Notwithstanding anything to the contrarÿy in any
Act, every subject of His Majesty shall be qualified to hold the
office of Lord Lieutenant of Ireland, without reference to his religious belief.
(2) The term of office of the Lord Lieutenant shall be six years, without prejudice to the powers of His Majesty at any time to revoke the appointment. :
(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 Transferred Sum in each year, towards the payment of the Lord Lieutenant's salary,
a sum of five thousand pounds.
Provisions as to existing Judges and Irish Officers
Provisions as lo existing judges and other persons having salaries charged on the Consolidated Fund
32. — (1) All existing judges of the Supreme Court, and 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 removeable only on address from both Houses of Parliament of the United Kingdom, continue to be removeable only upon such an address, and if removeable in any other manner shall continue to be removeable only in the same manner as before that date; and shall continue to receive the same salaries, gratuities, and pensions, 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 paid out of the Exchequer of the United Kingdom, and all sums so paid shall be made good by means of
deductions from the Transferred Sum under this Act in accordance with regulations made by the Treasury.
(2) IF any of the said judges or officers retires 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 Irish Government, 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 serving in an established capacity in the civil service of the Crown, who, although receiving salaries payable out of money provided by the Parliament of the United Kingdom and not charged on the Consolidated Fund, are removeable only for misconduct or incapacity.
Continuation of service of, and compensation to, existing offficers
33. — (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 on 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 remuneration and superannuation) as theretofore, and shall be liable to perform the same duties as theretofore or such duties as the Civil Service Committee established under this Act may declare to be anologous, and while performing the same or avalogous duties shall receive not less remuneration than they would have received ifthis 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 removeable 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 passing of ‘this Act by the Lord Lieutenant.
(2) The Superannuation Acts, 1834 to 1909, shall continue after the appointed day to apply to.any such existing Irish offcer to whom they then apply, and the service ofany such officer under the Irish Government shall, for the purpose of those Acts, be deemed to be service in the permanent civil service of the Crown and in a public office within the meaning of the Superannuation Act, 1892:
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 Irish Government, the Civil Service Committee shall be substituted for the Treasury.
(3) The provisions as to compensation contained in the Third 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 passing'of this Act to existing Irish Officers in the civil service of the Crown under the Superannuation Acts, 1834 to 1909, and any compensation payable to any such officers under the provisions ofthis Act, shall be paid out of moneys provided by the Parliament ot the United Kingdom, but any sums so paid shall be made good by means of deductions from the Transferred Sum underthis Act in accordance with regulations made by the Treasury.
(5) The Pensions Commutation Acts, 1871 to 1882, shall apply to any person to whom an annual allowance is granted in pursuance ot the provisions of this Act relating to existing officers as they apply to a person who has retired in consequence of the abolition of his office,
Eslablishment of Civit Service Committee
34, — (1) For the purpose ofthe provisions of this Act with respect to existing officers there shall be established à committee to be called the Civil Service Committee.
(2) The committee shall consist of three members, of whom one shall be appointed by the Treasury, one by the Executive Com-
mittee, and one (who shall be chairman) by the Lord Chief Justice of England.
(3) Any vacancy arising in the committee owing to the death, resignation, Or incapacity of a member of the committee shall be filled by the authority by whom the member whose place is vacant Was appointed.
(4) 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.
Provisions as lo existing pensions and superannuation allowances
35. — Any pension granted on account of service in Ireland as a judge of the 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 to any officer or constable of the Dublin Metropolitan Police or Royal Irish Constabulary, and payable at the time of the passing of this Act, or in the case of an officer or constable of the Royal Irish Constabulary at the date of transfer, 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 Transferred Sum under this Act in accordance with regulations made by the Treasury.
Definition of Irish officer, and provision as to officers in whose case
questions may arise, elc.
36. — (1) For the purpose of the provisions of this Act relating to existing officers, any officer shall be deemed to be an Irish offcer who is serving or employed in Irish services within the meaning of this Act.
(2) If any question arises whether an officer is an 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 oflicers, 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 ot an ofhcer 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 Ireland and of the United Kingdom respectively.
Provisions as to Members of Police Continuation of service of, and compensation to members of police forces.
87. — (1) All officers and constables of the Dublin Metropolitan Police and of the Royal Irish Constabulary who are serving on 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 performing those duties shall not receive less pay 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 continue to apply after the transfer to any officer and constable serving on 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) The provisions as to compensation contained in the Fourth Schedule to this Act shall apply with respect to the officers and constables ofthe Dublin Metropolitan Police and of the Royal Irish Constabulary who are serving on the day of transfer.
(4) Any pensions and other allowances and gratuities which may become payable to officers and constables of the Dublin Metropolitan Police after the passing. of this Act or to officers and constables of the Royal Irish Constabulary after the date of transfer (being in either case officers and constables who are serving on 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 Trans'erred Sum under this Act in accordance with reoulations made by the Treasury.
(5) The Pensions Commutation Acts, 1871 to 1882, shall apply to anÿ 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 is 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.
(6) In this section and in the Fourth Schedule to this Act the expression « day of transfer » in relation to the Dublin Metropolitan Police means the appointed day, and in relation to-the Royal Irish Constabulary means the dey on which the control and management of that force are transferred to the Irish Government.
General
Continuance of existing laws, institutions, etc.
land, whether judicial, administrative, or ministerial, and all exis-
AIL existing laws, iastitutions, and authorities in Ire-
tiug 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 Irish Parliament under this Act, to repeal, abolition, alteration, and adaptation in the manner and to the extent authorised by this Act.
Use of Crown lands by Irish Government
39, — His Majesty the King in Council may place under the control of the Irish Government, for the purposes of that government, such ofthe lands, buildings, and property in Ireland vested in or held in trust for His Majesty, and subject to such conditions or restrictions (if any) as may seem expedient.
Arrangements belveen departments of United Kingdom and Trish departments for exercise of powers and dulies
40. — 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 an Irish department, or by any Irish department 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 the United Kingdom on such terms and conditions as may be agreed :
Provided that no such arrangements shall diminish in any respect the responsibility of the department by which the arrangement is made.
Concurrent legislation
41.— (1) The Irish Parliament shall not 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 passing of this Act and extending to Ireland, although that provision deals with a matter with respect to which the Irish Parliament have powers to make laws.
(2) Where any Act of the Irish Parliament deals with any matter with respect to which the Irish Parliament have power to make laws which is dealt with by any Act of the Parliament of the United Kingdom passed after the passing of this Act and extending to Ireland, the Act of the Irish Parliament 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 :
Provided that nothing in this section shall affect the power of the Irish Parliament to vary an Imperial tax in accordance with this Act, or any variation so made.
(3) Any order, rule, or regulation made in pursuance of, or having the force of, an Act of Parliament of the United Kinedom
shall be deemed to be a provision of an Act within the meaning of this section.
Transitory
First meeling of Irish Parliament and first election of reduced
number of Irish members
42, — (1) The Irish Parliament shall be summoned to meet on the first Tuesday in September nineteen hundred and thirteen, and the first election of members of the Irish House of Commons shall be held at such time before that day as may be fixed by His Majesty by Order in Council made for the purpose of the transitory provisions of this Act.
(2) Upon the first meeting of the Irish Parliament, the members returned by constituencies in Ireland to serve in the Parliament of the United Kingdom and then sitting in that Parliament shall vacate their seats, and writs shall, as soon as conveniently may be, be issued by the Lord Chancellor of Ireland for the purpose of holding an election of members to serve in the Parliament of the United Kingdom for the constituencies mentioned in the Second Part of the First Schedule to this Act.
(3) Subject to the provisions of this Act, all existing election laws relating to the Commons House of Parliament of the United Kingdom and the members thereof shall, so far as applicable, extend to the Irish House of Commons and the members thereof ; but those election laws may, except as provided by this Act, be altered by Irish Act.
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 Irish House of Commons.
(4) The Lord Lieutenant shall determine by lot which of the first senators are to retire in the second, fourth, and sixth year, and the term of office of those senators shall be reduced accordingly.
Temporary provision as to payments into and out of the Irish Exchequer
43. — (1) Pending the determination of the Transferred Sum by the Joint Exchequer Board, the Treasury may make such payments on account of that sum into the Irish Exchequer as the Joint Exchequer Board may direct.
(2) The Joint Exchequer Board may authorise the Lord Lieutenant to make such payments from the Irish Exchequer as may be necessary in order to provide for bringing this Act into operation, but no such authority shall be given after the expiration of a period of three months from the first meeting of the Irish Parliament.
Poiver to make adaptations, &c., by Order in Council
44. — (1) His Majesty may make Orders in Council for the purpose of the transitory provisions of this Act, and may, by any such Order, make or direct to be made such arrangements as seem necessary or proper for setting in motion the Irish Parliament and Government, 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 the 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) make 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 ot 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.
(D) make such adaptation of any enactments as appear to him necessary or proper with respect to the execution of the reserved services, and in particular provide for
"48 Le Pr E
, . " de. | sd LUTES »
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, to be exercised or performed by any department in Ireland which will cease to exist as a department of the Government of the United Kingdom ; and
(c) make regulations with respect to the relations of the Irish and British Post Offices, and in particular may provide for an apportionment of the capital liabilities of the Post Office betwen the Irish Exchequer and the Exchequer of the United Kingdom, and for apportioning any receipts and expenses in respect of foreing mails or other foreign postal services (including telegrams and telephones), betwen the two Post Offices, and for facilities being given in respect of postal services generally by the one Post Office to the other, especially in relation to submarine telegraphs or telegraphic communication with any place out of the United Kingdom ; and
(d) on any transfer under this Act of the public services in connexion with the administration of the Old Age Pensions Acts, 1908 and 1911, 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 time of the transfer, while he continues so entitled ; and
(e) on the transfer under this Act of public services in connexion with Post Office Savings Banks, or Trustee
. Savings Banks, make provisions for giving a depositor
in any transferred Post Office Savings Bank 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
sioners, and for securing to the holder of any annuity
sums due to them from the National Debt Commis-
or policy of insurance granted before the date of the transfer by a Post Office or Trustee Savings Bank the payment of the annuity oriof any sums due under the policy ; and
(f) make provision with respect to the transfer and apportionment of any property, rights, and liabilities in connexion with Irish services ; and
(g) provide, ih cases where the same Act deals with reserved matters and with other matters, for specifying the matters dealt with by the Act which are to be treated in accordance with this Act as reserved matters.
Orders in Council to be laid before Parliament
A5. — (1) Any Order in Council made for the purpose of the transitory provisions of 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 these Houses within the next subsequent forty days 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 auy proceedings which may in the meantime have been taken under the Order.
(2) Any Order in Council made for the purpose of the transitory provisions of this Act shall, subject to the foregoing provisions of this section, have effect as if enacted in this Act.
Appointed day
46, — The appointed day for the purposes of this Act shallbe the day for the first meeting of the Irish Parliament, or such other day
not more than six 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.
Supplemental Définitions