No. 115/1943:

FINES AND PENALTIES (DISPOSAL) ORDER, 1943.

FINES AND PENALTIES (DISPOSAL) ORDER, 1943.

WHEREAS it is enacted by sub-section (1) of section 51 of the Court Officers Act, 1926 (No. 27 of 1926), that, save as is otherwise provided under the said section 51, all fines, amerciaments, penalties and forfeited recognizances imposed or levied by any court after the appointed day shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct, and that notwithstanding any enactment to the contrary, no part of any such fine, amerciament, penalty, or recognizance shall be paid or allowed to any prosecutor, informer, or other person or paid into any fund :

AND WHEREAS it is enacted by sub-section (4) of the said section 51 that the Minister for Justice may, with the concurrence of the Minister for Finance, by order direct that the whole or any specified portion of every fine or penalty belonging to any particular class or classes of fines or penalties specified in the order shall not be paid into the Exchequer under the said section 51, and that, in lieu of being so paid, the whole or such specified portion (as the case may be) of every such fine or penalty shall be paid to such prosecutor, informer, or other person or into such fund and upon such terms and conditions as shall be specified in the order in respect of each particular class or classes of fines :

AND WHEREAS by virtue of the Court Officers Act, 1926 (Appointed Day) Order, 1928 ( S. R. & O. No. 10 of 1928 ), the appointed day for the purposes of the said section 51 is the 31st day of March, 1928 :

NOW, the Minister for Justice, in exercise of the powers conferred on him by sub-section (4) of section 51 of the Court Officers Act, 1926 (No. 27 of 1926), and of every and any other power him in this behalf enabling, and with the concurrence of the Minister for Finance, hereby orders as follows :—

1. This Order may be cited as the Fines and Penalties (Disposal) Order, 1943.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. Every fine or penalty imposed in respect of an offence under the Housing of the Working Classes Acts, 1890 to 1931, or any bye-law made thereunder or consisting of a contravention of any such bye-law prosecuted by or on behalf of a local authority shall, in lieu of being paid into the Exchequer, be paid to such local authority to be applied to the credit of the appropriate fund out of which their expenses under the Housing of the Working Classes Acts, 1890 to 1931, are defrayed.

4. Every fine imposed in respect of an offence under section 20 of the Local Government Act, 1925 (No. 5 of 1925), or consisting of a contravention of bye-laws made under that section prosecuted by or on behalf of a sanitary authority shall, in lieu of being paid into the Exchequer, be paid to such sanitary authority to be paid by them into their fund applicable for the general purposes of the Public Health Acts, 1878 to 1931.

5. Every fine or penalty imposed in respect of an offence under the Labourers Acts, 1883 to 1941, prosecuted by or on behalf of a local authority shall, in lieu of being paid into the Exchequer, be paid to such local authority to be applied to the credit of the funds out of which their expenses under the Labourers Acts, 1883 to 1941, are defrayed.

6. Every fine imposed in respect of an offence under the Slaughter of Animals Act, 1935 (No. 45 of 1935), or any bye-law made thereunder or consisting of a contravention of any such bye-law prosecuted by or on behalf of a sanitary authority shall, in lieu of being paid into the Exchequer, be paid to such sanitary authority to be applied towards their expenses in executing the said Act.

GIVEN under The Official Seal of the Minister for Justice, this 8th day of March, 1943.

(Signed) GERALD BOLAND.

The Minister for Finance concurs in the foregoing Order.

(Signed) SEÁN T. Ó CEALLAIGH.