the two Houses to one
another ; and the date at which the Parliament of Ireland is established
is hereinafter referred to as the date of Irish union:
Provided that the Bill for a constituent Act
shall not be introduced except upon a resolution passed at a previous meeting
of the House in which the Bill is to be introduced.
(2) On the date of Irish union the Council of
Ireland shall cease to exist and there shall be transferred to the Parliament
and Government of Ireland all powers then exerciseable by the Council of
Ireland, and (except so far as the constituent Acts otherwise provide) the
matters which under this Act cease to be reserved matters at the date of Irish
union, and any other powers for the joint exercise of which by the Parliaments
or Governments of Southern and Northern Ireland provision has been made under
this Act.
(3) There shall also be transferred to the
Parliament and Government of Ireland, except so far as the constituent Acts
otherwise provide, all the powers and duties of the Parliaments and Governments
of Southern Ireland and Northern Ireland, including all powers as to taxation,
and, unless any powers and duties are retained by the Parliaments and
Governments of Southern Ireland and Northern Ireland under the constituent
Acts, those Parliaments and Governments shall cease to exist:
Provided that, if any powers and duties are so
retained, the constituent Acts shall make provision with respect to the
financial relations between the Exchequers of Southern and Northern Ireland on
the one hand and the Irish Exchequer on the other.
(4) If by the constituent Acts any powers and
duties are so retained as aforesaid, the Parliaments of Southern Ireland and
Northern Ireland may subsequently by identical Acts transfer any of those
powers and duties to the Government and Parliament of Ireland, and, in the
event of all such powers and duties being so transferred, the Parliaments and
Governments of Southern Ireland and Northern Ireland shall cease to exist.
LEGISLATIVE
POWERS.
- Legislative powers of Irish Parliaments. -
1 Subject to the provisions of this Act, the
Parliament of Southern Ireland and the Parliament of Northern Ireland shall
respectively have power to make laws for the peace, order, and good government
of Southern Ireland and Northern Ireland with the following limitations,
namely, that they shall not have power to make laws except in respect of
matters exclusively relating to the portion of Ireland within their
jurisdiction, or some part thereof, and (without prejudice to that general
limitation) that they shall not have power to made laws in respect of the
following matters in particular, namely : -
(1) The Crown or the succession to the Crown, or
a regency, or the property of the Crown (including foreshore vested in the
Crown), or the Lord Lieutenant, except as respects the exercise of his
executive power in relation to Irish services as defined for the purposes of
this Act; or
(2) The making of peace or war, or matters
arising from a state of war; or the regulation of the conduct of any portion of
His Majesty's subjects during the existence of hostilities between foreign
states with which His Majesty is at peace, in relation to those hostilities; or
(3) The navy, the army, the air force, the
territorial force, or any other naval, military, or air force, or the defence
of the realm, or any other naval, military, or air force matter (including any
pensions and allowances payable to persons who have been members of or in
respect of service in any such force or their widows or dependants, and
provision for the training, education, employment and assistance for the
reinstatement in civil life of persons who have ceased to be members of any
such force); or
(4) Treaties, or any relations with foreign
states, or relations with other parts of His Majesty's dominions, or matters
involving the contravention of treaties or agreements with foreign states or
any part of His Majesty's dominions, or offences connected with any such
treaties or relations, or procedure connected with the extradition of criminals
under any treaty, or the return of fugitive offenders from or to any part of
His Majesty's dominions;
or
(5) Dignities or titles of honour;
or
(6) Treason, treason felony, alienage,
naturalization, or aliens as such, or domicile;
or
(7) Trade with any place out of the part of
Ireland within their jurisdiction, except so far as trade may be affected by
the exercise of the powers of taxation given to the said parliaments, or by
regulations made for the sole purpose of preventing contagious disease, or by
steps taken by means of inquiries or agencies out of the part of Ireland within
their jurisdiction for the improvement of the trade of that part or for the
protection of traders of that part from fraud ; the granting of bounties
on the export of goods ; quarantine ; navigation, including merchant
shipping (except as respects inland waters, the regulation of harbours, and
local health regulations);
or
(8) Submarine cables;
or
(9) Wireless telegraphy;
or
(10) Aerial navigation;
or
(11) Lighthouses, buoys, or beacons (except so far
as they can consistently with any general Act of the Parliament of the United
Kingdom he constructed or maintained by a local harbour authority);
or
(12) Coinage; legal tender; negotiable
instruments (including bank notes) except so far as negotiable instruments may
be affected by the exercise of the powers of taxation given to the said
Parliaments; or any change in the standard of weights and measures; or
(13) Trade marks, designs, merchandise marks,
copyright, or patent rights; or
(14) Any matter which by this Act is declared to
be a reserved matter, so long as it remains reserved. Any law made in
contravention of the limitations imposed by this section shall, so far as it
contravenes those limitations, be void.
2 The limitation on the powers of the said
Parliaments to the making of laws with respect to matters exclusively relating
to the portion of Ireland within their respective jurisdictions shall not be
construed so as to prevent the said Parliaments by identical legislation making
laws respecting matters affecting both Southern and Northern Ireland.
- Prohibition of laws interfering with religious
equality, taking property without compensation. -
(1) In the exercise of their power to make laws
under this Act neither the Parliament of Southern Ireland nor the Parliament of
Northern Ireland shall make a law so as either directly or indirectly to
establish or endow any religion, or prohibit or restrict the free exercise
thereof, or give a preference, privilege, or advantage, or impose any
disability or disadvantage, on account of religious belief or religious or
ecclesiastical status, or make any religious belief or religious ceremony a
condition of the validity of any marriage, or affect prejudicially the right of
any child to attend a school receiving public money without attending the
religious instruction at that school, or alter the constitution of any
religious body except where the alteration is approved on behalf of the
religious body by the governing body thereof, or divert from any religious
denomination the fabric of cathedral churches, or, except for the purpose of
roads, railways, lighting, water, or drainage works, or other works of public
utility upon payment of compensation, any other property, or take any property
without compensation.
Any law made in contravention of the
restrictions imposed by this subsection shall, so far as it contravenes those
restrictions, be void.
(2) Any existing enactment by which any penalty,
disadvantage, or disability is imposed on account of religious belief or on a
member of any religious order as such shall, as from the appointed day, cease
to have effect in Ireland.
- Conflict of laws. -
(1) Neither the Parliament of Southern Ireland
nor the Parliament of Northern Ireland shall have power to repeal or alter any
provision of this Act (except as is specially provided by this Act), or of any
Act passed by the Parliament of the United Kingdom after the appointed day and
extending to the part of Ireland within their jurisdiction, although that
provision deals with a matter with respect to which the Parliament has power to
make laws.
(2) Where any Act of the Parliament of Southern
Ireland or the Parliament of Northern Ireland deals -with any matter with
respect to which that Parliament has power to make laws which is dealt with by
any Act of the Parliament of the United Kingdom passed after the appointed day
and extending to the part of Ireland within its jurisdiction, the Act of the
Parliament of Southern Ireland or the. Parliament of Northern Ireland shall be
read subject to the Act of the Parliament of the United Kingdom, and so far as
it is repugnant to that Act, but no further, shall be void.
(3) Any order, rule or regulation made in
pursuance of, or having the force of, an Act of Parliament of the United
Kingdom shall be deemed to be a provision of an Act within the meaning of this
section.
- Powers of Council of Ireland to make orders respecting
Private Bill legislation for whole of Ireland. -
(1) The Council of Ireland shall have power to
make orders with respect to matters affecting interests both in Southern
Ireland and Northern Ireland, in any case where the matter -
(a) is of such a nature that if it had affected
interests in one of those areas only it would have been within the powers of
the Parliament for that area;
and
(b) is a matter to
effect which, it would, apart from this provision, have been necessary to apply
to the Parliament of the United Kingdom by petition for leave to bring in a
Private Bill.
(2) The provisions contained in the First
Schedule to this Act shall have effect with respect to the procedure for making
such orders.
(3) Any order so made by the Council of Ireland
under this section shall be presented to the Lord Lieutenant for His Majesty's
assent, in like manner as a Bill passed by the Senate and House of Commons of
Southern Ireland or Northern Ireland, and, on such assent being given, the
order shall have effect. in Southern and Northern Ireland respectively, as if
enacted by the Parliament of Southern Ireland or Northern Ireland, as the case
may be.
EXECUTIVE
AUTHORITY.
- Executive Power. -
(1) The executive power in Southern Ireland and
in Northern Ireland shall continue vested in His Majesty the King, and nothing
in this Act shall affect the exercise of that power, except as respects Irish
services as defined for the purposes of this Act.
(2) As respects Irish services, the Lord
Lieutenant or other chief executive officer or officers for the time being
appointed in his place, on behalf of His Majesty, shall exercise any
prerogative or other executive power of His Majesty the exercise of which may
be delegated to him by His Majesty:
Provided that, if any such power is delegated to
the Lord Lieutenant in respect of Southern Ireland or Northern Ireland, the
power shall also be delegated to him in respect of Northern Ireland or Southern
Ireland.
(3) Subject to the provisions of this Act
relating to the Council of Ireland, powers so delegated shall be exercised -
(a) in Southern Ireland, through such
departments as may be established by Act of the Parliament of Southern Ireland,
or, subject to any alteration by Act of that Parliament, by the Lord
Lieutenant; and
(b) in Northern Ireland, through such
departments as may be established by Act of the Parliament of Northern Ireland,
or, subject to any alteration by Act of that Parliament, by the Lord
Lieutenant;
and the Lord Lieutenant
may appoint officers to administer those departments, and those officers shall
hold office during the pleasure of the Lord Lieutenant.
(4) The persons who are for the time being heads
of such departments of the Government of Southern Ireland as may be determined
by Act of the Parliament of Southern Ireland or, in the absence of any such determination,
by the Lord Lieutenant, and such other persons (if any) as the Lord Lieutenant
may appoint, shall be the ministers of Southern Ireland:
The persons who are for the time being heads of
such departments of the Government of Northern Ireland as may be determined by
Act of the Parliament of Northern Ireland, or, in the absence of any such
determination, by the Lord Lieutenant, and such other persons (if any) as the
Lord Lieutenant may appoint, shall be the ministers of Northern Ireland:
Provided that -
(a) no such person shall be a minister of
Southern Ireland or a minister of Northern Ireland unless he is a member of the
Privy Council of Ireland; and
(b) no such person shall hold office as a
minister of Southern Ireland or as a minister of Northern Ireland for a longer
period than six months, unless he is or becomes a member of the Parliament of
Southern Ireland or of Northern Ireland, as the case may be, but in reckoning
those six months any time prior to the date of the first meeting of the Parliament
of Southern Ireland or of Northern Ireland, as the case may be, or during which
that Parliament stands prorogued shall be excluded; and
(c) any such person not
being the head of a department of the Government of Southern Ireland or a
department of the Government of Northern Ireland shall hold office as a
minister of Southern Ireland or a minister of Northern Ireland during the
pleasure of the Lord Lieutenant in the same manner as the head of a department
of the Government of Southern Ireland or a department of the Government of
Northern Ireland holds his office.
(5) The persons who are ministers of Southern
Ireland for the time being shall be an executive committee of the Privy Council
of Ireland (to be called the Executive Committee of Southern Ireland) to aid
and advise the Lord Lieutenant in the exercise of his executive power in
relation to Irish services in Southern Ireland.
The persons who are ministers of Northern
Ireland for the time being shall be an executive committee of the Privy Council
of Ireland (to be called the Executive Committee of Northern Ireland) to aid
and advise the Lord Lieutenant in the exercise of his executive power in
relation to Irish services in Northern Ireland.
(6) In the exercise of power delegated to the
Lord Lieutenant in pursuance of this section no preference, privilege, or
advantage shall be given to, nor shall any disability or disadvantage be
imposed on, any person on account of religious belief except where the nature
of the case in which the power is exercised itself involves the giving of such
preference, privilege, or advantage, or the imposing of such a disability or
disadvantage.
(7) The seats of the Governments of Southern
Ireland and Northern Ireland shall be at Dublin and Belfast, respectively, or
such places as the Parliaments of Southern Ireland and Northern Ireland may
respectively determine.
(8) For the purposes of this Act, " Irish
services" in relation to Southern Ireland and Northern Ireland
respectively are all public services in connection with the administration of
civil government in Southern Ireland and Northern Ireland, except the
administration of matters with respect to which the Parliament of Southern
Ireland and the Parliament of Northern Ireland have under the provisions
hereinbefore contained no power to make laws, including in this exception all
public services in connection with the administration of matters by this Act
declared to be reserved matters so long as they continue to be reserved; and
the public services in connection with the matters so reserved are in this Act
referred to as reserved services.
- Reserved matters. -
(1) The Royal Irish Constabulary and the Dublin
Metropolitan Police and the management and control of those forces and the
administration of the Acts relating thereto, including appointments
remuneration and removal of magistrates thereunder, shall be reserved matters
until such date, not being later than the expiration of three years after the
appointed day, as His Majesty in Council may determine, and on the date so determined
the public services in connection with the administration of those Acts and the
management and control of those forces shall, by virtue of this Act, be
transferred from the Government of the United Kingdom to the Government of
Southern Ireland as respects Southern Ireland and to the Government of Northern
Ireland as respects Northern Ireland, and shall then cease to be reserved
services and become Irish services:
Provided that, if the date of Irish union occurs
before the said services are so transferred then, unless otherwise provided by
the constituent Acts, those services shall as soon as may he after the date of
Irish union be transferred from the Government of the United Kingdom to the
Government of Ireland.
(2) The following matters, namely, -
(a) the postal service;
(b) the Post Office Savings Bank and Trustee
Savings Banks;
(c) designs for stamps, whether for postal or
revenue purposes;
(d) the registration of deeds;
and
(e) the Public Record Office of Ireland;
shall be reserved matters until the date of
Irish union, and thereafter if the constituent Acts so provide, and on that
date if there should be no provision to the contrary in the constituent Acts,
or at such later date (if any) as may be prescribed by those Acts, as the case
may be, the public services in connection with the administration of those
matters, except so far as they are matters with respect to which the Parliament
of Ireland have not power to make laws, shall, by virtue of this Act, be
transferred from the Government of the United Kingdom to the Government of
Ireland, and shall then cease to be reserved services and become Irish
services:
Provided that -
(a) if before the date of Irish union the
Parliaments of Southern Ireland and Northern Ireland by identical Acts make
provision for the transfer of any of the said services to the Council of
Ireland or otherwise for the exercise of the powers relating thereto by the
Parliaments and Governments of Southern Ireland and Northern Ireland jointly,
such services shall be transferred in accordance with those Acts, and shall, on
such transfer, cease to be reserved services; and
(b) nothing in this
subsection shall prevent the Parliament or Government of Southern Ireland or
Northern Ireland establishing a Public Record Office of Southern Ireland or
Northern Ireland, as the case may be, for the reception and preservation of
public records appertaining to Southern Ireland or Northern Ireland which
otherwise would be deposited in the Public Record Office of Ireland, and, if
any such office is so established, provision may be made by the Lord Lieutenant
for the removal to that office of such probates, letters of administration, or
other testamentary records granted or coming into existence not earlier than
twenty years prior to the appointed day as, in his opinion, properly belong to
the part of Ireland in which the office is situated and can conveniently be
removed to that office.
(3) The general subject-matter of the Acts
relating to land purchase in Ireland shall be a reserved matter unless and
until otherwise provided by any Act of the Parliament of the United Kingdom
relating to Land purchase in Ireland (3 Edw. 7. c. 37), passed in the present
or any future session of that Parliament:
Provided that this reservation shall not include
-
(a) the powers and duties of the Congested
Districts Board for Ireland, other than the power of that Board to require
advances to be made to them under section seventy-two of the Irish Land Act,
1903; and
(b) the powers. and
duties of the Irish Land Commission and the Commissioners of Public Works in
Ireland with respect to the collection and recovery of purchase annuities, and,
except to such extent as may be provided by Irish transfer orders, the powers
of the Irish Land Commission with respect to holdings subject to purchase
annuities and the apportionment and consolidation of such annuities.
(4) On any transfer under or by virtue of this
Act of any reserved matter, the general provisions of this Act (so far as
applicable) and the provisions of this Act as to existing Irish officers and
existing pensions shall apply with respect to the transfer, with the
substitution of the date of the transfer for the appointed day or the date of
the passing of this Act.
- Powers of Council of Ireland. -
(1) The Parliaments of Southern Ireland and
Northern Ireland may, by identical Acts, delegate to the Council of Ireland any
of the powers of the Parliaments and Governments of Southern Ireland and
Northern Ireland, and such Acts may determine the manner in which the powers so
delegated are to be exerciseable by the Council.
(2) With a view to the uniform administration
throughout Ireland of publie services in connection with railways and
fisheries, and the administration of the Diseases of Animals Acts any powers
(not being powers relating to reserved matters) exerciseable by any department
of the Government of the United Kingdom at the appointed day with respect to
railways and fisheries and the contagious diseases of animals in Ireland and
the power of making laws with respect to railways and fisheries and the
contagious diseases of animals shall, as from the appointed day, become powers
of the Council of Ireland, and not of the Governments and Parliaments of
Southern Ireland and Northern Ireland:
Provided that nothing in this subsection shall
prevent the Parliament of Southern Ireland or of Northern Ireland making laws
authorising the construction, extension, or improvement of railways where the
works to be constructed are situate wholly in Southern Ireland or Northern
Ireland as the case may be:
Provided also that the appointed day fixed for
the purpose of this subsection shall be a date not earlier than the expiration
of the period of two years mentioned in section three (1) of the Ministry of
Transport Act, 1919 (9&10 Geo. 5. c. 50), and all claims arising before the
appointed day under section eight of the Ministry of Transport Act, 197.9, or
determinable as if they were claims so arising shall be satisfied by the
Minister of Transport in accordance with that section. The rates, fares, tolls,
dues, and other charges directed by the Minister of Transport under the
Ministry of Transport Act, 1919, and in force on the appointed day, may be
charged until fresh provision shall be made by the Council of Ireland, or the
Parliament of the United Kingdom, with regard to the amount of any such rates,
fares, tolls, dues, and other charges.
(3) The Council may consider any questions which
may appear in any way to bear on the welfare of both Southern Ireland and
Northern Ireland, and may, by resolution, made suggestions in relation thereto
as they may think proper, but suggestions so made shall have no legislative
effect, and in particular it shall be the duty of the Council of Ireland as
soon as may be after the constitution thereof to consider what Irish services
ought in the common interest to be administered by a body having jurisdiction
over the whole of Ireland, and what reserved services which are transferable on
the passing of identical Acts ought to be so transferred, and to made
recommendations to the Parliaments of Southern Ireland and Northern Ireland as
to the advisability of passing identical Acts delegating to the
Council of Ireland the administration of any
such Irish services, with a view to avoiding the necessity of administering
them separately in Southern Ireland or Northern Ireland, and providing for the
transfer of any such reserved services at the earliest possible date.
(4) Before any order made by the Council in
exercise of any legislative powers vested in the Council comes into force, the
order shall be presented to the Lord Lieutenant for His Majesty's assent in
like manner as a Bill passed by the Senate and House of Commons of Southern
Ireland or Northern Ireland, and, on such assent being given, the Order shall
have effect in Southern Ireland and Northern Ireland, respectively, as if
enacted by the Parliament of Southern Ireland or -Northern Ireland, as the case
m may be.
(5) For the purposes of their powers and duties
with respect to Private Bill legislation, railways and fisheries and diseases
of animals the Council shall have power to appoint such officers as, with the
consent of the Joint Exchequer Board, they may think necessary, and the
salaries and remuneration of those officers, and any other expenses of the
Council with respect to such matters as aforesaid, to such amount as the Joint
Exchequer Board may approve shall, so far as not met by fees paid to or other
receipts of the Council, he apportioned between Southern Ireland and Northern
Ireland in such manner as the Joint Exchequer Board may determine, and the
amounts so apportioned shall he charged on and paid out of the Consolidated
Fund of Southern Ireland and the Consolidated Fund of Northern Ireland
respectively; and for the purposes of their other powers and duties the Council
shall have power to appoint such secretaries and officers as, subject to the
consent of the Treasury of Southern Ireland and the Treasury of Northern
Ireland, they may think fit, and the salary and remuneration of those officers
and any other expenses of the Council to such amount as the said Treasuries may
approve shall, so far as not met as aforesaid, be paid out of moneys provided
by the Parliaments of , Southern Ireland and Northern Ireland in such
proportions as the said Treasuries may mutually agree, or in default of
agreement may be determined by the Joint Exchequer Board hereinafter
constituted.
(6) It shall be lawful for either Parliament at
any time by Act to revoke the delegation to the Council of Ireland of any
powers which are in pursuance of such identical Acts as aforesaid for the tim©
being delegated to the Council and thereupon the powers in question shall cease
to be exercise-able by the Council of Ireland and shall become exerciseable in
the parts of Ireland within their respective jurisdictions by the Parliaments
and Governments of Southern Ireland and Northern Ireland, and the Council shall
take such steps as may be necessary to carry out the transfer, including
adjustments of any funds in their hands or at their disposal:
Provided that this subsection shall not apply to
any service which on ceasing to be a reserved service has, in pursuance of identical
Acts passed by the two Parliaments, been transferred to the Council of Ireland.
PROVISIONS AS TO PARLIAMENTS OF SOUTHERN AND NORTHERN IRELAND.
- Summoning, &c., of
parliaments. -
(1) There shall be a session of the Parliament
of Southern Ireland and of the Parliament of Northern Ireland, once at least in
every year, so that twelve months shall not intervene between the last sitting
of either Parliament in one session and their first sitting in the next
session.
(2) The Lord Lieutenant shall, in His Majesty's
name, summon, prorogue, and dissolve the Parliament of Southern Ireland and the
Parliament of Northern Ireland.
- Royal assent to Bills. The Lord
Lieutenant shall give and withhold the assent of His Majesty to Bills
passed by the Senate and House of Commons of Southern Ireland or the
Senate and House of Commons of Northern Ireland, and to orders of the
Council of Ireland, subject to the following limitations : -
(1) He shall comply with any instructions given
by His Majesty in respect of any such Bill or order; and
(2) He shall, if so directed by His Majesty,
reserve any such Bill or order for the signification of His Majesty's pleasure,
and a Bill or order so reserved shall not have any force unless and until
within one year from the day on which it was presented to the Lord Lieutenant
for His Majesty's assent, the Lord Lieutenant makes known that it has received
His Majesty's assent.
- Constitution of Senates. -
(1) The Senate of Southern Ireland shall be
constituted as provided in the Second Schedule to this Act.
(2) The Senate of Northern Ireland shall be
constituted as provided in the Third Schedule to this Act.
(3) The provisions contained in the Fourth
Schedule to this Act shall have effect with respect to the nomination, election
and term of office of members of the Senates of Southern Ireland and Northern
Ireland.
- Constitution of Houses of
Commons. -
(1) The House of Commons of Southern Ireland
shall consist of one hundred and twenty-eight members returned by the
constituencies in Ireland named in Part I, of the Fifth Schedule to this Act,
and the number of members to be returned by each such constituency shall be the
number mentioned in the second column of that Part.
(2) The House of Commons of Northern Ireland
shall consist of fifty-two members returned by the constituencies in Ireland
named in Part II. of the Fifth Schedule to this Act, and the number of members
to be returned by each such constituency shall be the number mentioned in the
second column of that Part.
(3) The members shall be elected by the same
electors and in the same manner as members returned by constituencies in
Ireland to serve in the Parliament of the United Kingdom, except that at any contested
election of the full number of members the election shall be according to the
principle of proportional representation, each elector having one transferable
vote, as defined by the Representation of the People Act, 1918 (7&9 Geo. 5.
c. 64), and His Majesty in Council shall have the same power of making
regulations in respect thereto as he has under subsection (3) of section twenty
of that Act, and that subsection shall apply accordingly.
(4) The House of Commons of Southern Ireland and
the House of Commons of Northern Ireland when summoned shall, unless sooner
dissolved, have continuance for five years from the day on which the summons
directs the House to meet and no longer.
(5) After three years from the day of the first
meeting of the Parliament of Southern Ireland or Northern Ireland, that
Parliament may alter the qualification and registration of the electors, the
law relating to elections and the questioning of elections, the constituencies,
and the distribution of the members among the constituencies, provided that in
any new distribution the number of the members shall not be altered, and due
regard shall be had to the population of the constituencies other than
University constituencies.
- Application of election laws. -
(1) All existing election laws relating to the
Commons House of Parliament of the United Kingdom and the members thereof
shall, so. far as applicable and subject to the provisions of this Act, and
especially to any provision enabling the Parliaments of Southern Ireland and
Northern Ireland to alter those laws as respects the House of Commons of
Southern Ireland and Northern Ireland respectively, extend to the House of
Commons of Southern Ireland and Northern Ireland and the members thereof.
(2) His Majesty may, by Order in Council, make
such provisions as may appear to him necessary or proper for making any
provisions of the election laws applicable to elections of members of the
Senate and House of Commons of Southern Ireland and Northern Ireland.
- Money Bill. -
(1) Bills imposing taxation or appropriating
revenue or moneys shall originate only in the House of Commons of Southern
Ireland or Northern Ireland, but a Bill shall not be taken to impose taxation
or to appropriate revenue or moneys by reason only of its containing provisions
for the imposition or appropriation of fines or other pecuniary penalties, or
for the payment or appropriation of fees for licences or fees for services
under the Bill.
(2) The House of Commons of Southern Ireland or
Northern Ireland shall not adopt or pass any vote, resolution, address, or Bill
for the appropriation for any purpose of any part of the public revenue of
Southern Ireland or Northern Ireland or of any tax, except in pursuance of a
recommendation from the Lord Lieutenant in the session in which the vote,
resolution, address, or Bill is proposed.
(3) The Senate of Southern Ireland or Northern
Ireland may not amend any Bills so far as they impose taxation or appropriate
revenue or moneys for the services of the Government of Southern Ireland or
Northern Ireland, or for services administered by the Council of Ireland and
may not amend any Bill so as to increase any proposed charges or burdens on the
people.
(4) Any Bill which appropriates revenue or
moneys for the ordinary annual services of the Government of Southern Ireland
or Northern Ireland, or services administered by the Council of Ireland, shall
deal only with that appropriation.
- Disagreement between two. -
(1) If the House of Commons of Southern Ireland
or Northern Ireland pass any Public Bill, which is sent up to the Senate of
Southern Ireland or Northern Ireland at least one month before the end of the
session and the Senate of Southern or Northern Ireland reject or fail to pass
it or pass it with amendments to which the House of Commons will not agree, and
if the House of Commons in the next session again pass the Bill with or without
any amendments which have been made or agreed to by the Senate, and the Senate
reject or fail to pass it or pass it with amendments to which the House of
Commons will not agree, the Lord Lieutenant may, during that session, convene a
joint sitting of the members of such two Houses.
(2) The members present at any such joint sitting
may deliberate and shall vote together upon the Bill as last proposed by the
House of Commons and upon the amendments, if any, which have been made therein
by one House and not agreed to by the other, and any such amendments which are
affirmed by a majority of the total number of members of such Houses present at
such sitting shall be taken to have been carried.
(3) If the Bill with the amendments, if any, so
taken to have been carried is affirmed by a majority of the total number of
members of the two Houses present at such sitting, it shall be taken to have
been duly passed by both Houses:
Provided that, if the Senate of Southern Ireland
or Northern Ireland shall reject or fail to pass any Bill dealing with the
imposition of taxation or the appropriation of revenue or moneys for the public
service, such joint sitting may he convened during the same session in which
the Senate so reject or fail to pass such Bill.
- Privileges, qualifications,
&c. of members of the parliaments. -
(1) The powers, privileges, and immunities of
the Senate and House of Commons of Southern Ireland and the Senate and House of
Commons of Northern Ireland, and of the members and of the committees thereof,
shall be such as may be defined by Act of the Parliament in question, and, until
so defined, shall be those held and enjoyed by the Commons House of Parliament
of the United Kingdom and its members and committees at the date of the passing
of this Act.
(2) The law for the time being in force relating
to the qualification and disqualification of the members of the Commons House
of Parliament of the United Kingdom, and the taking of any oath required to be
taken by a member of that House, shall, save as otherwise provided by this Act,
apply to the members of the Senate and House of Commons of Southern Ireland and
members of the Senate and House of Commons of Northern Ireland.
(3) A person shall not be disqualified for being
a member of the Senate or House of Commons of Southern Ireland or a member of
the Senate or House of Commons of Northern Ireland by reason only that he is a
peer, whether of the United Kingdom, Great Britain, England, Scotland, or
Ireland.
(4) A member of the House of Commons of Southern
Ireland or Northern Ireland shall be incapable of being chosen or elected or of
sitting as a member of the Senate of Southern Ireland or Northern Ireland, and
a member of the Senate of Southern Ireland or Northern Ireland shall be
incapable of being chosen or elected or of sitting as a member of the House of
Commons of Southern Ireland or Northern Ireland; but a Minister of Southern
Ireland or Northern Ireland who is a member of either House of the Parliament
of Southern Ireland or Northern Ireland shall have the right to sit and speak
in both Houses, but shall vote only in the House of which he is a member.
(5) A member of the Senate or House of Commons
of Southern Ireland or Northern Ireland may resign his seat by giving notice of
resignation to the person and in the manner directed by standing orders of the
House, or, if there is no such direction, by notice in writing of resignation
sent to the Lord Lieutenant, and his seat shall become vacant on notice of
resignation being given.
(6) The powers of the Council of Ireland or the
Senate or House of Commons of Southern Ireland or Northern Ireland shall not be
affected by any vacancy therein, or by any defect in the nomination, election,
or qualification of any member thereof. (7) His Majesty may, by Order in
Council, declare that the holders of the offices in the executive of Southern Ireland
and Northern Ireland named in the Order shall not be disqualified for being
members of the Senate or House of Commons of Southern Ireland and Northern
Ireland respectively by reason of holding office under the Crown, and, except
as otherwise provided by Act of the Parliament of Southern Ireland or Northern
Ireland, the Order shall have effect as if it were enacted in this Act, and on
acceptance of any such office the seat of any such person in the House of
Commons of Southern Ireland or Northern Ireland shall not be vacated.
IRISH REPRESENTATION IN THE HOUSE OF COMMONS.
- Representation of Ireland in
the House of Commons of the United Kingdom. Unless and until the
Parliament of the United Kingdom otherwise determine, the following
provisions shall have effect : -
(a) After the appointed day the number of
members to be returned by constituencies in Ireland to serve in the Parliament
of the United Kingdom shall be forty-six, and the constituencies returning
those members shall (in lieu of the existing constituencies) be the
constituencies named in Parts I. and II. of the Fifth Schedule to this Act, and
the number of members to be returned by each such constituency shall be the
number mentioned in the third column of those Parts of that Schedule:
(b) The election laws and the laws relating to
the qualification of parliamentary electors shall not, so far as they relate to
elections of members returned by constituencies in Ireland to serve in the
Parliament of the United Kingdom, be altered by the Parliament of Southern
Ireland or Northern Ireland:
(c) On the appointed day, the members returned
by constituencies in Ireland to serve in the Parliament of the United Kingdom
shall vacate their seats, and writs shall, as soon as conveniently may he, be
issued for the purpose of holding an election of members to serve in the
Parliament of the United Kingdom for the constituencies, mentioned in Parts I.
and II. of the Fifth Schedule to this Act.
FINANCIAL
PROVISIONS.
20.
Establishment of
Southern and Northern Irish Exchequers. -
(1) There shall be an Exchequer and Consolidated
Fund of Southern Ireland and an Exchequer and Consolidated Fund of Northern
Ireland separate from one another and from those of the United Kingdom.
(2) All sums paid into the Exchequer of Southern
Ireland and the Exchequer of Northern Ireland shall form the Consolidated Fund
of Southern Ireland and the Consolidated Fund of Northern Ireland respectively,
and, subject to the provisions of any Act of the Parliament of Southern Ireland
or Northern Ireland, or this Act, er any other Act of the Parliament of the
United Kingdom charging any sums on any such Consolidated Fund, all such sums
shall be appropriated to the public service of Southern Ireland or Northern
Ireland, as the case may be, by Act of the Parliament of Southern Ireland or
Northern Ireland, and shall not be applied for any purpose for which they are
not so appropriated.
(3) Save as may be otherwise provided by Act of
the Parliament of Southern Ireland or Northern Ireland, the existing law
relating to the Exchequer and Consolidated Fund of the United Kingdom shall
apply with the necessary modifications to the Exchequer and Consolidated Fund
of Southern Ireland and Northern Ireland, and an officer shall be appointed by
the Lord Lieutenant to he Comptroller and Auditor-General for Southern Ireland
and Northern Ireland respectively.
(4) Save as may be otherwise provided by Act of
the Parliament of Southern Ireland or Northern Ireland, the accounts of the
Consolidated Fund of Southern Ireland and Northern Ireland respectively, shall
be audited as appropriation accounts, in manner provided by the Exchequer and
Audit Departments Act, 1866 (29&30 Vict. c. 39), and any Act amending the
same, by or under the direction of the appropriate Comptroller and
Auditor-General.
(5) For the purposes of this Act, any
contributions by Southern Ireland and Northern Ireland towards the expenses of
the Council of Ireland shall be treated as expenses of publie services of Southern
Ireland and Northern Ireland respectively.
- Powers of taxation. -
(1) The power of the Parliaments of Southern
Ireland and Northern Ireland to make laws shall include power to make laws with
respect to the imposing, charging, levying, and collection of taxes within
their respective jurisdictions, other than customs duties, excise duties on
articles manufactured and produced, and excess profits duty, corporation
profits tax, and any other tax on profits, and (except to the extent
hereinafter mentioned) income tax (including super-tax), or any tax
substantially the same in character as any of those duties or taxes, and the
Governments of Southern Ireland and Northern Ireland shall have full control
over the charging, levying, and collection of such taxes as their respective
Parliaments have power to impose, and the proceeds of all such taxes shall be
paid into the Consolidated Fund of Southern Ireland or Northern Ireland, as the
case may be.
Provided that it shall not be competent for the
Parliament of Southern Ireland or the Parliament of Northern Ireland to impose
any tax, whether recurrent or non-recurrent, of the nature of a general tax
upon capital, not being a tax substantially the same in character as an
existing tax.
(2) Provision shall be made by the Parliaments
of Southern Ireland and Northern Ireland for the cost within their respective
jurisdictions of Irish services and, except as provided by this Act, any charge
on the Consolidated Fund of the United Kingdom for those services, including any
charge for the benefit of the Local Taxation (Ireland) Account, or any grant or
contribution out of moneys provided by the Parliament of the United Kingdom so
far as made for those services shall cease, and money for loans in Ireland
shall cease to be advanced out of the Local Loans Fund.
(3) For the purposes of this Act, the excise
duty on a licence granted to a manufacturer or producer of an article, the
amount of which varies either directly or indirectly according to the amount of
the article manufactured or produced, shall be treated as an excise duty on an
article manufactured or produced; but, save as aforesaid, nothing in this Act
shall be construed as preventing the Parliaments of Southern Ireland and
Northern Ireland from making laws with respect to excise licence duties, or
duties. of excise other than excise duties on articles manufactured or
produced.
(4) Any articles which are brought into Great
Britain or the Isle of Man from Ireland, or into Ireland from Great Britain or
the Isle of Man, shall be deemed to be articles exported or imported for the
purposes of the forms to be used, and the information to be furnished under the
Customs Consolidation Act, 1876 (39&40 Vict. c. 36), or any Act amending
that Act, but not for any other purpose.
(5) Nothing in this section shall be construed
as authorising the Parliament or Government of Southern Ireland or Northern
Ireland to impose, charge, levy, or collect any duties of postage so long as
the postal service remains a reserved service.
- Reserved taxes. -
(1) The imposing, charging, levying, and
collection of customs duties and of excise duties on articles manufactured and
produced and the granting of customs and excise drawbacks and allowances, and,
except to the extent hereinafter mentioned, the imposing, charging, levying,
and collection of income tax (including super-tax) and excess profits duty,
corporation profits tax, and any other tax on profits shall be reserved
matters, and the proceeds of those duties and taxes shall be paid into the
Consolidated Fund of the United Kingdom.
(2) The Joint Exchequer Board shall in each year
determine what part of the proceeds of the said duties and taxes (except such
of those proceeds as consist of arrears of excess profits duty payable in
respect of any period before the passing of this Act) are properly attributable
to Ireland, and in making that calculation the Board shall treat the proceeds
collected in Ireland of any such duty or tag as the proceeds of that duty or
tax in Ireland, subject to such adjustments as the Board think equitable, with
a view to attributing to Ireland any proceeds of any of such duties and taxes
collected in Great Britain but properly attributable to Ireland and to
attributing to Great Britain the proceeds of any such duties and taxes collected
in Ireland but properly attributable to Great Britain, and the sum so
determined to be the Irish share of the proceeds of the said duties and taxes
is hereinafter referred to as the Irish share of reserved taxes.
(3) Subject as aforesaid, the Joint Exchequer
Board may make regulations for determining the manner in which in cases of
doubt the proceeds of such duties and taxes as aforesaid are to be apportioned
as between Great Britain and Ireland.
(4) The Commissioners of Customs and Excise and
the Com-missioners of Inland Revenue shall furnish to the Joint Exchequer Board
such information as the Board may require for the purposes aforesaid, and, to
enable the Commissioners to furnish such information, the Commissioners may
require any taxpayer in any return made by him under any enactment imposing any
such duty or tax to furnish such information as may be necessary for the
purpose.
(5) The reservation of the levying of such
duties and taxes as aforesaid shall include a reservation of all powers and obligations
incidental to the levying thereof or designed for preventing the evasion
thereof, and all powers and obligations respecting coastwise traffic contained
in the enactments relating to customs.
- Irish contribution to Imperial
expenditure. -
(1) Ireland shall in each year make a
contribution towards the Imperial liabilities and expenditure mentioned in the
Sixth Schedule to this Act.
(2) The amount of the contribution shall, in
each year until the end of the second financial year after the appointed day,
he, subject as hereinafter provided, a sum calculated at the rate of eighteen
million pounds a year, and after the end of the said second financial year
shall in each financial year be such proportion as is hereinafter mentioned of
the amount which the Joint Exchequer Board certify to have been the amount for
the preceding financial year of the said liabilities and expenditure.
(3) The proportion of Imperial liabilities and
expenditure to be so contributed shall be such as the Joint Exchequer Board
may, having regard to the relative taxable capacities of Ireland and the United
Kingdom, determine to be just; but the proportion so determined shall be
subject to revision by the Joint Exchequer Board at the end of the fifth
financial year after the date when it was first so determined and at the end of
every fifth financial year thereafter.
(4) The said contribution shall be apportioned
as between Southern Ireland and Northern Ireland in the following manner, that
is to say : -
(a) So long as the contribution remains at the
rate of eighteen million pounds a year, fifty-six per centum thereof shall be
apportioned to Southern Ireland and forty-four per centum thereof to Northern
Ireland:
(b) Thereafter such part
shall be apportioned to Southern Ireland and Northern Ireland respectively as
the Joint Exchequer Board may determine to correspond to their relative taxable
capacities at the time when the proportion of Imperial liabilities and
expenditure to be contributed is fixed.
(5) If the Joint Exchequer Board at any time
after the end of the said second financial year are of opinion that the said
contribution for the first or second financial year ought justly to have been
some less sum than eighteen million pounds, or ought to have been apportioned
as between Southern and Northern Ireland otherwise than in the manner
hereinbefore provided, they shall certify accordingly and direct, as the case
requires, either that an amount equal to the difference between the
contribution made and that less sum shall, be credited to the Exchequers of
Southern and Northern Ireland in the proportions in which the contribution was
made by them, or that the contribution shall be treated as having been
apportioned between Southern and Northern Ireland in such manner as may be
specified in the certificates, and such adjustments as are necessary for the
purpose of giving effect to any direction under this section may be made by the
Board in any payments to be subsequently made to those Exchequers on account of
the Irish residuary share of reserved taxes
- Irish residuary share of
reserved taxes. -
(1) There shall in respect of each year be
charged on and paid out of the Consolidated Fund of the United Kingdom to the
Exchequers of Southern Ireland and Northern Ireland a sum equal to the Irish
share of reserved taxes in that year after deducting -
(a) the amount of the Irish contribution towards
Imperial liabilities and expenditure;
and
(b) whilst any services
remain reserved services, the net cost to the Exchequer of the United Kingdom
during the year of the services so remaining reserved services, excluding
therefrom such sums as the Joint Exchequer Board may certify to have heen
expended in the provision of buildings (including the sites thereof) and equipment
for the purposes of the Supreme Court of Northern Ireland.
(2) The sum so payable to those Exchequers (in
this Act referred to as the Irish residuary share of reserved taxes) shall be
apportioned between them in such manner and shall be paid at such times, in
such manner, and according to such regulations, as the Joint Exchequer Board
may direct, and those regulations may provide for payments being made to the
Exchequers of Southern Ireland and Northrn Ireland, respectively, on account of
the sums which may ultimately be found to be payable to those Exchequers in
respect of the Irish residuary share of reserved taxes.
(3) In determining the apportionment as between
the Exchequers of Southern and Northern Ireland of the Irish residuary share of
reserved taxes, the Joint Exchequer Board shall act on the following
principles : -
(a) So far as the amount of the said share
depends on the proceeds of any tax, they shall determine what parts of the
proceeds are properly attributable to Southern and Northern Ireland
respectively, and shall allot the amount so determined accordingly:
(b) So far as the amount of the said share
depends on the amount of the Irish contribution towards Imperial liabilities
and expenditure, they shall allot to Southern Ireland and Northern Ireland
their respective shares in that contribution determined in manner hereinbefore
provided:
(c) So far as the amount
of the said share depends on the cost of any service, they shall, where the
cost of the service in Southern and Northern Ireland respectively can be
ascertained, allot to Southern and Northern Ireland the cost of the service in
Southern and Northern Ireland respectively; and, where the cost of the service
in Southern and Northern Ireland cannot in their opinion be ascertained with sufficient
accuracy, they shall divide the cost between them in proportion to population.
(4) The Joint Exchequer Board shall apportion
any sum which under this Act is to be made good by deductions from the Irish
residuary share of reserved taxes on the like principles.
- Power of granting relief from
income tax and super-tax. -
(1) The Parliament of Southern Ireland or of
Northern Ireland shall have power to grant relief from income tax and super-tax
or either of those taxes to individuals resident and domiciled in Southern
Ireland and Northern Ireland respectively and such relief may be given either
generally to all such individuals or to individuals whose total income is less
than such amount as may be determined by the Act granting the relief.
(3) Such relief as aforesaid shall be granted,
by way of repayment of any part or the whole of the income tax or super-tax
paid by the individuals to whom the relief is granted, and the Act granting the
relief may provide for the amounts so repayable being repaid in like manner as
other repayments under the Income Tax Acts.
(4) The making of such repayments shall rest
with the Government of Southern Ireland or Northern Ireland, as the case may
be, and the repayments shall be made out of, the Consolidated Fund of Southern Ireland
or Northern Ireland, as the case may be:
Provided that the Commissioners of Inland
Revenue and other authorities and officers by whom income tax and super-tax are
levied and collected may, at the request and at the expense of the Government
of Southern Ireland or Northern Ireland, as the case may be, make such payments
on behalf of the Government of Southern Ireland or Northern Ireland.
(5) Sums paid under this section, whether or not
paid by the Commissioners of Inland Revenue, shall not be taken into account in
determining for the purposes of this Act the amount of the Irish share of
reserved taxes.
- Provisions as to land purchase
annuities. -
(1) Purchase annuities payable in respect of
land situate in Southern Ireland and Northern Ireland respectively, including
any arrears thereof due or accruing due on the appointed day, shall be
collected by the Governments of Southern Ireland and Northern Ireland, and the
amounts so collected shall be paid into their respective Exchequers, but
nothing in this Act shall confer on either such Government any powers with
respect to the redemption of purchase annuities.
(2) In each year a sum equal to the amount
payable in that year in respect of purchase annuities shall be paid into the
Irish Land Purchase fund or account, or other appropriate 'fund or account, out
of moneys provided by the Parliament of the United Kingdom.
(3) Where after the appointed day an existing
purchase annuity is redeemed, a sum equal to the annuity shall be paid out of
moneys provided by the Parliament of the United Kingdom to the Exchequer of
Southern Ireland or Northern Ireland, as the case may require, in each year so
long as the purchase annuity would, if not redeemed, have continued to be
payable.
(4) Payments under this section out of moneys
provided by the Parliament of the United Kingdom shall not be treated as part
of' the cost to the Exchequer of the United Kingdom of reserved services except
so far as they represent new purchase annuities.
(5) For the purposes of this Act -
the expression "purchase annuities,"
in addition to purchase annuities as defined in the Purchase of Land (Ireland)
Act, 1891 (54&55 Vict. c. 48), includes annuities for the repayment of
advances made under any of the Land Purchase Acts prior to the Purchase of Land
(Ireland) Act, 1891, and annuities for the repayment of advances made under the
Labourers (Ireland) Act, 1906, or under any other Act relating to land purchase
in Ireland; the expression "existing purchase annuity" means a
purchase annuity payable in respect of an advance made in pursuance of a
purchase agreement entered into, or, in the case of a purchase annuity payable
under the Labourers (Ireland) Act, 1906, in pursuance of a scheme approved
before the passing of this Act; the expression "new purchase annuity"
means a purchase annuity payable in respect of an advance made in pursuance of
a purchase agreement entered into or, in the case of a purchase annuity payable
under the Labourers (Ireland) Act, 1906 (6 Edw. 7. c. 37), in pursuance of a scheme
approved, after the passing of this Act.
- Existing public loans. -
(1) The power of collecting and enforcing the
payment of sums due on account of loans made before the appointed day to
authorities and persons in Southern Ireland or Northern Ireland out of the
local loans fund, the development fund the road improvement fund or other
similar public fund, shall be transferred to the Governments of Southern
Ireland and Northern Ireland respectively, and the amounts so collected by them
shall be paid into their respective Exchequers:
Provided that this section shall not apply to
advances out of the local loans fund for the purposes of the enactments
relating to land purchase in Ireland.
(2) A sum equal to the amount due in respect of
such loans shall in each year be paid into the appropriate fund out of moneys
provided by the Parliament of the United Kingdom, and shall, subject to the
deduction of such sum as the Joint Exchequer Board think just to cover such
loss as may he anticipated to result from payments on account of any such loans
proving to be irrecoverable, be made good by deductions from the Irish
residuary share of reserved taxes in accordance with regulations made by the
Treasury.
- Provisions against double death
duties. -
(1) Where the Commissioners of Inland Revenue
are satisfied that estate duty or any duty in the nature of estate duty is
payable in Southern Ireland or Northern Ireland by reason of a death in respect
of any property situated in Southern Ireland or Northern Ireland and passing on
such death, they shall allow a sum equal to the amount of that duty to be
deducted from the estate duty payable in Great Britain in respect of that
property on the same death.
(2) Where the Department of the Government of
Southern Ireland or Northern Ireland corresponding to the Commissioners of
Inland Revenue are satisfied that estate duty is payable in Great Britain by
reason of a death in respect of any property situate in Great Britain and
passing on such death, they shall allow a sum equal to the amount of that duty
to be deducted from the estate duty or duty in the nature of estate duty
payable in Southern Ireland or Northern Ireland in respect of that property on
the same death.
(3) The foregoing provisions shall apply as
between Southern Ireland on the one hand and Northern Ireland on the other in
like manner as they apply as between Great Britain on the one hand and Southern
or Northern Ireland on the other.
(4) If any question arises as to whether any
property is to be treated for the purposes of this section as situate in Great
Britain or in Southern Ireland or in Northern Ireland, the question shall be
decided by the Joint Exchequer Board.
(5) Any Irish transfer order providing for the
adaptation of the enactments relating to the resealing or certification in one
country of probate or letters of administration or confirmation of executors
granted in another country, may provide that the court or officer before
resealing or certifying the probate or letters of administration or
confirmation shall be satisfied that estate duty, or duty in the nature of
estate duty, has been paid in respect of so much, if any, of the estate as is
liable to that duty in the country in which the resealing or certification
takes place, and for requiring the resealing or certification of probate,
letters of administration, or confirmation of executors, in cases where, by
virtue of section forty-eight of the Finance (No. 2) Act, 1915 (5&6 Geo. 5.
c. 89), such resealing or certification is not required.
- Provisions against double stamp
duties. -
(1) Where an instrument is chargeable with stamp
duty in Great Britain and in Southern Ireland and in Northern Ireland, or in
any two of those countries, and has been stamped in any one of those countries,
the instrument shall, to the extent of the duty it bears, be deemed to be
stamped in the other country or countries :
Provided that, if the stamp duty chargeable on
any instrument in such other country exceeds the stamp duty chargeable in
respect of that instrument in the country or countries in which the instrument
has previously been stamped, the instrument shall not be deemed to have been
duly stamped in such other country unless and until stamped in accordance with
the laws of that country with a stamp denoting an amount equal to such excess.
(2) Where composition for stamp duty is made or
agreed to be made in any one of such countries, any instrument which by virtue
of the composition is exempt from the payment of duty in that country shall,
for the purposes of this section, be treated in any other such country as
having been stamped in the first-mentioned country with a stamp denoting the
amount of duty which, but for the composition, would have been chargeable on
that instrument:
Provided that, if the legislature of such other
country has imposed any conditions on the recognition therein of any
composition made or agreed to be made in the first-mentioned country, this
subsection shall not apply unless those conditions are complied with.
- Interavailiability of excise
licences.
Any excise licence granted by the Government of
Southern Ireland shall, without payment of further duty, be available in
Northern Ireland unless and until the Parliament of Northern Ireland otherwise
determines, and any excise licence granted by the Government of Northern
Ireland shall, without payment of further duty, be available in Southern
Ireland unless and until the Parliament of Southern Ireland otherwise
determines :
Provided that, if the rate of duty in respect of
any licence is higher in one such part of Ireland than in the other, any such
licence granted in the part in which the lower duty is charged shall not be
available in the other part until the, difference has been paid in that other
part.
- Irish Church Fund.
The Irish Church Temporalities Fund shall belong
to and be apportioned between the Governments of Southern Ireland and Northern
Ireland in such manner as may be determined by the Joint Exchequer Board, and
the parts apportioned to the several governments shall be managed,
administered, and disposed of as directed by Act of the appropriate Parliament:
Provided that all existing charges on that fund
shall, if and so far as not paid, be paid out of the Exchequer of the United
Kingdom, and be made good by means of deductions from the Irish residuary share
of reserved taxes in accordance with regulations made by the Treasury.
- Joint Exchequer Board. -
(1) For the purposes of the financial provisions
of this Act, there shall be established a Board to be called the Joint
Exchequer Board, consisting of two members appointed by the Treasury, one
member appointed by the Treasury of Southern Ireland, one member appointed by
the Treasury of Northern Ireland, and a chairman appointed by His Majesty.
(2) The authority by whom a member (including
the chairman) is appointed may appoint a deputy who shall be entitled to act
for the member at any meeting of the Joint Exchequer Board which the member is
unable to attend.
(3) It shall be the duty of the Joint Exchequer
Board to determine any matter which is to be determined by the Board under this
Act, or in pursuance of any Irish Transfer Order made under this Act, and also
to determine any other matter in connexion with the Irish residuary share of
reserved taxes, or Irish revenue or expenditure, or the cost of any reserved
service which may be referred to them for determination jointly by the Treasury
and the Treasury of Southern Ireland or Northern Ireland, or jointly by the
Treasuries of Southern and Northern Ireland, and also to determine for the
purposes of this Act whether any tax is substantially the same in character as,
or has been imposed in lieu of, another tax, and, subject to the provisions of
this Act as to appeals from decisions of the Board, the decision of the Board
on any matter which is to be determined by them shall be final and conclusive.
(4) Any vacancy arising in the office of a
member of the Board shall be filled by the authority by whom the member whose
place is vacant was appointed.
(5) The Board may act by a majority and
notwithstanding any vacancy in their number; the quorum at any meeting of the
Board shall be three; subject to the provisions of this Act, the Board may'
regulate their own procedure.
(6) There shall be paid to the Chairman such
salary or remuneration as the Treasury may determine, and the amount' thereof
shall be charged on and payable out of the, Consolidated Fund of the United
Kingdom or the growing produce thereof.
- Power of trustees to invest in
Irish securities.
Any stock or securities issued in respect of any
loan raised by the Government of Southern Ireland or Northern Ireland shall be
deemed to be included amongst the securities in which a trustee may invest
under the powers of the Trustee Act, 1893, or the Trusts (Scotland) Acts, 1861
to 1910 (56&57 Vict. c. 53).
- Temporary provision as the
payments into and out of the Irish Exchequer. -
(1) There shall be charged on the Consolidated
Fund of the United Kingdom or the growing produce thereof and, as soon as may
be after the appointed day, paid thereout to the Exchequers of Southern Ireland
and Northern Ireland respectively such sums as the Joint Exchequer Board may
certify to be necessary for the purpose of providing buildings (including the
sites thereof) and for their equipment for the accommodation of the Parliaments
and public departments in Southern and Northern Ireland respectively.
(2) The Joint Exchequer Board may authorise the
Lord Lieutenant to make such payments from the Exchequers of Southern Ireland
and Northern Ireland as may be necessary in order to provide for bringing this
Act into operation, but no such authority shall be given as respects the;
Exchequer of Southern Ireland or Northern Ireland after the expiration of a
period of three months from the first meeting of the Parliament of Southern
Ireland or Northern Ireland, as the case may be.
- Provisions applicable after
date of Irish union. -
(1) As from the end of the financial year in
which the date of Irish union falls, the foregoing financial provisions shall
have effect, subject to the following modifications : -
(a) There shall be an Irish Exchequer and an
Irish Consolidated Fund in the place of, or, if constituent Acts so provide, in
addition to the Exchequers and Consolidated Funds of Southern Ireland and
Northern Ireland:
(b) The Parliament and Government of Ireland
shall, except so far as constituent Acts otherwise provide, have all the powers
of taxation (including the powers in relation to income tax and super-tax)
which before the date of Irish union were vested in the Governments and
Parliaments of Southern Ireland and Northern Ireland:
(c) The Irish residuary share of reserved taxes
shall be paid into the Irish Exchequer:
(d) The Government of Ireland shall, unless the
constituent Acts otherwise provide, have the power to collect and recover
purchase annuities, and the annuities collected by them shall be paid into the
Irish Consolidated Fund:
(e) For the members of the Joint Exchequer Board
appointed by the Treasuries of Southern Ireland and Northern Ireland, there
shall be substituted two members appointed by the Irish Treasury:
( f ) The provisions
making stock or securities issued in respect of loans raised by the Governments
of Southern Ireland and Northern Ireland trustee securities shall extend to
stock or securities issued in respect of loans raised by the Government of
Ireland.
(2) Provision shall be made by the Parliament of
Ireland for the cost of Irish services administered by the Government of
Ireland.
(3) All sums paid into the Irish Exchequer shall
form the Irish Consolidated Fund, and, subject to the provisions of any Act of
the Parliament of Ireland, or this Act, or any other Act of the Parliament of
the United Kingdom charging any sums on the Irish Consolidated Fund, all such
sums shall be appropriated to the public service of Ireland by Act of the
Parliament of Ireland, and . shall not be applied for any purpose for which
they are not so appropriated.
(4) Save as may be otherwise provided by Act of
the Parliament of Ireland, the existing law relating to the Exchequer and
Consolidated Fund of the United Kingdom shall apply with the necessary
modifications to the Irish Exchequer and Consolidated Fund, and an officer
shall be appointed by the Lord Lieutenant to be Comptroller and Auditor-General
for Ireland.
(5) Save as may be otherwise provided by Act of
the Parliament of Ireland, the accounts of the Irish Consolidated Fund shall be
audited as appropriation accounts in manner provided by the Exchequer and Audit
Departments Act, 1866, and any Acts amending the same, by or under the
direction of the Irish Comptroller and Auditor-General.
- Future consideration of the
transfer of Customs and Excise.
If at any time after the date of Irish union an
address for the purpose is presented by both Houses of the Parliament of
Ireland, the Joint Exchequer Board shall forth -with take into consideration
the transfer to the Parliament and Government of Ireland of the powers of
imposing, charging, levying and collecting customs duties and excise duties
reserved by this Act, and report thereon and on the methods by which in case of
such transfer the payment of the Irish contribution to Imperial liabilities and
expenditure can be secured, and shall cause a copy of their report to be laid
before the Parliament of the United Kingdom and the Parliament of Ireland.
LORD LIEUTENANT.
- Office of Lord Lieutenant. -
(1) Notwithstanding anything to the contrary in
any Act, no subject of His Majesty shall be disqualified for holding the office
of Lord Lieutenant of Ireland on account of his religious belief.
(2) The term of office of the Lord Lieutenant
shall be six years, without prejudice to the power of His Majesty at any time
to revoke the appointment, and with the intent that the continuance in office
of the Lord Lieutenant shall not be affected by any change of ministry.
(3) The salary and expenses of the Lord
Lieutenant shall be paid out of moneys provided by the Parliament of the United
Kingdom, but there shall be deducted from the Irish residuary share of reserved
taxes in each year, towards the payment of the Lord Lieutenant's salary, a sum
of five thousand pounds.
PROVISIONS AS TO COURTS OF LAW AND JUDGES.
- Establishment of courts.
The Supreme Court of Judicature in Ireland shall
cease to exist, and there shall be established in Ireland the following courts,
that is to say, a court having jurisdiction in Southern Ireland, to be called
the Supreme Court of Judicature of Southern Ireland, a court having
jurisdiction in Northern Ireland, to be called the Supreme Court of Judicature
of Northern Ireland, and a court having appellate jurisdiction throughout the
whole of Ireland, to be called the High Court of Appeal for Ireland.
- Divisions and constitution of
Supreme Court of Southern Ireland. -
(1) The Supreme Court of Judicature of Southern Ireland
shall consist of two divisions, one of which, under the name of His Majesty's
High Court of Justice in Southern Ireland, shall, in Southern Ireland, have and
exercise all such jurisdiction as is now exercised by His Majesty's High Court
of Justice in Ireland and by the judges of that Court (including the land
judges), and the other of which, under the name of His Majesty's Court of
Appeal in Southern Ireland, shall, in Southern Ireland, have and exercise all
such jurisdiction as is now exercised by His Majesty's Court of Appeal in
Ireland.
(2) The High Court of Justice in Southern
Ireland and the Court of Appeal in Southern Ireland shall, subject to the
provisions of Part III. of the Seventh Schedule to this Act, be constituted in
manner provided by Part I. of that Schedule.
- Divisions and constitution of
Supreme Court of Northern Ireland. -
(1) The Supreme Court of Judicature of Northern
Ireland shall consist of two divisions, one of which under the name of His
Majesty's High Court of Justice in Northern Ireland shall, in Northern Ireland,
have and exercise all such jurisdiction as is now exercised by His Majesty's
High Court of Justice in Ireland and by the judges of that court (including the
land judges), and the other of which, under the name of His Majesty's Court of
Appeal in Northern Ireland shall, in Northern Ireland, have and exercise all
such jurisdiction as is now exercised by His Majesty's Court of Appeal in
Ireland.
(2) The High Court of Justice in Northern
Ireland and the Court of Appeal in Northern Ireland shall, subject to the
pro-visions of Part III. of the Seventh Schedule to this Act, be constituted in
manner provided by Part II. of that Schedule.
- Application of existing
enactments and rules. -
(1) Subject to the provisions of this Act and
any modifications or adaptations made by Irish Transfer Orders under this Act,
all enactments relating to the Supreme Court of Judicature in Ireland and the
judges and officers thereof shall apply to the Supreme Court of Judicature in
Southern Ireland and to the Supreme Court of Judicature in Northern Ireland
respectively, and the judges and officers thereof, as they apply to the Supreme
Court of Judicature in Ireland and the judges and officers thereof; and as if
for references to the High Court of Justice in Ireland there were substituted
references to the High Court of Justice in Southern Ireland or the High Court
of Justice in Northern Ireland, as the case may be, and as if for references to
the Court of Appeal in Ireland there were substituted references to the Court
of Appeal in Southern Ireland or the Court of Appeal in Northern Ireland, as
the case may be:
Provided that, where but for this provision an
appeal under section fifty-one of the Supreme Court or Judicature Act
(Ireland), 1877 (40&41 Vict. c. 57), would lie to a divisional court,
whether by way of motion for new trial or otherwise, an appeal shall lie to the
Court of Appeal in Southern Ireland or Northern Ireland as the case may be
instead of to a divisional court.
(2) The existing rules of court made under the
enactments relating to the Supreme Court of Judicature in Ireland shall be
deemed to have been made under those enactments as applied by this Act to the
Supreme Court of Judicature in Southern Ireland and the Supreme Court of
Judicature in Northern Ireland respectively, and shall have effect accordingly
with the necessary modifications in Southern Ireland and Northern Ireland
respectively, and any such rules of court may be altered or annulled as if they
had been made under those enactments as so applied.
(3) The Judgments Extension Act, 1868 (31&31
Vict. c. 54), shall apply to the registration and enforcement in the Supreme
Court of Southern Ireland and Northern Ireland respectively of judgments
obtained or entered up in the Supreme Courts of Northern Ireland and Southern
Ireland respectively, in like manner as it applies to the registration and
enforcement in the Supreme Court of Judicature in Ireland, of judgments
obtained or entered up in the Supreme Court of Judicature in England.
(4) A judge of the Supreme Court of Northern
Ireland, shall not be named in a commission of assize or other com-mission,
whether general or special, in Southern Ireland, and a judge of the Supreme
Court of Southern Ireland shall not be named in a commission of assize or other
commission, whether general or special, in Northern Ireland.
- Constitution and officers of
High Court of Appeal for Ireland. -
(1) The High Court of Appeal for Ireland shall
be constituted of the following ex-officio judges, that is to say, the Lord
Chancellor of Ireland, who shall be president of the court, the Lord Chief
Justice of Southern Ireland and the Lord Chief Justice of Northern Ireland and
of such other judges as may from time to time be nominated as members hereof in
manner hereinafter provided.
(2) The High Court of Appeal for Ireland, when
hearing any appeal, shall consist of three judges sitting together, of whom one
shall be the Lord Chancellor of Ireland, another shall be the Lord Chief
Justice of Southern Ireland, or a judge of the Supreme Court of Southern
Ireland nominated by him to act in his place, and the third shall be the Lord
Chief Justice of Northern Ireland, or a judge of the Supreme Court of Northern
Ireland nominated by him to act in his place:
Provided that -
(a) if the Lord Chancellor considers that the
case is of such importance that it is advisable that the court should consist
of five judges, it shall consist of such three judges as aforesaid, together
with an additional judge of the Supreme Court of Southern Ireland, nominated by
the Lord Chief Justice of Southern Ireland, and an additional judge of the
Supreme Court of Northern Ireland, nominated by the Lord Chief Justice of
Northern Ireland;
(b) if the Lord Chancellor
is unable to sit, the court shall consist of four judges, namely, the Lord
Chief Justice of Southern Ireland, or a judge of the Supreme Court of Southern
Ireland nominated by him, the Lord Chief Justice of Northern Ireland, or a
judge of the Supreme Court of Northern Ireland nominated by him, a judge of the
Supreme Court of Southern Ireland nominated by the Lord Chief Justice of
Southern Ireland, and a judge of the Supreme Court of Northern Ireland
nominated by the Lord Chief Justice of Northern Ireland.
(3) The High Court of Appeal for Ireland when
hearing an appeal from the Supreme Court of Southern Ireland shall sit in
Southern Ireland, and when hearing an appeal from the Supreme Court of Northern
Ireland shall sit in Northern Ireland ; and if the Lord Chancellor is not
sitting, the Lord Chief Justice of the court within whose jurisdiction the High
Court of Appeal is sitting, shall, if he sits as a judge of that court,
preside; subject as aforesaid, judges of the Supreme Court of Southern Ireland and
of Northern Ireland holding corresponding offices shall, when sitting as judges
of the High Court of Appeal for Ireland, rank according to the priority of
their respective appointments.
(4) No judge shall sit as a judge of the High
Court of Appeal for Ireland on the hearing of an appeal from any judgment or
order made in a cause or matter heard by himself either sitting alone or with
other judges, or from a judgment or order reversing, varying, or affirming a
judgment or order so made.
(5) There shall be attached to the High Court of
Appeal for Ireland such officers as the Lord Chancellor, with the approval of
the Joint Exchequer Board as to number, may appoint, and there shall be paid to
such officers 'out of moneys provided by the Parliament of the United Kingdom
such salaries and allowances as the Joint Exchequer Board may determine, and
there shall be paid out of moneys so provided to every judge of the said court
such allowances as may be determined by the said Board in respect of
attendances at the sittings of the court when it sits in a part of Ireland in
which he does not reside.
- Jurisdiction of High Court of
Appeal for Ireland. -
(1) An appeal shall lie to the High Court of
Appeal for Ireland from any decision of the Court of Appeal in Southern Ireland
or the Court of Appeal in Northern Ireland, and all questions which under the
Crown Cases Act, 1848 (11&12 Vict. c. 78), would be reserved for the
decision of the Judges of the High Court shall be reserved for the decision of
the High Court of Appeal for Ireland, whose decision shall, except as
hereinafter provided, be final, and the High Court of Appeal for Ireland shall
have jurisdiction and power to hear and determine all such appeals and
questions subject to the rules or orders of the Court.
(2) The Lord Chancellor, with the assistance of
the Lord Chief Justice of Southern Ireland and the Lord Chief Justice of
Northern Ireland, and as respects fees subject to the approval of the Joint
Exchequer Board, shall make rules for regulating the procedure of the High
Court of Appeal for Ireland, and any other matter with respect to which rules
of court may be made under the Judicature (Ireland) Acts, 1877 to 1907 ;
and the court shall for all purposes of and incidental to the determination of
any appeal within its jurisdiction, and the amendment, execution and
enforcement , of any judgment or order made on any such appeal have all the
powers, authority and jurisdiction for the time being vested in the Supreme
Court of Southern Ireland and the Supreme Court of Northern Ireland.
- Provisions as to Lord
Chancellor. -
(1) The provisions relating to the tenure of
office by a judge of the Supreme Court of Southern Ireland or Northern Ireland,
shall apply to the office of Lord Chancellor of Ireland.
(2) Nothing in this Act shall affect any
jurisdiction exercised by the Lord Chancellor in respect of and on behalf of
His Majesty as visitor of any college or other charitable foundation ;
but, save as aforesaid, the Lord Chancellor shall not exercise any executive
functions, and the Lord Chancellor shall cease to be Keeper of the Great Seal
of Ireland, and the custody thereof and such executive functions as aforesaid
shall he transferred to the Lord Lieutenant.
- Provisions as to Master of the
Rolls.
Any jurisdiction of the Master of the Rolls in
Ireland with respect to public records in his custody shall be transferred to
the Lord Lieutenant:
Provided that nothing in this section shall
affect the rank, title or precedence of the existing Master of the Rolls.
- Transitory provisions.
The provisions set out in Part III. of the
Seventh Schedule to this Act shall have effect with respect to existing judges
and officers of the Supreme Court of Ireland (including officers attached to
that Court), existing barristers, solicitors and solicitors apprentices, and
pending proceedings.
- Provisions as to judicature
before and after Irish Union. -
(1) All matters relating to the Supreme Court of
Southern Ireland, the Supreme Court of Northern Ireland and the High Court of
Appeal for Ireland. shall be reserved matters until the date of Irish union,
but the constituent Acts, or any Act of the Parliament of Ireland, may provide
for the amalgamation of the Supreme Court of Southern Ireland and the Supreme
Court of Northern Ireland and the abolition or merger in the court so
constituted of the High Court of Appeal for Ireland, and way provide, as
respects judges appointed after the date of Irish union, for such judges being
appointed by the Lord Lieutenant and the substitution of an address from both
Houses of the Parliament of Ireland for an address from both Houses of the
Parliament of the United Kingdom in the provisions relating to the removal of
judges, and for the salaries and pensions of such judges being charged on and
paid out of the Irish Consolidated Fund instead of the Consolidated Fund of the
United Kingdom. The reservation of matters relating to Supreme Courts as
aforesaid shall not extend to the regulation of the profession of solicitors.
(2) The provisions of this Act as to existing
judges and existing pensions shall, after the date of Irish union, with the
necessary modifications, extend to the judges who at that date are judges of
any of the said courts, and to any pensions which at that date are payable to
any persons on account of service as such judges.
- County court judges. -
(1) A judge of any county court or other court
with a like jurisdiction in Ireland, appointed alter the appointed day, shall
be appointed by the Lord Lieutenant, and shall hold his office on the same
tenure as that by which the office is held at the time of the passing of this
Act, with the substitution of an address from both House of the Parliament of
Southern Ireland or of Northern Ireland, as the case may he, for an address
from both Houses of the Parliament of the United Kingdom, and during his
continuance in office his salary shall not be diminished or his rate of pension
altered without his consent.
(2) Such rearrangement of the areas within the
jurisdiction of county court judges shall be made by order of the Lord
Lieutenant that the area of jurisdiction of any such judge shall be wholly
within Southern Ireland or Northern Ireland.
- Appeals from the High Court of
Appeal for Ireland. An appeal shall lie from the High Court of Appeal for
Ireland to the House of Lords -
(a) in any case where under existing enactments
such an appeal would lie from the existing Court of Appeal in Ireland to the
House of Lords;
(b) in any case where a person is aggrieved by
any decision of the High Court of Appeal for Ireland in any proceedings taken
by way of certiorari, mandamus, quo warranto or prohibition;
(c) in any case where a decision of the High
Court of Appeal for Ireland involves a decision of any question as to the
validity of any law made by or having the effect of an Act of the Parliament of
Southern Ireland or Northern Ireland and the decision is not otherwise subject
to appeal:
Provided that -
(i) where under the existing enactments an
appeal does not lie to the House of Lords, except with the leave of the
existing Court of Appeal in Ireland, an appeal under this section shall not lie
except with the leave of the High Court of Appeal for Ireland;
(ii) an appeal shall not
lie in the cases mentioned in paragraph (c) of this section, except with the
leave of the High Court of Appeal for Ireland or the House of Lords.
50.
Appeals where validity
of Irish law questioned.
Where any decision of a court in Ireland
involves the decision of any question as to the validity of any law made by or
having the effect of an Act 'of the Parliament of Southern Ireland or Northern
Ireland, and the decision is not under the existing enactments subject to any
appeal to the Court of Appeal in Ireland, an appeal shall lie to the High Court
of Appeal for Ireland by virtue of this section.
51.
Special provision for
decision of constitutional questions. -
(1) If it appears to the Lord Lieutenant or a
Secretary of State expedient in the public interest, that steps shall be taken
for the speedy determination of the question whether any Act, or order having
the effect of an Act of the Parliament of Southern Ireland or Northern Ireland,
or any, provision thereof, or any Bill introduced in either of those
Parliaments, or any provision thereof, or any legislative proposal before the
Council of Ireland, is beyond the powers of such Parliament or Council or
whether any service is an Irish Service within the meaning of this Act or not,
or if the Joint. Exchequer Board, or any two members of the Board, in the
execution of their duties under this Act, are desirous of obtaining the
decision of any question of the interpretation of this Act, or other question
of law, which in connexion with those duties, the Lord Lieutenant, Secretary of
State, or Board, or Members thereof, as the case may be, may represent the same
to His Majesty in Council, and thereupon, if His Majesty so directs, the said
question shall be forthwith referred to and heard and determined by the
Judicial Committee of the Privy Council.
(2) Upon the hearing of the question such
persons as seem to the Judicial Committee to be interested may be allowed to
appear and be heard as parties to the case, and the decision of the Judicial
Committee shall be given in like manner as if it were the decision of an
appeal, the nature of the report or recommendation to His Majesty being stated
in open court.
(3) Nothing in this Act shall prejudice any
other power of His Majesty in Council to refer any question to the Judicial
Committee or the right of any person to petition His Majesty for such
reference.
- Appeals from decisions of Joint
Exchequer Board. -
(1) If any decision of the Joint Exchequer Board
wider this Act involves a decision with respect to any question of law, any
person may petition His Majesty in Council to refer the question of law to the
Judicial Committee of the Privy Council, and, if His Majesty so directs, the
question of law shall he referred to and heard and determined by that
Committee, and, if the Judicial Committee determine that the point of law has
been. erroneously decided by the Joint Exchequer Board, they shall report their
determination to His Majesty, and, on such a report being made, the Joint
Exchequer Board shall reconsider their decision with regard to the
determination of the Judicial Committee.
(2) Upon the hearing of any question referred
under this section, such persons, as seem to the Judicial Committee to be
interested may be allowed to appear and be heard as parties to the case, and
the decision of the Judicial Committee shall be given in like manner as if it
were a decision of an appeal, the nature of the report or recommendation to His
Majesty. being stated in open court.
(3) A petition shall not be entertained under
this section unless it is presented within six months after the date on which
the decision of the Joint Exchequer Board to which the petition relates has
been published.
- Finality of decisions of the
House of Lords an Judicial Committee. Any decision of the House of Lords
or of the, Judicial Committee of the Privy Council as to the validity of
any law made by or having- the effect of an Act of the Parliament of
Southern Ireland or Northern Ireland, and any decision of the Judicial
Committee of the Privy Council on any other question of law which is to be
determined by the Judicial Committee of the Privy Council under this Act
shall be final and conclusive and binding upon all courts.
PROVISIONS AS TO EXISTING JUDGES AND OFFICERS.
- Provisions as to existing
judges and existing officers having salaries charged on the Consolidated
Fund, or removable onla for misconduct or incapacity -
(1) All existing county court judges, and all
existing Irish officers serving in an established capacity in the civil service
of the Crown and receiving salaries charged on the Consolidated Fund of the
United Kingdom, shall, if at the date of . the passing of this Act they are
removable only on address from both Houses of Parliament of the United Kingdom,
continue to be removable only upon such an address, and if removable in any
other manner shall continue to be removable only in the same manner as before
that date; and shall continue to receive the same salaries, gratuities, and
pensions, and to enjoy the same rights and privileges and to be liable to
perform the same duties as before that date or such duties as His Majesty may
declare to be analogous, and their salaries and pensions shall be charged on
and paid out of the Consolidated Fund of the United Kingdom or the growing
produce thereof, and all sums so paid shall be made good by means of deductions
from the Irish residuary share of reserved taxes under this Act in accordance
with regulations made by the Treasury.
(2) If any of the said judges or officers retire
from office with His Majesty's approbation before completion of the period of
service entitling him to a pension, His Majesty. may, if he thinks fit, after
considering any representation that may be made by the Government of Southern
Ireland or Northern Ireland. grant to him such pension, not exceeding the
pension to which he would on that completion have been entitled, as His Majesty
thinks proper.
(3) Subsection (1)
of this section shall apply to existing Irish
officers in the civil service of the Crown, who, although receiving salaries
not charged on the Consolidated Fund, are removable only for misconduct or
incapacity, including clerks of the crown and peace and (after the date of
Irish union) officers removable under section seventy-three of the Supreme
Court of Judicature Act (Ireland), 1877: Provided that, in the case of any such
officer whose salary is payable otherwise than out of money provided by the
Parliament of the United Kingdom, the provisions of that subsection with
respect to the payment of salaries and pensions out of the Consolidated Fund of
the united Kingdom shall not have effect, and in the case of any such officer
whose salary is payable out of money provided by the Parliament of the United
Kingdom those provisions shall have effect with the substitution of payment out
of money so provided for charge on and payment out of the Consolidated Fund of
the United Kingdom.
(4) Subsection (2)
of this section shall apply to any officer to
whom subsection (3) of this section applies, with the substi-tution of a
reference to a period of forty years' service for the reference to the period
of service entitling to a pension.
- Continuation of service of, and
compensation to, other existing officers. -
(1) Subject to the provisions of this Act - all
existing Irish officers in the, civil service of the Crown who are not provided
for under the last preceding section and are at the appointed day serving as
Irish officers shall, after that day, continue to hold their offices by the
same tenure and upon the same terms and conditions (including conditions as to
salaries and superannuation) as theretofore and shall he liable to perform the
same duties as theretofore, or such duties as the Civil Service Committee
established under this Act may determine to be analogous, and while performing
the same or analogous duties shall receive not less salaries than they would
have received if this Act had not passed:
Provided that, notwithstanding the provision
herein-before contained as to the tenure of existing Irish officers, any
existing Irish officer who at the time of the passing of this Act is removable
from his office by His Majesty, or by the Chief Secretary, or by any person
other than the Lord Lieutenant, or in any special manner, may be removed from
his office after the appointed day by the Lord Lieutenant, but, in the case of
the existing permanent members of the Congested Districts Board for Ireland,
only by an order of the Lord Lieutenant, which shall be laid before the House
of Commons of Southern Ireland and of Northern Ireland, and, if an address is
presented to the Lord Lieutenant by either such House within the next
subsequent forty days on which that House has sat after any such order is laid
before it praying that the order may 17e annulled, the Lord Lieutenant may
annul the order, and it shall thenceforth be void.
(2) The Superannuation Acts, 1834 to 1914, shall
continue after the appointed day to apply to any such existing Irish officer to
whom they then apply, and the service of any such officer under the Government
of Southern Ireland or Northern Ireland or the Council of Ireland shall, for
the purpose of those Acts, be deemed to he service in the permanent civil
service of the Crown and in a public office within the meaning of the
Superannuation Act, 1892 (55&56 Vict. c. 40).
Provided that, so far as relates to the grant
and ascertainment of the amount of any allowance or gratuity under those Acts
as respects any such officer who at the time of his ultimate retirement is
serving under the Government of Southern Ireland or Northern Ireland, or the
Council of Ireland, the Civil Service Committee shall be substituted for the
Treasury.
(3) The provisions as to compensation contained
in the Eighth Schedule to this Act shall apply with respect to any such
existing Irish officer.
(4) The superannuation and other allowances and
gratuities which may become payable after the appointed day to or in respect of
existing Irish officers in the civil service of the Crown under the
Superannuation Acts, 1834 to 1914, and any compensation payable to any such
officers under the provisions of this Act, shall he paid out of moneys provided
by the, Parliament of the United Kingdom, but any sums so paid shall he made
good by means of deductions from the Irish residuary share of reserved taxes in
accordance with regulations made by the Treasury.
(5) Where any existing Irish officer in the
civil service of the Crown, to whom the Superannuation Acts, 1834 to 1914, do
not apply, is at the appointed day serving as an Irish officer in a capacity
which, in accordance with a condition of his employment, qualifies him for a
superannuation allowance or gratuity payable otherwise than under those Acts,
that condition shall, after the appointed day, have effect, subject to the
following modifications, that is to say, any superannuation allowance or
gratuity which may become payable to the officer in accordance with that
condition after the appointed day shall, if and so far as the fund out of which
such allowances and gratuities are payable at the time of the passing of this
Act is, by reason of anything done or omitted after the passing of this Act,
not available for its payment, he charged upon and paid out of the Consolidated
Fund of Southern Ireland or Northern Ireland, as the case may he, or shall be
apportioned between those funds as the Joint Exchequer Board may determine, and
any powers and duties of the Treasury as to the grant or ascertainment of the
amount of the superannuation allowance or gratuity, or otherwise in connexion
with the condition, shall he exercised and performed by the Civil Service
Committee.
(ü) The Pensions Commutation acts, 1871 to
1882, shall apply to any person to whom an annual allowance is granted in
pursuance of the provisions of this Act relating to existing officers as they
apply to a person. who has retired in consequence of the abolition o[ his
office, and any terminable annuity payable in respect of the commutation of an
allowance shall he payable out of the same funds as the allowance.
- Establishment of Civil Service.
-
(1) For the purpose of the provisions of this
Act with respect to existing officers, there shall be established a committee
to be called the Civil Service Committee.
(2) The committee shall consist of seven
members, of whom one shall be appointed by the Treasury, one by a Secretary of
State, one by the Government of Southern Ireland, one by the Government of
Northern Ireland, two by the existing Irish officers, and one (who shall be
chairman) by the Lord Chief Justice of England:
Provided that, after the existing Irish officers
have been allocated in manner hereinafter provided, of the members of the
committee appointed by the existing Irish officers one shall be appointed by
such of those officers as have become officers of the Government of Southern
Ireland, and one by such of those officers as have become officers of the
Government of Northern Ireland.
(3) Any vacancy arising in the committee shall
be filled by the authority by whom the member whose place is vacant was
appointed.
(4) The Treasury may make regulations as to the
manner in which the members to be appointed by the existing Irish officers are
to be selected.
(5) The committee may act by any four members,
<und notwithstanding any vacancy in their number, and, subject to the
provisions of this Act, the committee may regulate their own procedure.
(6) The determination of the Civil Service
Committee on any claim or question which is to be determined by them under the
provisions of this Act relating to existing officers shall be final and
conclusive.
(7) Any expenses incurred by the Civil Service
Committee to such amount as may be approved by the Joint Exchequer Board shall
be paid out of moneys provided by the Parliament of the United Kingdom, and
shall be made good by means of deductions from the Irish residuary share of
reserved taxes in accordance with regulations made by the Treasury.
- Provisions as to existing
pensions and superannuation allowances. -
(1) Any pension granted on account of service in
Ireland as Lord Chancellor or other judge of the existing Supreme Court or of
any court consolidated into that court, or as a county court judge, or as an
Irish officer in an established capacity in the civil service of the Crown, or
as an officer or constable of the Dublin Metropolitan Police, or Royal Irish Constabulary,
and payable at the appointed day, or in the case of an officer or constable of
the Dublin Metropolitan Police or Royal Irish Constabulary at the date of
transfer, shall be paid out of the Consolidated Fund of the United Kingdom or
the growing produce thereof, if charged on that fund at the time of the passing
of this Act, and out of moneys provided by the Parliament of the United Kingdom
if so payable at that time, and shall he made good by means of deductions from
the Irish residuary share of reserved taxes in accordance with regulations made
by the Treasury.
(2) Any pension payable at the appointed day and
granted on account of service in Ireland as an Irish officer in the civil
service of the Crown not serving in an established capacity or on account of
service as a petty sessions clerk or officer in the registry of petty sessions
clerks shall, if and so far as the fund out of which it is payable at the time
of the passing of this Act is by reason of anything done or omitted after the
passing of this Act not available for its payment, be charged upon and paid out
of the Consolidated. Fund of Southern Ireland or Northern Ireland or
apportioned between those funds as the Joint Exchequer Board may determine.
- Provisions for defining of
Irish officer and determining claims. -
(1) For the purpose of the provisions of this
Act relating to existing officers, any officer shall be deemed to he an Irish
officer who is serving or employed in Irish services within the meaning of this
Act, and the fact that the salary of an Irish officer is provided in whole or
in part out of funds administered by the Government department in which he
serves, or out of an allowance voted for the office expenses of the office in
which he is employed, or out of fees, instead of being charged on the
Consolidated Fund or paid out of moneys pro-vided by the Parliament of the
United Kingdom, shall not prevent that officer being treated as an officer in
the civil service of the Crown:
Provided that, where any officers employed at
the appointed date wholly or in part on Irish services form an integral part of
a staff not solely engaged on such services, the department under which they
are employed shall prepare a scheme for determining which of the members of
such staff are, for the purposes of this Act, to be treated as Irish officers,
and such scheme shall be submitted to the Irish Civil Service Committee and if
and when approved by that committee, shall have effect as if enacted in this
Act.
(2) If any question arises whether an officer is
and Irish officer as so defined, or otherwise as to any claim or right of an
officer under the provisions of this Act relating to existing officers, that
question shall be determined by the Civil Service Committee.
(3) If in any case the Civil Service Committee
are of opinion that the service or employment of an officer is such that he is
partly an Irish officer and partly not, that committee shall determine any
question which arises as respects the proportions in which any allowance,
gratuity, or compensation payable to that officer is to be paid as between the
Exchequer or Consolidated Fund of Southern or Northern Ireland, as the case may
be, and of the United Kingdom respectively.
- Allocation of existing officers
between Southern and Northern Ireland. -
(1) The existing Irish officers who at the
appointed day are concerned solely with the administration of public services
in Southern Ireland shall become officers of the Government of Southern
Ireland, and the existing Irish officers who at the appointed day are concerned
solely with the administration of public services in Northern Ireland shall
become officers of the Government of Northern Ireland.
(2) The existing Irish officers who at the
appointed day are concerned with the administration of public services both in
Southern Ireland and Northern Ireland shall be allocated as between the
Governments of Southern Ireland and Northern Ireland in such manner as the
Civil Service Committee may determine; and in determining whether any
particular officer is to be allocated to the Government of Southern Ireland or
to the Government of Northern Ireland, the Civil Service Committee shall, so
far as the exigencies of the public service admit, endeavour to give effect to
the wishes of the officer:
Provided that any existing Irish officers who at
the appointed day are solely employed in public services which are as from the
appointed day administered by the Council of Ireland shall become officers of
the Council of Ireland.
PROVISIONS AS TO MEMBERS OF POLICE.
- Continuation of service of and
compensation to members of the police forces. -
(1) All officers and constables of the Dublin
Metropolitan Police and the Royal Irish Constabulary who are serving at the day
of transfer shall, after that day, continue to serve on the same terms and
conditions as theretofore, and shall be liable to perform the same duties as
theretofore, and while so serving shall not receive less salaries than they
would have received if this Act had not passed.
(2) Any existing enactments relating to the pay
or pensions of officers and constables of the Dublin Metropolitan Police and
Royal Irish Constabulary shall, after the transfer, continue to apply as
respects any officer and constable serving at the day of transfer with the substitution
of the Lord Lieutenant for the Treasury and for the Chief Commissioner or
Inspector-General as the case requires.
(3) Where any such officer or constable, being
qualified under the enactments aforesaid to retire on pension for length of
service on or before the day of transfer, continues to serve after that day he
shall, on retiring at any subsequent time, be entitled to receive a pension not
less in amount than that to which he would have been entitled if he had retired
on that day, and his right to receive such pension shall not, while he
continues to serve, be liable to forfeiture, except in cases in which a pension
when granted is liable to forfeiture under those enactments.
(4) The provisions as to compensation contained
in the Ninth Schedule to this Act shall apply with respect to the officers and
constables of the -Dublin Metropolitan Police and of the Royal Irish
Constabulary who are serving at the day of transfer.
(5) Any pensions and other allowances and
gratuities which may become payable to officers and constables of the Dublin
Metropolitan Police or the Royal Irish Constabulary after the day of transfer
(being in either case officers and constables who are serving at the day of
transfer) under the existing enactments applicable to them, and any
compensation payable to any of those persons under the provisions of this Act,
shall be paid out of moneys provided by the Parliament of the United
Kingdom ; but any sums so paid shall be made good by means of deductions
from the Irish residuary share of reserved taxes in accordance with regulations
made by the Treasury.
(6) The Pensions Commutation Acts, 1871 to 1882,
shall apply to any member of the Dublin Metropolitan Police or Royal Irish
Constabulary to whom an allowance is granted in pursuance of the provisions of
this section in like manner as if he had retired from the permanent civil
service of the Crown on the abolition of his office, and any terminable annuity
payable in respect of the commutation of an allowance shall be payable out of the
same funds as the allowance.
(7) In this section and in the Ninth Schedule to
this Act the expression " day of transfer " means the day on which
the control and management of the said forces are transferred from the
Government of the United Kingdom, and the expression " existing enactments
" means enactments in force at the day of transfer and includes any orders
made under those enactments and in force on that day.
8) The provisions of this Act with respect to
the allocation of existing Irish officers as between Southern and Northern
Ireland shall, unless the administration of the Royal Irish Constabulary is
transferred to the Government of Ireland, apply to officers and constables of
the Royal Irish Constabulary with the substitution of references to the Lord
Lieutenant acting in accordance with instructions from His Majesty. and the
date of transfer for references to the Civil Service Committee and the
appointed day.
GENERAL.
- Continuation of existing laws,
institutions, &c. All existing laws, institutions, and authorities in
Ireland, whether judicial, administrative, or ministerial, and all
existing taxes in Ireland, shall, except as otherwise provided by this
Act, continue as if this Act had not passed, but with the modifications
necessary for adapting them to this Act, and subject, as respects matters
within the powers of the Parliaments of Southern Ireland and Northern
Ireland, and after the date of Irish union within the powers of the
Parliament of Ireland, to repeal, abolition, alteration, and adaptation in
the manner and to the extent authorised by this Act.
- Use of Crown lands by Irish
Governments. His Majesty the Kino, in Council may place under the control
of the Government of Southern Ireland or Northern Ireland, for the
purposes of that Government, or under the control of the Council of
Ireland for the purposes of that Council, such of the lands, buildings,
and property in Southern Ireland and Northern Ireland respectively vested
in or held in trust for His Majesty, and subject to such conditions or
restrictions (if any) as may seem expedient.
- Arrangements may be made by any
department of the Government of the United Kingdom for the exercise and
performance on behalf of that department of, any powers or duties of that
department by officers of a department of the Government of Southern
Ireland or Northern Ireland, or by officers of the Council of Ireland, or
by any department of the Government of Southern Ireland or Northern
Ireland, or by the Council of Ireland for the exercise and performance on
behalf of that department or Council of any powers or duties of that
department or Council by officers of a department of the Government of the
United Kingdom or by officers of a department of the Government of
Northern Ireland or Southern Ireland, as the case may be, on such terms
and conditions as may be agreed:
Provided that no such arrangements shall
diminish in any respect the responsibility of the department or Council by
which the arrangement is made.
- Special provisions as to
certain Universities and Colleges. -
(1) No law made by the Parliament of Southern
Ireland or Northern Ireland shall have effect so as to alter the constitution
or divert the property of, or repeal or diminish any existing exemption or
immunity enjoyed by the. University of Dublin, or Trinity College, Dublin, or
the Queen's University of Belfast, unless and until the proposed alteration,
diversion, repeal, or diminution is approved : -
(a) in the case of the University of Dublin, or
Trinity College, Dublin, by a majority of those present and v voting at a
meeting of each of the following bodies convened for the purpose, namely, the
governing body of the College, and the junior fellows and professors voting
together, and the University Council, and the Senate; and
(b) in the case of the Queen's University of
Belfast by a majority of those present and voting at a meeting of each of the
following bodies convened for the purpose, namely : the Senate, and the
Academic Council, and the Convocation of the University :
Provided that this
section shall not apply to the taking of property (not being land in the
occupation of or used in connexion with the College or either of the
Universities) for the purpose of roads, railways, lighting, water, or drainage
works, or other works of public utility upon payment of compensation.
(2) There shall be paid annually, out of moneys
provided by the Parliament of Southern Ireland to Trinity College, Dublin, a sum
of thirty thousand pounds, to the University College, Dublin, a sum of
forty-two thousand pounds, to the University College, Cork, a sum of twenty-six
thousand pounds, and to the University College, Galway, a sum of seventeen
thousand pounds, for the general purposes of those colleges respectively, and
the sum so payable to any of those colleges, if and so far as not so paid,
shall be deducted on the order of the Joint Exchequer Board from the Irish
residuary share of reserved taxes and paid to the college.
(3) There shall be paid annually, out of moneys
provided by the Parliament of Northern Ireland to the Queen's -University of
Belfast, a sum of twenty-six thousand pounds for the general purposes of the
University, and that sum, if and so far as not so paid, shall be, deducted on
the order of the Joint Exchequer Board from the Irish residuary share of
reserved taxes and paid to the University.
(4) Until the Joint Exchequer Board certify that
the amount standing to the credit of the account of Trinity College under
section thirty-nine of the Irish Land Act, 1903 /3 Edw. 7. c. 37), is adequate
to afford the indemnity for which provision is made by that section, there
shall be paid annually out of moneys provided by the Parliament of Southern
Ireland the sum of five thousand pounds to that account; and that sum, if arid
so far as not so paid, shall be deducted on the order of the Joint Exchequer
Board from the Irish residuary share of reserved taxes and paid to that
account.
- Special provisions as to
Freemasons. -
(1) It is hereby declared that existing
enactments relative to unlawful oaths or unlawful assemblies in Ireland do not
apply to the meetings or proceedings of the Grand Lodge of Free and Accepted
Masons of Ireland, or of any lodge or society recognised by that Grand Lodge.
(2) Neither the Parliament of Southern Ireland,
nor the, Parliament, of Northern Ireland shall have power to abrogate or affect
prejudicially any privilege or exemption of the Grand Lodge of Freemasons in
Ireland, or any lodge or society recognised by that Grand Lodge which is
enjoyed either by law or custom at the time of the passing of this Act, and any
law made in contravention of this provision shall, so far as it is in
contravention of this provision, be void.
- Provisions as to the Bank of
Ireland. -
(1) If the Government of Southern Ireland
signify their desire to acquire for the use of the Parliament of Southern
Ireland the premises (hereinafter referred to as "the bank premises")
of the Bank of Ireland situated in or near College Green, in the City of
Dublin, they shall be entitled to do so on the fulfilment of the following
conditions : -
(a) there shall be provided at the expense of
the Government of Southern Ireland for the use of the bank a site and buildings
suitable both as to situation of site and accommodation and ready for
occupation as head office of the Bank of Ireland;
(b) there shall be paid to the bank compensation
in respect of the bank premises and of disturbance, after taking into
consideration the value of the new premises to be provided as aforesaid;
and on the publication
in the Dublin Gazette of an Order by His Majesty in Council declaring that the
said conditions have been fulfilled, the bank premises shall vest in His
Majesty for the use of the Parliament of Southern Ireland.
(2) Any question as to whether the site and
buildings so to be provided are suitable or ready for occupation, or as to the
amount of compensation, shall be determined by a court of arbitration
consisting of one person appointed by the Bank of Ireland, one person appointed
by the Government of Southern Ireland, and a judge of a Supreme Court of
Justice for any part of the United Kingdom (who shall be the chairman of the
court) appointed by His Majesty, and there shall be paid to them members of the
court, other than the chairman, such fees or other remuneration as the chairman
of the court may determine th be proper, and those fees or remuneration and any
other expenses of the court shall be charged on and paid out of the
Consolidated Fund of Southern Ireland.
- Repeal of s. 16 of 21&22
Geo. 3 c. 11 (Irish). The powers conferred by section sixteen of the Act
passed by the Irish Parliament in the session held in the twenty-first and
twenty-second years of the reign of His Majesty King George the Third,
chapter eleven, entituled, An Act for the better securing the liberty of
the subject, shall not be exercised and that section shall be repealed.
- Provisions as to certain
officers of local authorities, universities or colleges. -
(1) No law made by the Parliament of Southern
Ireland or the Parliament of Northern Ireland or, after the date of Irish
union, by the Parliament of Ireland shall have effect so as to prejudice or
diminish the rights or privileges of any existing or pensioned officer of a local
authority under the provisions of the Local Government (Ireland) Acts, 1898 to
1919, or any Act relating to superannuation or retiring allowance or of any
existing or pensioned officer of a university or college under the provisions
of subsection (S) of section sixteen of the Irish Universities Act, 1908 (8
Edw. 7. c. 38).
(2) Subsection (8) of section sixteen of the
Irish Universities Act, 1908, and section eight of the Local Government
(Ireland) Act, 1919 (9&10 Geo. 5. c. 19), shall, from and after the appointed
day, have effect, with the substitution of the Civil Service Committee for the
Treasury and for the Local Government Board and for the Department of
Agriculture and Technical Instruction for Ireland.
- Power to make Irish Transfer
Orders. His Majesty may, by Orders in Council (in this Act referred to as
Irish Transfer Orders), make such regulations as seem necessary or proper
for setting in motion the Parliaments and Governments of Southern and
Northern Ireland, and when established the Parliament and Government of
Ireland, and also for any other matter for which it seems to His Majesty
necessary or proper to make provision for the purpose of bringing this Act
into full operation or for giving full effect to any provisions of this
Act or to any future, transfer under or by virtue of this Act of a
reserved service; and in particular His Majesty may by any such Order in
Council -
(a) made such adaptations of any enactments so
far as they relate to Ireland as may appear to him necessary or proper in order
to give effect to the provisions of this Act, and also make any adaptations of
any enactments so far as they relate to England or Scotland, as may appear to
him necessary or proper as a consequence of any change effected by the
provisions of this Act;
and
(b) make such adaptation of any enactments as
appear to him necessary or proper with respect to the execution of reserved
services and services with respect to which the Parliaments of Southern Ireland
and Northern Ireland have not power to make laws, and in particular provide for
the exercise or performance of any powers or duties in connexion with those
services by any department of the Government of the United Kingdom or officer
of that Government where any such powers or duties are, under any existing Act
or by the common law, to be exercised or performed by any department or officer
in Ireland who will cease to exist as a department or officer of the Government
of the United Kingdom; and
(c) on the transfer of the postal service make
regulations with respect to the relations of. the Irish and British Post
Offices, and in particular provide for an apportionment of the capital
liabilities of the Post Office between the Exchequers concerned, for the
execution of postal services by the one Post Office at the request of and on
behalf of the other, and for the terms and conditions under which the services
are to be so executed, for facilities being given in connexion with any such
postal services at the request of one Post Office by the other, and for the reservation
of power to His Majesty by Order in Council to transfer in time of war or
national emergency the powers or duties of the Irish Post Office to the British
Post Office, or to the naval, military, or air force authorities of the United
Kingdom; and
(d) on the transfer under this Act of public
services in connexion with the Post Office Savings Bank, or Trustee Savings
Banks, make provisions for giving a depositor in the Post Office Savings Bank
resident in Ireland the right to repayment of any sums due to him in respect of
his deposits at the time of the transfer, and for giving the trustees of any
Trustee Savings Bank in Ireland the right to close their bank and to require
repayment of all sums due to them from the National Debt Commissioners, and for
securing to the holder of any annuity or policy of insurance granted before the
date of the transfer the payment of the annuity or of any sums due under the
policy; and
(e) make provision for securing the payment of
an old age pension to any person who is entitled to the payment of such a
pension at the appointed day, while he continues so entitled; and
(f) make provision with respect to the transfer
and apportionment of any property, assets, rights, and liabilities in connexion
with Irish services and the transfer of the right to recover any taxes charged
but not paid before the appointed day; and for apportioning as between the
Exchequer of the United Kingdom and the Exchequers of Southern and Northern
Ireland the proceeds of transferred taxes properly attributable to Ireland and
levied in respect of the financial year in which the appointed day falls; and
(g) where the day appointed for the transfer of
any Irish service is subsequent to the day appointed as the day from which the
Irish residuary share of reserved taxes becomes payable, provide for the proper
deductions being made from that share in respect of the cost of that service
during the interval between the said days; and
(h) provide, in cases where the same Act deals
with reserved matters or matters with respect to which the Parliaments of
Southern Ireland and Northern Ireland have not power to make laws and with
other matters, for specifying the matters dealt with by the, Act which are to
be treated in accordance with this Act as such other matters; and
(i) provide for the reservation of power to His
Majesty to confer on the naval, military, or air force authorities of the
United Kingdom control over any harbours, lighthouses, light vessels, buoys,
beacons, or other navigational marks to such extent, at, such times and in such
circumstances as may appear to His Majesty to be required in the national
interests; and
(j) provide for the
inclusion in the National Health Insurance Joint Committee of representatives
of the Governments of Southern Ireland and Northern Ireland (or if the services
connected with the administration of Part I. of the National Insurance Act,
1911
(1&2 Geo. 5. c. 55), as amended by
subsequent enactments are transferred to the Council of Ireland, a
representative of the Council of Ireland), and for conferring on that committee
such powers in relation to England, Scotland, Wales, Southern Ireland and
Northern Ireland as are, before the appointed day, exerciseable by the
committee in relation to England, Scotland, Ireland and Wales; and
(k) in the event of the Parliament of Ireland
being established apply, so far as applicable, and subject to this Act and the
constituent Acts, and subject to any necessary adaptations, to the Parliament
and Government of Ireland, and ministers, departments, and officers of that
Government, the provisions of this Act relating to the Parliaments and
Governments of Southern and Northern Ireland, and ministers, departments, and
officers of those Governments, and provide for the transfer of officers,
property, and liabilities from the Governments of Southern and Northern Ireland
to the Government of Ireland.
70.
Irish Transfer Orders to
be laid before Parliament. -
(1) Any Irish Transfer Order made under this Act
shall be laid before both Houses of the Parliament of the United Kingdom within
forty days next after it is made if Parliament is then sitting, or if not,
within forty days after the commencement of the then next ensuing session; and,
if an address is presented to His Majesty by either of those Houses within
twenty-one days on which that House has sat next after any such order is laid
before it praying that any such Order may be annulled, His Majesty may
thereupon by Order in Council annul the same, and the Order so annulled shall
forthwith become void, but without prejudice to the validity of any proceedings
which may in the meantime have been taken under the Order.
(2) Any Irish Transfer Order made under this Act
shall, subject to the foregoing provisions of this section, have effect as if
enacted in this Act.
- Alteration of scale of election
expenses. The provisions of the Fourth Schedule to the Representation of
the People Act, 1918, in their application to elections of members to
serve in the Parliament of the United Kingdom or the Parliament of
Southern Ireland or Northern Ireland for any of the constituencies named
in Part I, or Part II. of the Fifth Schedule to this Act, shall have
effect with the substitution of two pence for seven pence and for five
pence.
- Provisions applicable in ease
of either House of Commons not being property constituted. -
(1) If the Lord Lieutenant certifies that, the
number of members of the House of Commons of Southern Ireland or Northern
Ireland validly returned at the first election of members of the Parliament of
Southern Ireland or Northern Ireland is less than half the total number of
members of that House, or that the number of members of the House of Commons of
Southern Ireland or Northern Ireland who have taken the oath as such members
within fourteen days from the date on which the Parliament of Southern Ireland
or Northern Ireland is first summoned to meet is less than one half of the
total number of members of that House, His Majesty in Council may, by Order,
provide for the dissolution of the Parliament of Southern Ireland or Northern
Ireland, as the case may be, and for the exercise of the powers of the
Government of Southern Ireland or Northern Ireland, as the case may be, by the
Lord Lieutenant with the assistance of a committee consisting of such persons
(who shall be members of the Privy Council of Ireland) as His Majesty may
appoint for the purpose, and of the powers of the Parliament of Southern
Ireland or Northern Ireland, as the case may he, by a legislative assembly
consisting of the members of the said committee, together with such other
persons as His Majesty may appoint for the purpose, and the Order may make such
modifications in this Act in its application to the part of Ireland affected as
may appear to His Majesty to be necessary for giving effect to the Order, and
for making the provisions of this Act (including provisions as to the Council
of Ireland) operative in all respects in that part of Ireland, and may contain
such other consequential, incidental, and supplemental provisions as may appear
necessary for the purposes of the Order, and any such Order shall have effect
as if enacted in this Act but may be varied by any subsequent Order in Council.
(2) The person holding office in the House of
Commons of Southern Ireland and of Northern Ireland corresponding to the office
of Speaker of the House of Commons of the United Kingdom shall, at the
expiration of the said period of fourteen days from the date on which the
Parliament of Southern Ireland or Northern Ireland, as the case may be, is
first summoned to meet, send to the Lord Lieutenant a list containing the names
of the members of the House who have taken the oath as such members, and, for
the purposes of this section, a member shall be deemed not to have taken that
oath unless his name is included in a list so sent.
(3) At any time within three years from the
first day of June, nineteen hundred and twenty-one, His Majesty in Council may,
subject as hereinafter provided, by Order provide for the revocation of any
Order in Council made under subsection (1) of this section and for the issue of
a proclamation summoning a Parliament as constituted by this Act to meet for
the part of Ireland affected by such Order in Council; and, if such a
proclamation is issued and an election is held in pursuance thereof, subsections
(1) and (2) of this section shall apply in the case of that election in like
manner as they applied in the case of the first election of members of the
Parliament of that part of Ireland :
Provided that, before any Order in Council is
made under this subsection, a draft thereof shall be laid before each House of
Parliament for a period of not less than thirty days during the session of
Parliament, and, if before the expiration of that period both Houses present an
Address to His Majesty against the draft or any part thereof, no further
proceedings shall be taken thereon, but without prejudice to the making of a
new draft Order.
- Commencement of Act and
appointed day. -
(1) This Act shall, except as expressly
provided, come into operation on the appointed day, and the appointed day for
the purposes of this Act shall be the first Tuesday in the eighth month after
the month in which this Act is passed, or such other day not more than seven
months earlier or later, as may be fixed by Order of His Majesty in Council
either generally or with reference to any particular provision of this Act, and
different days may be appointed for different purposes and different provisions
*of this Act, but the Parliaments of Southern and Northern Ireland shall he
summoned to meet not later than four months after the said Tuesday, and the
appointed day for holding elections for the Parliaments of Southern and
Northern Ireland shall be fixed accordingly :
Provided that the appointed day as respects the
transfer of any service may, at the joint request of the Governments of
Southern Ireland and -Northern Ireland, be fixed at a date later than seven
months after the said Tuesday and that the appointed day as respects the
provisions relating to the representation of Ireland in the House of Commons of
the United Kingdom shall be a day not earlier than the day on which the
Parliament of the United Kingdom is next dissolved after the passing of this
Act.
(2) Nothing in this Act shall affect the
administration of any service before the day appointed for the transfer of that
service from the Government of the United Kingdom.
- Definitions. In this Act,
unless the context otherwise requires -
The expression "existing" means
existing at the appointed day:
The expression "constituency" means a
county, borough, or university returning a member or members to serve in the
House of Commons of Southern or Northern Ireland, or the Parliament of the
United Kingdom, as the case requires:
The expression "parliamentary elector"
means a person entitled to be registered as a voter at a parliamentary
election:
The expression "parliamentary
election" means the election of a member to serve in the Parliament of the
United Kingdom:
The expression "election laws" means
the laws relating to the election of members to serve in the Parliament of the
United Kingdom, other than those relating to the qualification of electors, and
includes all the laws respecting the registration of electors, the issue and
execution of writs, the creation of polling districts, the taking of the poll,
the method of voting and counting votes, the questioning of elections, corrupt
and illegal practices, the oath, qualification and disqualification of members and
the vacating of seats:
The expression "Customs duties"
includes export duties as well as import duties:
The expression "excess profits duty"
includes any tax on war-time increases of wealth, and any other tax which may
hereafter be imposed in lieu of excess profits duty:
The expression "postal service"
includes any telegraphic and telephonic service, and the issue, transmission,
and payment of Post Office money orders and postal orders, but shall not
include duties with respect to old age pensions or national health insurance
undertaken by the Postmaster-General or such other duties of a similar
character undertaken by him as may be excluded by Order in Council:
The expression "submarine cable"
includes any land lines used solely for the purpose of connecting a submarine
cable with another submarine cable:
The expression "Treasury of Southern or
Northern Ireland" means the department or officer, by whatever name
called, for the time being entrusted with the administration of finance in
Southern and Northern Ireland respectively.
The expression "county court judge"
includes recorder:
The expression "salary" includes
remuneration, allowances, and emoluments:
The expression "pension" includes
superannuation allowance and gratuity, and in relation to an officer or
constable of the Royal Irish Constabulary or Dublin Metropolitan Police
includes a pension or gratuity payable to the widow or children of an officer
or constable:
The expression "office" includes any
place, situation, or employment, and the expression "officer" shall
be construed accordingly:
The expression "officer" in relation
to the Royal Irish Constabulary includes the Inspector-General, the
Deputy-Inspector-General, an Assistant-Inspector-General, the
Assistant-Inspector-General-Commandant of the Depot, the Town Inspector at
Belfast, a county inspector, a surgeon, a storekeeper and barrack-master, the
veterinary surgeon, and a district inspector, and in relation to the Dublin
Metropolitan Police, includes the Chief Com-missioner and Assistant-Commissioner:
The expression "constable" in relation
to the Royal Irish Constabulary includes the head-constable-major, a
head-constable, sergeant, acting sergeant, and constable; and in relation to
the Dublin Metropolitan Police includes every member of that force not being of
higher rank than chief superintendent, and not being a member of the clerical
staff only:
The expression "Royal Irish
Constabulary" includes the reserve force of that body.
- Saving for supreme authority of
the Parliament of the United Kingdom. Notwithstanding the establishment of
the Parliaments of Southern and Northern Ireland, or the Parliament of
Ireland, or anything contained in this Act, the supreme authority of the
Parliament of the United Kingdom shall remain unaffected and undiminished
over a11 persons, matters, and things in Ireland and every part thereof.
- Short titel and repeal. -
(1) This Act may be cited as the Government of
Ireland Act, 1920.
(2) The Government of Ireland Act, 1914, is
hereby repealed as from the passing of this Act.
SCHEDULES.
FIRST SCHEDULE.
PROCEDURE OF THE COUNCIL
OF IRELAND IN RELATION TO THEIR POWERS OF PRIVATE BILL LEGISLATION Section 7.
- Where any public authority or any persons (hereinafter
referred to as "the promoters") desire to obtain an order of
the Council of Ireland in regard to any matter with respect to which the
Council have power to make an order under section seven of this Act, the
promoters may proceed by presenting a petition to the Council praying
them to issue an order in accordance with the draft order submitted to
them by the promoters, or in accordance with that draft, subject to such
modifications as may appear necessary.
- The
Council may make standing orders (subject, in the case of orders as to
fees, to the consent of the Treasuries of Southern Ireland and Northern
Ireland) with respect to the procedure under this schedule and in
particular with respect to -
(a) the time and manner in which petitions are
to be presented;
(b) the deposit of plans and books of reference;
(c) the publication of notices, and, where land
is to be taken, the service of notices on owners, lessees, and occupiers;
(d) the deposit of copies of the draft order,
whether as originally presented or as proposed to be altered, with the Council
of Ireland and such departments of the Governments of Southern Ireland and
Northern Ireland as may be prescribed by the Lord Lieutenant, and in such cases
as may be prescribed by the Lord Lieutenant with such departments of the
Government of the United Kingdom as may be so prescribed;
(e) the holding of meetings of the Council for
the consideration of petitions and draft orders;
(f) the reference of petitions, draft orders,
and oppositions to examiners for examination and report whether standing orders
have been complied with and otherwise;
(g) the reference of draft orders for
consideration by committees of the Council;
(h) oppositions to draft orders
(i) fees;
so,
however, that the standing orders shall authorise oppositions to a draft order
by any persons who, if the petition had been a petition for a Bill presented to
the Parliament of the United Kingdom, would have been entitled to appear and
oppose the Bill, and shall require the reference of the draft order to a
committee of the Council in any case where it is opposed and the opposition has
not been withdrawn, and shall require the committee to sit in that part of
Ireland in which the promoters reside or have their principal place of
business.
(3) The Council shall, after considering any
reports received by them from any department with which copies of the draft
order have been deposited, and, where the draft order has been referred to a
committee of the Council, the report of that committee, determine whether to
issue the order as prayed for, or to issue the order with such modifications as
may appear to be necessary having regard to such representations and report as
aforesaid, or to refuse to issue any order:
Provided that, where a draft order has been
referred to a committee of the Council, and that committee has reported that
the order should not be made, the Council shall refuse to issue an order.
SECOND SCHEDULE.
Section
13/
THIRD SCHEDULE.
COMPOSITION
OF SENATE OF NORTHERN IRELAND. Section 13.
PART
I. OFFICES ENTITLING HOLDERS TO BE SENATORS.
The
Lord Mayor of Belfast; The Mayor of Londonderry.
PART
II. ELECTED SENATORS.
Twenty-four
senators to be elected by the members of the House of Commons of Northern
Ireland.
FOURTH SCHEDULE.
PROVISIONS
WITH RESPECT TO THE NOMINATION, ELECTION, AND TERM OF OFFICE OF SENATORS.
Section 13.
1.
His Majesty may, by Orders in Council, made such provisions as may appear
necessary or proper with respect to the election of senators, and in particular
with respect to the making and keeping of lists of the electors specified in
the third part of. the Second Schedule, the, issue of writs, the modes of
service, and the return-, to be made to such writs.
2.
- (a) The term of office of every elected member or the Senate of Northern
Ireland shall be eight years, provided that one half of such members shall
retire at the end of every fourth year, the members to retire at the end of the
first four years being selected by lot.
(b) With respect to the members of the Senate of
Southern Ireland, the term of office of every nominated senator, and of every
elected senator (other than senators elected by members of county councils)
shall be toll years, and the term of office of a senator elected by members of
county councils shall be three years. Provided that, where a particular
qualification is required under Part III. of the Second Schedule for a senator
to be elected by any of the classes of electors specified in that part of the
said schedule, such a senator shall cease to hold office on ceasing to have
that qualification. The disqualification of persons in Holy Orders shall not
apply in respect of any Archbishop or Bishop of the Roman Catholic Church or
Church of Ireland elected as a senator of the appropriate class. (c) The term
of office of a senator shall not be affected by a dissolution of the Parliament
of Southern Ireland or Northern Ireland. (d) Senators shall retire at the end
of their term of office and their seats shall be filled by new elections.
3.
If the place of an elected senator becomes vacant before the expiration of bis
term of office by death, resignation, incapacity, or otherwise, the Lord
Lieutenant shall cause a writ or writs to be issued for the election by the
body by whom such senator was elected of a senator in his place, and, if the
place of a nominated senator so becomes vacant, the Lord Lieutenant shall
nominate a new senator in his place, but any senator so elected or nominated to
fill a casual vacancy shall hold office only so long as the senator in whose
stead lie is elected or nominated would have held office.
4.
At any contested election of four or more members of the Senate of Southern
Ireland or of Northern Ireland, the election shall be according to the
principle of proportional representation, each elector having one transferable
vote as defined by the Representation of the People Act, 1914, and His Majesty
in Council shall have the same power of making regulations in respect thereto
as he has under subsection
(3) of section twenty of that Act and that
subsection shall apply accordingly.
FIFTH SCHEDULE.
Sections
14 and 71/
SIXTH SCHEDULE.
IMPERIAL
LIABILITIES AND EXPENDITURE. Section 23.
I.
National Debt charges, that is to say : - (1) The charge in respect of the
funded and unfunded debt of the United Kingdom, inclusive of terminable
annuities paid out of the permanent annual charge for the National Debt and
inclusive of the cost of the management of the said funded and unfunded debt;
and (2) All other charges on the Consolidated Fund of the United Kingdom for
the repayment of borrowed money or to fulfill a guarantee, other than charges
in respect of local loans stock and any guaranteed stock raised for the purpose
of land purchase in Ireland, after deducting any sums received by way of
interest on any advances made to the Government of any of His Majesty's
Dominions or any foreign country:
Provided
that any debt or charge incurred or created after the pashin, of this Act for
raising money for the purpose of any expendi-ture which is not Imperial
expenditure within the meaning of this Schedule shall be excluded.
II.
Naval, Military, and Air Force Expenditure (including pensions and allowances
payable to persona who have been members of or in respect of service in any of
the naval, military, or air forces, or their widows or dependants, and
provision for the training education, employment, and assistance for the re-instatement
in civil life of persons who have ceased to be members of any such force).
III.
Civil Expenditure, that is to say : -
(a) Civil List and Royal Family. (b) Expenditure
in connexion with -
(i) the Parliament of the United Kingdom; (ii)
The National Debt Commissioners; (iii) The Foreign Office and diplomatic and
consular services, including secret service, special services, and telegraph
subsidies; (iv) The Colonial Office, including special services and telegraph
subsidies; (v) Trade with any place out of the United Kingdom; (vi) The Mint;
(c) Such of the expenditure in connexion with
any other Government department as the Joint Exchequer Board may determine to
be Imperial expenditure; after deducting any sums received otherwise than by
way of taxation which the Joint Exchequer Board may determine to be of the
nature of Imperial receipts.
SEVENTH SCHEDULE.
Sections
39 and 46.
PART
I. SUPREME COURT OF JUDICATURE OF SOUTHERN IRELAND.
1.
-
(1) His Majesty's High Court of Justice in
Southern Ireland shall consist of seven judges, namely, the Lord Chief Justice
of Southern Ireland, who shall be president thereof, and six puisne judges, or,
so long as the existing Master of the Rolls retains his office, the Master of
the Rolls and five puisne judges.
(2)
The Judicial Commissioner of the Land Commission shall, by virtue of his
office, be an additional judge of the High Court of Justice in Southern Ireland
for the purposes of his powers and duties in relation to land. purchase.
2.
- (1) His Majesty's Court of Appeal in Southern Ireland shall consist of the
Lord Chief Justice of Southern Ireland, who shall be president thereof, and two
ordinary judges, who shall be known as Lords Justices of Appeal:
Provided
that, so long as the existing Master of the Rolls retains his office, ho shall
ex officio be a member of the Court of Appeal.
(2)
The Lord Chief Justice of Southern Ireland may request any judge of the High
Court of Justice in Southern Ireland to attend at any time for the purpose of
sitting as an additional judge of the Court of Appeal in Southern Ireland, and
any judge whose attendance is so requested shall attend accordingly, and while
attending shall be deemed to be an additional judge of that Court of Appeal.
PART
II. SUPREME COURT OF JUDICATURE OF NORTHERN IRELAND.
1.
- (1) His Majesty's High Court of Justice in Northern Ireland shall consist of
three judges, namely, the Lord Chief Justice of Northern Ireland, who shall be
president thereof, and two puisne judges.
(2)
The Judicial Commissioner of the Land Commission shall, by virtue of his
office, be an additional judge of the High Court of Justice in Northern Ireland
for the purposes of his powers and duties in relation to land purchase.
2.
- (1) His Majesty's Court of Appeal in Northern Ireland shall consist of the
Lord Chief Justice of Northern Ireland, who shall be president thereof, and two
ordinary judges, who shall be known as Lords Justices of Appeal.
(3)
The Lord Chief Justice of Northern Ireland may request any Judge of the High
Court of Justice in Northern Ireland to attend at any time for the purpose of
sitting as an additional judge of the Court of Appeal in Northern Ireland, and
any judge whose attendance is so requested shall attend accordingly, and while
attending shall be deemed to be an additional judge of that Court of Appeal.
PART
III. TRANSITORY PROVISIONS.
1.
All the existing judges of the Supreme Court of Judicature in Ireland, other
than the Lord Chancellor, shall, as from the appointed day, be transferred to
and become judges holding corresponding offices in the Supreme Court of
Southern Ireland :
Provided
that -
(a) if any such judge not less than one month
before the appointed day notifies to the Lord Chancellor of Ireland his desire
to be transferred to the Supreme Court of Northern Ireland, he shall, if the
Lord Chancellor and the Lord Chief Justice of Northern Ireland approve, be
transferred to and become a judge of that Court instead of a judge of the
Supreme Court of Southern Ireland; and (b) if any such judge so notifies to the
Lord Chancellor of Ireland his desire to retire instead of being so
transferred, His Majesty may, if he thinks fit, notwithstanding that such judge
has not completed the period of service entitling him to a pension, grant to
him such pension, not exceeding the pension to which he would on that
completion have been entitled, as His Majesty thinks fit; (c) the existing Lord
Chief Justice of Ireland, if he becomes Lord Chief Justice of Southern Ireland,
shall, so long as he holds that office, be entitled to retain the rank and
title of Lord Chief Justice of Ireland, and to exercise any jurisdiction in
respect of and on behalf of His Majesty as a visitor to any college or other
charitable foundation exerciseable by him on the appointed day; (d) the Lord
Chief Justice of Northern Ireland shall be appointed not less than one month
before the appointed day.
2.
If by reason of such. transfers the number of judges of the Supreme Court of
Southern Ireland or of the Supreme Court of Northern Ireland is greater than
the number provided by this Act as the number of judges of those courts
respectively, no new judge of that court shall be appointed until the number of
the judges thereof has been reduced below such number as aforesaid.
3.
Subject to the provisions of this Schedule with respect to the existing
solicitors, all existing officers of or attached to the Supreme Court of
Judicature in Ireland (including the Registrar in Lunacy and the officers
employed in his office) shall, as from the appointed day, be transferred to and
become officers holding corresponding offices in or attached to the Supreme
Court of Southern Ireland:
Provided
that - (a) if any such officer not leas than one month before the appointed day
notifies to the Lord Chancellor his desire to be transferred to the Supreme
Court of Northern Ireland or to the High Court of Appeal for Ireland, he shall,
if the Lord Chancellor and the Lord Chief Justices of Southern Ireland and
Northern Ireland approve, be transferred to and become an officer of or
attached to the Supreme Court of Northern Ireland, or the High Court of Appeal
for Ireland; and (b) any such officer, if concerned wholly with functions of
the Lord Chancellor which are retained by the Lord Chancellor, shall remain an
officer of the Lord Chancellor, and, if concerned wholly or mainly with
functions of the Lord Chancellor or Master of the Rolls which are by this Act
transferred to the Lord Lieutenant, shall become an officer attached to the
Lord Lieutenant, and shall hold office by the same tenure and upon the same
terms and conditions by and upon which he holds office on the appointed day,
and any question as to whether any such officer is wholly or mainly so
concerned shall, be determined by the Lord Lieutenant.
4.
All existing members of the Irish Bar shall, as from the appointed day, become
members both of the Bar of Southern Ireland and of the Bar of Northern Ireland,
and shall have right of audience in the Supreme Court both of Southern Ireland
and of Northern Ireland.
5.
All existing solicitors of the Supreme Court of Judicature in Ireland shall, as
from the appointed day, become solicitors of the Supreme Court both of Southern
Ireland and of Northern Ireland and of the High Court of Appeal for Ireland.
6.
Any person who on the appointed day is apprenticed to a solicitor of the
Supreme Court of Judicature in Ireland shall, if he is thereafter admitted to
be a solicitor of the Supreme Court of Southern Ireland or Northern Ireland,
become, by virtue of such admission, a solicitor of the Supreme Court of
Northern Ireland or Southern Ireland and of the High Court of Appeal for
Ireland.
7.
All proceedings, whether civil or criminal, which are pending in the Supreme
Court of Judicature in Ireland at the appointed day, including proceedings in
which a judgment or order has been given or made but not enforced, shall be
transferred either to the Supreme Court of Southern Ireland or the Supreme
Court of Northern Ireland in accordance with the following rules : -
(1) If the parties agree, the proceeding, unless
it relates to land, shall be transferred to the court so agreed upon, (2) If
the proceeding relates to land, it shall he transferred to the court within the
jurisdiction of which the land is situate: Provided that, if the land is
situate partly in Southern Ireland and partly in Northern Ireland, the
proceeding shall be transferred, so far as it relates to land in Southern
Ireland, to the Supreme Court of Southern Ireland, and so far as it relates to
land in Northern Ireland, to the Supreme Court of Northern Ireland, unless the
is one with which either court would have to deal, in which case the proceeding
shall he transferred in accordance with the rules applicable to proceedings
other than those relating to land. (3) In any other case, the proceeding shall
be transferred to the Supreme Court of Southern Ireland, unless the plaintiff
or other person by whom the proceeding was instituted gives notice to the other
party or parties of his desire to have it transferred to the Supreme Court of
Northern Ireland, in which case it shall be transferred to the Supreme Court of
Northern Ireland, provided that any other party, if he objects to the transfer
of the proceeding to the Supreme Court of Northern Ireland, may apply to the
High Court of Appeal for Ireland, and that court shall have jurisdiction to
determine to which of the courts the proceeding is to be transferred, and the
decision of the High Court of Appeal for Ireland in the matter shall be final.
Where
a case is transferred under the foregoing rules to either court, proceedings
thereon shall be continued as if the case had originated in and the previous
proceedings had been taken in that court.
EIGHTH SCHEDULE.
PROVISIONS
AS TO COMPENSATION OF EXISTING IRISH OFFICERS. Section 55.
1.
- (1) If any existing Irish officer who is serving in the civil service of the
Crown in an established capacity, or who, though not so serving in an
established capacity, devotes his whole time to the duties of his office -
(a)
retires under the conditions hereinafter defined as the statutory conditions of
retirement; or (b) retires with the permission of the Civil Service Committee
given in accordance with this Schedule; or, (c) is removed from office by the
Government of Southern Ireland or Northern Ireland before he attains the age of
sixty-five years for any cause other than misconduct or incapacity, or is
required to retire by the Government of Southern Ireland or Northern Ireland
before he attains that age for any cause other than as aforesaid; he shall be
entitled to receive such compensation as the Civil Service Committee may award
to him in accordance with the provisions of Part I, of the Rules contained in
this Schedule if he is serving in an established capacity, and in accordance
with the provisions of Part II. of the Rules contained in this Schedule, if
though not serving in an established capacity he devotes his whole time to the
duties of his office.
(2) If any existing Irish officer who is serving
in the civil service of the Crown, not being an officer who is serving in an
established capacity, or au officer who though not serving in an established
capacity devotes his whole time to the duties of his office, is removed from
office or required to retire by the Government of Southern Ireland or Northern
Ireland for any cause other than misconduct or incapacity, he shall be entitled
to receive such compensation as the Civil Service Committee may award to him in
accordance with the provisions of Part II. of the Rules contained in this
Schedule.
(3)
The compensation of an officer serving in an established capacity who has
previously served in a non-established capacity may be deter-mined in
accordance with the provisions of Part II. instead of the provisions of Part I.
of the Rules contained in this Schedule, if he so requires, and in that case
the limit of the compensation shall be the amount of compensation which might
have been awarded if his whole service had been service in an established
capacity, and the compensation of an officer not serving in an established
capacity may be determined in accordance with the provisions of Part I. instead
of the provisions of Part II. of those Rules if the Civil Service Committee are
satisfied that he serves in a capacity which under a condition of his
employment qualifies him for a superannuation allowance or gratuity on terms
not less advantageous than if he served in an established capacity, and
accordingly in the application to him of the provisions of Part I. of those
Rules references to that condition shall, where the context so requires, be
substituted for references to the Superannuation Acts, 1834 to 1914.
2.
For the purposes of this Schedule, the statutory conditions of retirement are
that -
(a) Retirement must take place within a period
of seven years from the appointed day (in this Schedule referred to as the
transitional period); (b) Notice of the intention to retire must be given in
accordance with regulations made by the Civil Service Committee; (c) The
retirement must not take place until at least six months after the notice of
retirement has been given, and may be postponed by the Civil Service Committee,
if they think fit, to any later date (not being more than two years after the
date of the notice) within the transitional period ; and (d) The retiring
officer must show to the satisfaction of the Civil Service Committee that he is
not incapacitated by mental or bodily infirmity for the performance of his
duties and that he has not attained the age of sixty-five years at the time
when the notice is given.
3.
The Civil Service Committee shall not give their permission under this Schedule
to an officer to retire unless that officer shows to the satisfaction of the
Committee - (a) that the duties which he is required to perform are neither the
same as nor analogous to the duties theretofore performed by him or involve an
unreasonable addition to those duties; (b) that owing to changes in the
conditions of his employment, his position has been materially altered.
4.
-
(1) For the purpose of the provisions of this
Act as to existing officers, petty sessions clerks and officers in the Registry
of Petty Sessions Clerks shall be deemed to be officers in the civil service of
the Crown, and officers in the Registry of Petty Sessions Clerks shall be
deemed for the purposes of this Schedule to be officers to whom the
Superannuation Acts, 1834 to 1914, apply.
This
provision shall apply to the pensionable assistants of the petty sessions
clerks at Cork and Belfast as it applies to the petty sessions clerks.
5.
In this Schedule references to the Government of Southern Ireland or Northern
Ireland shall include references to any department or officer of the Government
of Southern Ireland or Northern Ireland and to the Council of Ireland.
RULES-PART I.
OFFICERS
SERVING IN THE CIVIL SERVICE OF THE CROWN IN AN ESTABLISHED CAPACITY.
A.
- On Retirement under the Statutory Conditions of Retirement.
1.
The compensation which may be awarded to the officer shall be an annual
allowance, not exceeding in any case two-thirds of the salary on which the
allowance is reckoned, or, if he has completed less than ten years of service
as reckoned for the purposes of this provision, a gratuity.
2.
The annual allowance or gratuity shall be calculated in like manner as the
superannuation allowance or gratuity w'mich the officer would be qualified to
receive under the Superannuation Acts, 1834 to 1914, if he retired on the
ground of ill-health, save that, for the purposes of that calculation, the
following provisions shall have effect, that is to say : -
(a)
His years of service shall be reckoned as if he had served up to the end of the
transitional period, or to the time when he would have reached the age of
sixty-five, whichever may be the earlier, and there shall be added any
additional years which he may be entitled to reckon under section four of the
Superannuation Act, 1859
(22 Vict. c. 26):
(b) His salary, where there are periodical
increments, shall be taken at the amount which it would have reached if he had
continued to serve in the same office up to the end of the transitional period.
B.
- On retirement with the permission of the Civil Service Committee under this
Schedule or on being removed from office or required to retire by the
Government of Southern Ireland or Northern Ireland before attaining the age of
sixty-five years for any cause other than misconduct on incapacity.
1.
The compensation which may be awarded to the officer shall be an annual
allowance not exceeding in any case two-thirds of the salary on which the
allowance is reckened, and not less than an allowance calculated in accordance
with the following provisions, that is to say :-
An
annual allowance calculated in like manner as the superannuation allowance
which the officer would be qualified to receive under the Superannuation Acts,
1.834 to 1914, if he retired on the ground of ill-health, save that, for the purposes
of such calculation, the following provisions shall have effect, that is to
say : - (a) Where the officer retires or is removed after the end of the
transitional period, ten years shall be added as abolition years to the years
of service which he would be entitled to reckon for the purposes of such
superannuation allowance: (b) Where the officer retires or is removed during
the transitional period his years of service shall be reckoned, and the amount
of his salary shall be computed in the same manner as is provided in this Part
of these Rules in the case of an officer retiring under the statutory
conditions of retirement, and ten years shall be added as abolition years to
the years of service so reckoned:
Provided
that -
(i)
Where an officer at the time of leaving the service has attained the age of
twenty-eight years but has not attained the age of thirty-three years, the
abolition years to be added for the purpose of this article shall be seven
years instead of ten, and, where an officer at the time of leaving the service
has not attained the age of twenty-eight years, or where, whatever his age, his
years of service as reckoned for the purposes of this article, exclusive of the
abolition years, are less than ten, the abolition years to be added for those
purposes shall be five years instead of ten; and (ii) No abolition years shall
be added in excess of the difference between the age of an officer at the time
of bis leaving the service and the age of sixty-five.
C.
- Officers to whom the Superannuation Act, 1909, applies.
1.
An officer to whom the Superannuation Act, 1909 (9 Edw. 7. c. 10), applies by
reason only of his having elected to adopt the provisions of that Act shall, if
he so requires, be treated for the purpose of the determination of his compensation
under this Schedule as if he had not so elected.
2.
As respects any such officer who does not require his compensation to be
determined as aforesaid, and any other officer to whom the Superannuation Act,
1909, applies, the provisions contained in Heads A and ß of this Part of these
Rules shall have effect subject to the following modifications, that is to
say : -
(a)
The annual allowance or gratuity awarded under head A and the minimum annual
allowance awarded under head B shall be calculated on the proportion of salary
prescribed by sub section
(1) of section one of the Superannuation Act,
1909, instead of the proportion prescribed by section two of the Superannuation
Act, 1859, and the annual allowance which may be awarded shall not in any case
exceed one-half of the salary on which the allowance is calculated:
(b) In addition to the annual allowance or
gratuity there shall be awarded to the officer an additional allowance -
(i)
In the case of an officer falling under head B, not less than; and (ii) In the
case of an officer falling under head A, equal to -
an allowance calculated in like manner as an additional allowance under the
Superannuation Act, 1909, and for the purposes of that calculation his years of
service and salary shall be reckoned and computed as in the case of his annual
allowance or gratuity, but the additional allowance so awarded shall not exceed
one and a half times the amount of the salary on which the allowance is
calculated, except in the case of an officer to whom the Superannuation Act,
1909, applies by reason of his having elected to adopt its provisions, and then
only to the extent specified in section three of that Act.
RULES - PART II.
OFFICERS
SERVING IN THE CIVIL SERVICE OF THE CROWN WHO ARE NOT SERVING IN AN ESTABLISHED
CAPACITY.
1.
The compensation which may be awarded to the officer shall be such gratuity or
annual allowance (if any) as the Civil Service Committee think, just having
regard to the following considerations, that is to say : - (a) The
conditions on which the officer was appointed; (b) The nature and duration of
his employment; (c) In the case of officers who do not devote their whole time
to the duties of their office, the amount of time so devoted; (d) The
circumstances in which he is leaving the service; (e) The compensation which
might have been awarded to him on leaving the service in similar circumstances
if Part I. of these Rules had applied to him; (f) Any offer made to him of
another office or employment under the Government of Southern Ireland or
Northern Ireland or the Government of the United Kingdom; (g) The probability
(if any) of his having continued in office for a longer period but for the
passing of this Act; and (h) any other circumstances affecting his case.
2.
The compensation shall in no case be greater than the compensation which might
under Part I. of these Rules have been awarded to the officer on leaving the
service in similar circumstances if that Part of these Rules had applied to
him.
NINTH SCHEDULE.
PROVISION
AS TO COMPENSATION OF MEMBERS OF THE ROYAL IRISH CONSTABULARY AND DUBLIN
METROPOLITAN POLICE.
1.
Any officer or constable who after the day of transfer- (a) retires voluntarily
under the conditions in that behalf hereinafter contained; or (b) is removed or
required to retire for any cause other than misconduct, and is not
incapacitated for the performance of hie duty by mental or bodily infirmity,
shall, unless he is qualified for the maximum pension that can be granted to
him for length of service only under the existing enact-ments applicable to
him, be entitled on retirement to receive such compensation as may be awarded
to him by the Lord Lieutenant in accordance with the Rules contained in this
Schedule.
2.
The conditions of voluntary retirement are that - (a) Notice of the intention
to retire must be given within two years after the day of transfer; (b) The
notice must be given in manner prescribed by the Lord Lieutenant; (c) The
retirement must not take place until at least six months after the notice of
retirement has been given, and may be postponed by the Lord Lieutenant, if he
thinks fit, to any later date not being more than two years after the day of
transfer; and (d) The retiring officer or constable must show to the
satisfaction of the Lord Lieutenant that he is not incapacitated for the
performance of his duties by mental. or bodily infirmity, and will not be
entitled to retire on the maximum pension for length of service under the
enactments aforesaid before the expiration of two years from the date of transfer.
3.
In the exercise of his powers under this Schedule the Lord Lieutenant shall act
in accordance with instructions from His Majesty.
RULES.
1. The compensation which may be awarded to an officer or constable shall be an
annual allowance.
2.
Where the officer or constable is removed or required to retire the annual
allowance shall be calculated in like manner as the pension which the officer
or constable would have been entitled to receive if he had retired for length
of service under the existing enactments applicable to him and had been
qualified in respect of his length of service for a pension, save that, for the
purposes of that calculation, the following, provisions shall have
effect : - (a) There shall be added to his completed years of actual
service if the proportion of salary on which his allowance is calculated is
one-fiftieth, ten years, and if that proportion is one-sixtieth, twelve years;
(b) His salary shall be taken at the amount which it would have reached if he
had continued to serve in the same rank for the number of years so added, and,
in the case of a district inspector of the Royal Irish Constabulary of the
third class; as if he were entitled to promotion to the second class on the
completion of one and a half years service in the third class, and, in the case
of a district inspector of the Royal Irish Constabulary of the second class, as
if he were entitled to promotion to the first class on the completion of eleven
years' service in the second class; (c) If the number of his completed years of
service, as reckoned under this Rule, is less than the minimum number of years
of service for which provision as respects pensions is made in the appropriate
pension scale, that scale shall apply with the substitution of the number of his
completed years of service as so reckoned for that minimum number; and (d) If
he has, in addition to his completed years of actual service, served for a
period exceeding six months, his service for that period shall be reckoned as a
completed year of actual service.
3.
Where the officer or constable retires under the conditions of voluntary
retirement, the provisions of the last preceding Rule shall apply with the
substitution of five years for ten years and six years for twelve years.
4.
The allowance awarded to an officer or constable shall in no case exceed
two-thirds of his actual pensionable salary.
5.
In the event of an officer or constable dying after an annual allowance has
been awarded to him under this Schedule, the Lord Lieutenant may, if he thinks
fit, grant a pension or gratuities to the widow and children of the officer or
constable in like manner as if the allowance were a pension granted to the
officer or constable on retirement.
Partition would never have sat well with Irish Republicans, but it reflected strong Unionist feelings in the north, a legacy of Scottish settlement there. At any rate, while the home rule act would potentially have staved off the rebellion if it had come a decade later, it was simply too late to be effective.
U.S. Secretary of War John Weeks declared that the country was going to go after World War One draft evaders.
France was mobilizing for entry into the Ruhr.
