No. 2/1938:

UNEMPLOYMENT ASSISTANCE (AMENDMENT) ACT, 1938

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Date of operation of census of population.

3 Extension of meaning of expression "urban area".

4 Increase of rates of unemployment assistance.

5 Increase of payments to Minister out of the Unemployment Fund.

6 Amendment of section 26 of the Principal Act in respect of county boroughs and borough of Dun Laoghaire.

7 Amendment of section 26 of the Principal Act in respect of Limerick City.

8 Conspiracy to commit offence under the Principal Act.

9 Short title and citation.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE UNEMPLOYMENT ASSISTANCE ACTS, 1933 AND 1935.

[20th January, 1938]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Principal Act" means the Unemployment Assistance Act, 1933 (No. 46 of 1933), and where the context so permits, shall be construed as meaning that Act as amended by the Amending Act;

the expression "the Amending Act" means the Unemployment Assistance (Amendment) Act, 1935 (No. 38 of 1935).

(2) Every word and expression used in this Act to which a particular meaning is given by the Principal Act for the purposes of that Act has in this Act the meaning so given to it.

2.—(1) For the purpose of determining the census of population which is the latest such census within the meaning of paragraph (c) of sub-section (2) of section 2 of the Principal Act and the next following section of this Act, the Minister shall, whenever a census of population has been taken, certify by order the date of publication of the result of such census, and every such census shall be deemed for the purpose aforesaid, but no further or otherwise, to have been taken on the date of publication so certified in respect thereof.

(2) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census to exceed seven thousand does not exceed seven thousand, the following provisions shall have effect, that is to say:—

( a ) such urban district shall, notwithstanding such decrease in the population thereof continue to be an urban area for the purposes of the Principal Act, the amending Act and this Act until (but not including) the 1st day of April next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this sub-section) cease on the said 1st day of April to be an urban area for the said purposes;

( b ) the Minister may by order, made before the said 1st day of April with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such decrease in the population thereof, continue to be an urban area for the purposes aforesaid, and upon such order being so made such urban district shall continue to be an urban area for the purposes aforesaid until otherwise provided by an order under the next following paragraph of this sub-section;

( c ) whenever the Minister has made an order under the next preceding paragraph of this sub-section in respect of an urban district, he may at any time thereafter, if he so think proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of April next after the date of such order, cease to be an urban area for the purposes aforesaid, and upon such order being so made such urban district shall cease on the said 1st day of April to be an urban area for the purposes aforesaid.

(3) Whenever, on the taking of a census of population, it is found that the population of an urban district which was shown by the next previous such census not to exceed seven thousand exceeds seven thousand, the following provisions shall have effect, that is to say:—

( a ) such urban district shall, notwithstanding such increase in the population thereof, continue not, to be an urban area for the purposes of the Principal Act, the amending Act and this Act until (but not including) the 1st day of April next after the date of publication certified under this section in respect of such census and shall (unless otherwise provided by an order under this sub-section) become on the said 1st day of April an urban area for the said purposes;

( b ) the Minister may by order, made before the said 1st day of April with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, notwithstanding such increase in the population thereof, continue not to be an urban area for the purposes aforesaid, and upon such order being so made such urban district shall continue not to be an urban area for the purposes aforesaid until otherwise provided by an order under the next following paragraph of this sub-section;

( c ) whenever the Minister has made an order under the next preceding paragraph of this sub-section in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and after consultation with the council of such urban district, direct that such urban district shall, on the 1st day of April next after the date of such order, become an urban area for the purposes aforesaid, and upon such order being so made such urban district shall become on the said 1st day of April an urban area for the purposes aforesaid.

(4) This section shall have and be deemed to have had effect as on and from the 1st day of January, 1936, and shall accordingly apply and have effect in relation to the census of population taken in the year 1936.

3.—(1) The Minister may whenever and so often as he thinks fit by order, made with the concurrence of the Minister for Finance and the Minister for Local Government and Public Health and after consultation with the council of any urban district the population of which (as shown by the census of population which is for the time being the latest such census) does not exceed seven thousand, direct that such urban district shall be an urban area on the 1st day of April next after the date of such order for the purposes of the Principal Act, the amending Act and this Act, and upon such order being so made such urban district shall be and continue to be an urban area for the purposes aforesaid until otherwise provided by an order under the next following sub-section.

(2) Whenever the Minister has made an order under the next preceding sub-section in respect of an urban district, he may at any time thereafter, if he so thinks proper, by order made with the concurrence of the Minister for Finance and the Minister for Local Government and Public Health and after consultation with the council of such urban district, direct that such urban district shall on the 1st day of April next after the date of such order cease to be an urban area for the purposes of the Principal Act, the amending Act and this Act, and upon such order being so made such urban district shall cease on the said 1st day of April to be an urban area for the purposes aforesaid.

4.—(1) Sub-section (1) of section 17 of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted that in the said section 17 the expression "scheduled rate" means the rate of unemployment assistance stated in the Schedule to this Act which is in the circumstances for the time being existing, applicable to the person in respect of whom the expression is used, and the said section 17 shall be construed and have effect accordingly.

(2) All references in the Principal Act to rates of unemployment assistance stated in the Schedule to the Principal Act shall be construed and have effect as references to the rates of unemployment assistance stated in the Schedule to this Act.

(3) The Schedule to the Principal Act is hereby repealed.

(4) The Minister may by order appoint a day to be the day upon which this section shall come into operation, and this section shall come into operation on the day so appointed.

5.—(1) In the financial year ending on the 31st day of March, 1938, there shall, in addition to the sum mentioned in section 25 of the Principal Act, be transferred to the Minister out of the Unemployment Fund a sum which bears to £50,000 (fifty thousand pounds) the same proportion as the number of days in the period commencing on the appointed day and ending on the said 31st day of March, 1938, bears to the number of days in such financial year.

(2) The Minister may by order fix a day to be the appointed day for the purposes of sub-section (1) of this section, and the expression "the appointed day" means in the said sub-section the day so appointed.

(3) In every financial year commencing after the 31st day of March, 1938, there shall be transferred to the Minister out of the Unemployment Fund the sum of £300,000 (three hundred thousand pounds).

(4) Section 25 of the Principal Act shall cease to apply in respect of any financial year commencing after the 31st day of March, 1938.

(5) Any moneys transferred to the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(6) In this section the expression "the Unemployment Fund" means the fund established and maintained under the Unemployment Insurance Acts, 1920 to 1933, as amended by any subsequent enactment.

6.—(1) Paragraph (a) of sub-section (1) of section 26 of the Principal Act is hereby amended by the substitution of the words "one shilling and eight pence" for the words "one shilling and sixpence" where those words occur in the said paragraph, and the said sub-section shall be construed and have effect accordingly.

(2) This section shall come into force on the 1st day of April, 1938, and shall have effect in respect of the financial year commencing on that date and every subsequent financial year.

7.—(1) The sum payable under section 26 of the Principal Act to the Minister by the council of the county borough of Limerick in the financial year which began on the 1st day of April, 1935, or in any subsequent financial year (whether beginning before or after the passing of this Act) shall be raised and (if and so far as it is raised before such passing) be deemed always to have been raisable by means of the municipal rate, but as a separate item thereof.

(2) In relation to the sum payable under section 26 of the Principal Act to the Minister by the council of the county borough of Limerick in the financial year which began on the 1st day of April, 1936, or in any subsequent financial year (whether beginning before or after the passing of this Act), the expression "rateable value" shall mean and be deemed always to have meant, in the said section 26, the valuation under the Valuation Acts, as deemed to be reduced by section 28 of the Limerick City Management Act, 1934 (No. 35 of 1934), of the hereditaments and tenements situate in the county borough of Limerick rateable to the municipal rate.

(3) This section shall operate by way of amendment of section 26 of the Principal Act and shall accordingly have effect notwithstanding anything to the contrary contained in the said section 26.

8.—Where a person (in this section referred to as the employer) aids, abets, counsels, or procures a person (in this section referred to as the employee) employed by him to commit an offence under section 29 of the Principal Act (as amended by section 14 of the Amending Act) or conspires with the employee for the commission by the employee of an offence under the said section 29 as so amended, the employer shall be guilty of an offence under this addition and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

9.—(1) This Act may be cited as the Unemployment Assistance (Amendment) Act, 1938 .

(2) The Unemployment Assistance Acts, 1933 and 1935, and this Act may be cited together as the Unemployment Assistance Acts, 1933 to 1938.

SCHEDULE

RATES OF UNEMPLOYMENT ASSISTANCE.