No. 188/1944:

LOCAL GOVERNMENT AND PUBLIC HEALTH (DELEGATION OF MINISTERIAL FUNCTIONS) (No. 2) ORDER, 1944.

LOCAL GOVERNMENT AND PUBLIC HEALTH (DELEGATION OF MINISTERIAL FUNCTIONS) (No. 2) ORDER, 1944.

WHEREAS it is enacted by subsection (1) of section 9 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939) that it shall be lawful for the Government, by order made on the request of a Minister having charge of a Department of State, to delegate to the parliamentary secretary to such Minister all the powers and duties of such Minister under any particular Act or any particular statutory power or duty of such Minister :

AND WHEREAS the Minister for Local Government and Public Health has requested the Government to make this Order :

NOW, the Government, in exercise of the powers conferred on them by subsection (1) of section 9 of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939), and of every and any other power them in this behalf enabling, hereby order as follows :—

1. This Order may be cited as the Local Government and Public Health (Delegation of Ministerial Functions) (No. 2) Order, 1944.

2. Subject to the subsequent provisions of this Order, the several statutory powers and duties of the Minister for Local Government and Public Health specified in the Schedule to this Order are hereby delegated to Francis Constantine Ward, Parliamentary Secretary to the Minister for Local Government and Public Health.

3. The following are hereby excepted from the powers and duties delegated by this Order :

(a) any power or duty which relates to the borrowing of money by a local authority or other body,

(b) any power or duty to fix or determine the area of charge for the purpose of raising any expenses of a local authority.

4. Every power and duty delegated by this Order shall be exercisable and performed by the said Francis Constantine Ward subject to the following restrictions :

(a) he shall not impose directly or indirectly, or give his consent to the imposition directly or indirectly of, any charge on a local authority if, having regard to the financial position of such local authority and under the usual practice among local authorities, such charge would be defrayed by means of borrowing,

(b) he shall not, without the concurrence of the Minister for Local Government and Public Health, impose any charge on a local authority otherwise than by consenting to any proposal or proposals from such local authority,

(c) he shall not, without the concurrence of the Minister for Local Government and Public Health, by consenting to any proposal or proposals from a local authority impose on any local authority charges which in any local financial year exceed in the aggregate the amount applicable to such local authority in accordance with the Table annexed to this Article,

(d) he shall not apply to a court for an order of mandamus requiring a local authority or other body to perform a duty.

TABLE.

TABLE.

SCHEDULE.

1. The powers and duties of the Minister for Local Government and Public Health under each of the following Acts :—

1. The Marriages (Ireland) Act, 1844 ;

2. The Central Criminal Lunatic Asylum (Ireland) Act, 1845 ;

3. The Marriages (Ireland) Act, 1846 ;

4. The Baths and Wash-houses (Ireland) Act, 1846 ;

5. The Vaccination (Ireland) Acts ;

6. The Births and Deaths Registration Acts, 1863 to 1936 ;

7. The Marriage Law (Ireland) Amendment Act, 1863 ;

8. The Registration of Marriages (Ireland) Act, 1863 ;

9. The Matrimonial Causes and Marriage Law (Ireland) Amendment Acts, 1870 and 1871 ;

10. The Sale of Food and Drugs Acts, 1875 to 1936 ;

11. The Rivers Pollution Prevention Acts, 1876 and 1893 ;

12. The Public Health Acts, 1878 to 1931 ;

13. The Cholera, etc., Protection (Ireland) Act, 1884 ;

14. The Infectious Disease (Notification) Act, 1889 ;

15. The Sale of Horseflesh, etc., Regulation Act, 1889 ;

16. The Pauper Lunatic Asylums (Ireland) Superannuation Act, 1890, as amended by Section 54 of the Local Government Act, 1925 (No. 5 of 1925) ;

17. The Infectious Disease (Prevention) Act, 1890 ;

18. The Foreign Marriage Act, 1892 ;

19. The Public Health Act, 1896 ;

20. The Lunacy (Ireland) Acts, 1821 to 1901 ;

21. The Cleansing of Persons Act, 1897 ;

22. The Factory and Workshop Acts, 1901 and 1907 ;

23. The Public Health Act, 1904 ;

SCHEDULE.—continued.

24. The Alkali, etc., Works Regulation Act, 1906 ;

25. The Marriage with Foreigners Act, 1906 ;

26. The Public Health (Regulations as to Food) Act, 1907 ;

27. The Notification of Births Acts, 1907 and 1915 ;

28. The Tuberculosis Prevention (Ireland) Acts, 1908 and 1913 ;

29. The Children Acts, 1908 to 1941 ;

30. The Asylum Officers' Superannuation Act, 1909 ;

31. The Public Health (Ireland) Act, 1911 ;

32. The Rag Flock Act, 1911 ;

33. The National Health Insurance Acts, 1911 to 1942 ;

34. The Education (Provision of Meals) Acts, 1914 to 1930 ;

35. The Venereal Disease Act, 1917 ;

36. The Maternity and Child Welfare Act, 1918 ;

37. The Midwives Acts, 1918 and 1931 ;

38. The Nurses Registration (Ireland) Act, 1919 ;

39. The Blind Persons Act, 1920 ;

40. The School Meals (Gaeltacht) Acts, 1930 and 1933 ;

41. The Therapeutic Substances Act, 1932 (No. 25 of 1932) ;

42. The Public Hospitals Acts, 1933 to 1940 ;

43. The Registration of Maternity Homes Act, 1934 (No. 14 of 1934) ;

44. The Cork Fever Hospital Acts, 1935 and 1938 ;

45. The Milk and Dairies Act, 1935 (No. 22 of 1935) ;

46. The Slaughter of Animals Act, 1935 (No. 45 of 1935) ;

47. The Dublin Fever Hospital Act, 1936 (No. 21 of 1936) ;

48. The Marriages Act, 1936 (No. 47 of 1936) ;

49. The Shops (Conditions of Employment) Act, 1938 (No. 4 of 1938) ;

50. The Hospitals Act, 1939 (No. 4 of 1939) ;

51. The Public Assistance Act, 1939 (No. 27 of 1939) ;

52. The Water Supplies Act, 1942 (No. 1 of 1942) ;

53. The Saint Laurence's Hospital Act, 1943 (No. 3 of 1943) ;

54. The Midwives Act, 1944 (No. 10 of 1944).

2. The powers and duties of the Minister for Local Government and Public Health under sections 9 and 84 of the Local Government (Ireland) Act, 1898.

3. The powers and duties of the Minister for Local Government and Public Health under each of the following Acts or portions of Acts, so far as those powers and duties are exercisable or to be performed in respect of an office or employment the duties of which relate solely to the administration of one or more of the Acts or portions of Acts mentioned in either of the foregoing paragraphs of this Schedule or in respect of the holder of any such office or employment :

1. The Union Officers (Ireland) Superannuation Acts, 1865 and 1872 ;

2. The Medical Officers Superannuation Act (Ireland), 1869 ;

3. The Local Officers Superannuation Act (Ireland), 1869 ;

4. The Union Officers (Ireland) Act, 1885 ;

5. Sub-section (11) of section 83 of the Local Government (Ireland) Act, 1898 ;

6. Section 8 of the Local Government (Ireland) Act, 1919, as amended by Section 76 of the Local Government Act, 1941 (No. 23 of 1941) ;

7. Part IV of the Local Government Act, 1925 (No. 5 of 1925) ;

8. The Local Authorities (Officers and Employees) Acts, 1926 and 1940, except section 12 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926) ;

9. Part II (except sections 8, 9, 12 and 19) and section 78 of the Local Government Act, 1941 (No. 23 of 1941).

4. The powers and duties of the Minister for Local Government and Public Health under section 83 of the Local Government Act, 1941 (No. 23 of 1941), so far as those powers and duties relate to and are exercisable or to be performed for the purpose of a power or duty mentioned in any of the foregoing paragraphs of this Schedule.

5. The powers and duties of the Minister for Local Government and Public Health under the Old Age Pensions Acts, 1908 to 1938, so far as those powers and duties are exercisable or to be performed in respect of any person who is receiving or claims to be entitled to receive an old age pension by virtue of section 6 of the Old Age Pensions Act, 1932 (which relates to blind persons who have attained the age of thirty years).

GIVEN under the Official Seal of the Government, this fifteenth day of June, 1944.

ÉAMON DE VALERA,

Taoiseach.