[Preamble.]
Short title.                                                                                1. This Act may be cited as the Post Office (Parcels) Act, 1882.

Remuneration to railway companies for carriage of parcels.                                      2. In the event of any regulations being made by the Treasury in pursuance of the Post Office Acts and providing for the conveyance of parcels by post on different conditions from ordinary postal packets, the following provisions shall, subject to the provisions of this Act, have effect:
(1.) The Postmaster-General shall from time to time pay to the railway companies parties to the arrangement under this Act the amount herein-after mentioned as the remuneration of all railway companies in respect of the conveyance of parcels by such companies, and the amount so paid (in this Act referred to as the railway remuneration) shall be in substitution for any other remuneration in respect of the conveyance of such parcels, and every railway company shall render in respect of such parcels the services required by this Act, and shall accept the said payment in full satisfaction and discharge for the said services.
(2.) The amount of the railway remuneration shall be eleven-twentieth parts of the gross receipts of the Postmaster-General from such of the said parcels as are conveyed by railway;
Provided that if at any time in pursuance of regulations of the Treasury the weights of or rates of postage for parcels differ from those mentioned in the Second Schedule to this Act, the railway companies parties to the arrangement under this Act may, by notice under the hand of the secretary to the London Railway Clearing Committee, require a revision of the amount of the railway remuneration, and the amount as determined on such revision shall be substituted for the above-mentioned eleven-twentieth parts of the gross receipts, subject nevertheless, in the event of any further change in the weights of or rates of postage for parcels, to another revision on notice requiring the same given either by the railway companies or by the Postmaster-General, and so on from time to time.

(3.) In the case of a revision the amount of railway remuneration shall be a sum to be paid to the companies collectively in manner provided by this Act, and if such amount is not determined by agreement between the Postmaster-General and the railway companies, parties to the arrangement under this Act, the amount shall be referred to arbitration in manner provided by this Act.
(4.) The provisions of this section (in this Act referred to as the arrangement under this Act) shall continue in force during a period of twenty-one years next after the said regulations come into operation, and thereafter until the expiration of twelve months’ notice to determine the same given by the Postmaster-General on the one side, or by the railway companies on the other, either before or after the expiration of the said twenty-one years.

Services to be rendered by railway companies.                                                   3. During the continuance of the arrangement under this Act the railway companies shall render the following services:—
(1.) Every railway company shall convey by any train by which passengers, goods, or parcels are conveyed all such parcels as may be tendered for conveyance by such train, whether such parcels be under the charge of a person appointed by the Postmaster-General or not, and notwithstanding that no notice has been given to the company with respect to the conveyance of such parcels:
Provided that the conveyance of parcels by mail and express trains shall be limited so as not to affect prejudicially the convenient and punctual working of those trains.

(2.) Every railway company shall afford all reasonable facilities for the receipt and delivery of the sacks, hampers, boxes, or other receptacles containing the parcels at any of their stations without requiring them to be booked or interposing any other delay, and shall perform the service of transferring such sacks, hampers, boxes, or other receptacles to and from the vehicles of the Postmaster-General at the outwards and inwards railway stations.
(3.) Every railway company shall convey, free of charge, but in a manner convenient to them but not interfering with his custody of the parcels, any servant of the Postmaster-General appointed to take charge of the parcels during their conveyance by railway; but if such person during the conveyance receives any injury, and the company pay any sum for damages or costs in respect of such injury, or on account of death arising from such injury, the Postmaster-General shall pay to the company one half of such sum, but if the sum is paid by the company under agreement or by way of compromise of any claim, the Postmaster-General shall not be liable to pay one half unless his written consent has been previously given to the payment of such sum.
(4.) If the parcels are in charge of a person appointed by the Postmaster-General every railway company shall permit such person, if he thinks fit, by himself or his assistants, to deliver and receive the parcels at any station at which the train by which the sacks, hampers, boxes, or other receptacles containing the parcels are intended to be or are conveyed is appointed to stop and during the time limited for such stoppage, but nevertheless shall, if required by such person, assist him in transferring the sacks, hampers, boxes, or other receptacles to and from the vehicles of the Postmaster-General.
(5.) Every railway company shall, if the Postmaster-General so require, provide in every train, not being an express or mail train, a special parcels van or other separate accommodation for sorting parcels carried by such train, and the Postmaster-General shall pay to such company in respect of the said van or accommodation such amount as may be agreed on, or, in case of difference, be determined by arbitration.

Calculation of gross receipts.                                                                  4. The gross receipts of the Postmaster-General from parcels conveyed by railway for the purpises of this Act
(a) shall be calculated without any deduction whether for the cost of stamps, or otherwise; and
(b.) shall not include such extra charges (over and above the usual rate of postage) as may be from time to time fixed by the said regulations; and
(c.) shall include the rates of postage which would be chargeable for Government parcels, if they were sent by private persons, notwithstanding that the same may be conveyed without being stamped; and
(d.) As regards foreign parcels shall be taken to be the same amount as would have been the gross receipts of the Postmaster-General in respect of such parcels if they had been inland parcels of the same weight.

Payments to Clearing Committee.                                                                 5. (1.) The Postmaster-General shall from time to time, and at least once in every three months, and, within seven weeks after the expiration of the period to which such accounts respectively relate, render to the railway companies parties to the arrangement under this Act, through the medium of the London Railway Clearing Committee, such accounts as may be reasonably necessary to show the sums due to railway companies in respect of railway remuneration under this Act, and shall keep all such accounts as are reasonably necessary for that purpose, and shall afford reasonable inspection thereof to the secretary to the London Railway Clearing Committee on behalf of the railway companies, and shall as soon as may be, and at least within one week after the delivery of the account, pay to the railway companies through the medium of the said committee the amount, appearing from the said accounts to be so due, and may pay the same out of the moneys for the time being to the credit of the Postmaster-General at the Bank of England; but such payments shall be charged in the accounts of the Post Office to the gross receipts in respect of parcels.

(2.) The receipt of the secretary to the London Railway Clearing Committee shall be a full discharge for all sums paid by the Postmaster-General in respect of railway remuneration, and the Postmaster-General shall not be required to take any part in or otherwise be responsible for the division amongst the railway companies of the amount so paid.

Apportionment of amount received by committee.                                                  6. (1.) The railway companies parties to the arrangement under this Act shall from time to time apportion the railway remuneration received from the Postmaster-General among all the railway companies in accordance with the provisions set forth in the Third Schedule to this Act, which provisions shall have effect as if they were enacted in the body of this Act.

(2.) For the purpose of facilitating such apportionment the Postmaster-General shall for one week in each half year keep, and within twenty-eight days thereafter deliver to the secretary to the London Railway Clearing Committee, records of the number of the parcels conveyed by railway and forwarded from the different post towns in the United Kingdom during the week for which such account shall be so kept.

Conditions as to conveyance of parcels by railway.                                              7. During the continuance of the arrangement under this Act the following provisions shall have effect with reference to the parcels conveyed for the Postmaster-General by railway companies:
(1.) He shall direct his officers from time to time to distribute, so far as practicable, the parcels between the different railways, so that the expense to any railway company of carrying the parcels may, with due regard to the public convenience, be proportionate to that company's share of the receipts divisible among the railway companies under this Act:
(2.) He shall direct his officers to secure so far as practicable the delivery of the parcels at the outwards railway station a reasonable time before the departure of the trains, and to be so far as practicable in attendance at the inwards station to meet on arrival any train by which parcels are expected to arrive:
(3.) The parcels shall be placed by the officers of the Postmaster-General for each separate railway station in sacks, hampers, boxes, or other receptacles, and in such reasonably convenient manner for delivery to and for transfer and conveyance by the railway companies as the Postmaster-General may from time to time direct.
(4.) The railway companies shall not be required to carry, under this Act, any such explosive or dangerous article as they, independently of this Act, for the time being refuse to carry as a parcel by passenger trains.
(5.) The parcels shall, with regard to security and compensation for loss or otherwise, be treated as letters sent by post, and no company shall incur or be subject to any liability in respect of the conveyance or loss of or damage to any of the parcels, but the railway companies shall take all reasonable care for the security of the parcels while under their charge.

Arbitration under Act.                                                                          8. Where during the continuance of the arrangement under this Act the amount of railway remuneration or other matter of difference between the Postmaster-General and the railway companies parties to the said arrangement or any matter of difference between the Postmaster-General and any single railway company or any company or person or persons owning any steam vessel in respect of any services under this Act, is in pursuance of this Act referred to arbitration, the arbitration shall be in accordance with the Railway Companies Arbitration Act, 1859, and the Acts amending the same, and where it is between the Postmaster-General and the companies parties to the arrangement under this Act shall be conducted in like manner as if the said companies were one party to the arbitration on the one side, and the Postmaster-General were a company party to the arbitration on the other side, and if each side appoints an arbitrator, one arbitrator only shall be appointed on behalf of the said companies under the hand of the secretary to the London Railway Clearing Committee.

22 & 23 Vict. c. 59.
Railway companies parties to arrangement and remuneration to company not party to arrangement.  9. (1.) The following railway companies shall be deemed to be railway companies parties to the arrangement under this Act:—
22 & 23 Vict. c. 59.
(a.) the railway companies named in the First Schedule to this Act; and
(b.) every railway company who in pursuance of this Act elects to become a party to the arrangement under this Act; and
(c.) as regards any railway authorised after the passing of this Act, the railway company working such railway.
(2.) Any railway company in the United Kingdom not being one of the parties to the arrangement under this Act may serve a notice in writing and under seal on the Postmaster-General, and on the secretary to the London Railway Clearing Committee, expressing the desire of such company to become one of the parties to the arrangement under this Act, and upon the service of such notice the company shall be deemed to have elected to become one of the parties to the arrangement under this Act.
(3.) Any railway company in the United Kingdom not being one of the parties to the arrangement under this Act shall, nevertheless, when required by the Postmaster-General, render the services with respect to the conveyance of parcels which are required by this Act to be rendered by railway companies, and shall be entitled as remuneration for such services to receive from the railway companies parties to the arrangement under this Act the proper proportion of the railway remuneration, and if a difference arises with respect to the amount of such remuneration and is not determined by agreement between such company and the railway companies parties to the arrangement under this Act, acting through the medium of the London Railway Clearing Committee, the difference shall be referred to arbitration; and the award on such arbitration shall determine the difference and the amount due to such company in respect of the said services, and such amount shall be paid out of the railway remuneration by the railway companies parties to the arrangement under this Act:
Provided that where a railway company is not one of the parties to the arrangement under this Act, nothing in this section shall authorise the Postmaster-General to require such company to carry parcels on any railway worked by such company on which the company does not carry any parcels traffic within the meaning of the Third Schedule to this Act.

(4.) An arbitration under this section shall be conducted in accordance with the Railway Companies Arbitration Act, 1859, and any Act amending the same, in like manner as if the companies parties to the arrangement under this Act were one party to the arbitration, but the arbitrator shall, on application under the hand of the secretary to the London Railway Clearing Committee, be appointed by the Lord Chief Justice of England, but if no such application is made and each side appoints an arbitrator, one arbitrator only shall be appointed on behalf of the companies parties to the arrangement under this Act under the hand of the secretary to the London Railway Clearing Committee.

Application of law upon determination of arrangement under this Act.                            10. Upon the determination of the arrangement under this Act the enactments then in force in relation to the conveyance of other postal packets by railway, and the remuneration to be paid for the services of the railway companies as regards such conveyance, and the determination of such remuneration (in the absence of agreement) by arbitration, shall apply in the case of parcels in like manner as in the case of other postal packets.

Saving of existing rights.                                                                      11. Nothing in this Act shall in any way prejudice or affect on the one hand the rights or powers of any railway company, either in the conveyance of parcels for the public on the company's own account or the charges or conditions to be made or imposed in respect of such conveyance, or on the other hand the right of the Postmaster-General under his powers with respect to the conveyance of mails by railway, and every company shall be entitled to be paid for all services in respect of the conveyance of mails other than parcels wholly irrespective of and without reference to the provisions of this Act.

Mode of acting by Postmaster-General and Clearing Committee.                                    12. (1.) Every agreement under this Act by the Postmaster-General shall, in accordance with the Post Office Acts, be made with the consent of the Treasury.

(2.) Any notice or document required for the purposes of this Act to be served on the Postmaster-General may be served by the delivery thereof to the Postmaster-General or to any of the secretaries or assistant secretaries to the Post Office, or by sending the same by post addressed to the Postmaster-General at the General Post Office.
(3.) For any purpose connected with railway remuneration in pursuance of the arrangement under this Act, any notice or document to be given or served to, on, or by the railway companies parties to the arrangement under this Act shall be given or served to, on, or by the secretary to the London Railway Clearing Committee, and the railway companies parties to the arrangement under this Act may collectively sue and be sued in the name of the said secretary; and during the continuance of the arrangement under this Act, the Postmaster-General in dealing (for the purposes of railway remuneration) with the railway companies parties to the arrangement under this Act may deal only with such companies collectively through the medium of the London Railway Clearing Committee, and shall not be required to deal, as regards railway remuneration, with any of such companies individually.
(4.) All accounts to be rendered or notices given to or served on the railway companies with reference to railway remuneration shall be rendered, given, or served by sending the same through the post to, or leaving the same at, the office of the London Railway Clearing Committee, addressed to the secretary to such committee.

Application of Act to steam vessels.                                                            13. Where any railway company own or work any steam vessel, the provisions contained in this Act with respect to the conveyance of parcels by railway shall, so far as they are applicable, extend to the conveyance of parcels by such steam vessels, and the expressions in this Act shall be construed accordingly; and expressions referring to railway stations shall refer to places where steam vessels depart, call, or arrive:
17 & 18 Vict. c. 104.
Provided that where any such steam vessel carries on communication between a port in the United Kingdom and any place out of the United Kingdom, the remuneration for services rendered by such steam vessel in respect of the conveyance of parcels shall not be included in the railway remuneration, but shall be such as may be determined by agreement between the Postmaster-General and the company owning or working the steam vessel, or in case of difference be determined by arbitration, and the amount so determined shall be paid direct to the company, and the parcels conveyed by such steam vessel shall not, in respect of that conveyance, be deemed to be parcels conveyed by railway.

Where any steam vessel carries on regular communication between a port in the United Kingdom and any other port or place within the United Kingdom, or is a home-trade ship as defined by the[1] Merchant Shipping Act, 1854, and such steam vessel is neither owned nor worked by any railway company, the company or person or persons by whom such steam vessel is owned or worked shall, from and after the passing of this Act, be bound to convey parcels; and the remuneration due for the services rendered by such steam vessel, in respect of the conveyance of parcels, shall be determined by agreement between the Postmaster-General and the company or person or persons owning or working such steam vessel, or in case of difference such remuneration shall be determined by arbitration, and the amount so determined shall be paid direct to such company or person or persons, and the parcels conveyed by such steam vessel shall not in respect of that conveyance be deemed to be parcels conveyed by railway.

Application of Customs Acts to foreign parcels.                                                 14. (1.) Subject to any exceptions and modifications made by regulations under this section, the provisions of the Acts for the time being in force relating to the Customs (in this Act referred to as Customs enactments) shall apply to goods contained in foreign, parcels, in like manner, so far as is consistent with the tenour thereof, as they apply to any other goods; and persons may be punished for offences against the said enactments, and goods may be examined, seized, and forfeited, and the officers examining and seizing them shall be protected, and legal proceedings in relation to the matters aforesaid may be taken, accordingly under the said enactments.

(2.) The Treasury, on the recommendation of the Commissioners of Customs and the Postmaster-General, may from time to time make, and, when made, revoke and vary, regulations for the purpose of modifying or excepting the application of any of the Customs enactments to foreign parcels, and for the purpose of securing, in the case of such parcels, the observance of the Customs enactments, and for enabling the officers of the Post Office to perform, for the purpose of those enactments and otherwise, all or any of the duties of the importer and exporter, and for carrying into effect any treaty, convention, or arrangement with any foreign State or the government of any British possession with reference to foreign parcels, and for punishing any contravention of the Customs enactments or of the regulations under this section.
(3.) The Postmaster-General shall have the same right of recovering any sums paid, in pursuance of the Customs enactments or otherwise under the said regulations, in respect of any foreign parcel, as he would have if the sum so paid were a rate of postage.
(4.) A contravention of the regulations in force under this section shall be deemed to be a contravention of the Customs enactments, and shall involve accordingly the like punishment of persons guilty thereof, and the like forfeiture of goods.

Application of Act to Channel Islands and Isle of Man.                                          15. This Act shall apply to the Channel Islands and Isle of Man as if they were part of the United Kingdom, subject to the following provisions:—
(1.) Save as provided by regulations made under this section, it shall not be lawful, by means of any inland parcel, to export or remove from the Channel Islands or Isle of Man, or import or bring into the United Kingdom, or to export or remove from the United Kingdom or import or bring into the Channel Islands or Isle of Man, any goods on the exportation, importation, removal, or bringing in of which there is for the time being any prohibition or restriction, or any Customs duty payable.
(2.) Regulations under this section may be made for permitting and regulating the exportation, importation, removal, or bringing in of any such goods as above mentioned, to the extent provided by the regulations.
(3.) Subject to any exceptions or modifications made by the regulations under this section, the provisions of this Act with respect to the application of the Customs enactments to foreign parcels shall apply in like manner as if the inland parcels sent between the United Kingdom, Channel Islands, and the Isle of Man were foreign parcels, and for the purpose of such application any goods for the time being prohibited by this section from being imported, exported, brought in, or removed shall be deemed to be so prohibited by the said Customs enactments.
(4.) The Treasury may from time to time, on the recommendation of the Commissioners of Customs and the Postmaster-General, make, and, when made, revoke and vary, regulations for carrying into effect this section.
(5.) All laws of those islands punishing offences committed in relation to post letters or post letter bags shall apply as if parcels were post letters, and sacks, hampers, boxes, and other receptacles containing parcels were post letter bags.

Application of Post Office Acts.                                                                16. This Act shall be deemed to be a Post Office Act within the meaning of the Post Office (Offences) Act, 1837, and, subject to the provisions of this Act, the Post Office Acts shall apply to parcels within the meaning of this Act in like manner as they apply to other postal packets.

7 Will. 4. and 1 Vict. c. 36.
Definitions.                                                                                17. In this Act, unless the context otherwise requires—
13 & 14 Vict. c. xxxiii.
The expression “British possession” does not include the Channel Islands or the Isle of Man, but includes all other territories and places forming part of Her Majesty's dominions:
The expression “parcel” means all such postal packets as by the regulations of the Treasury made in pursuance of the Post Office Acts are defined to be parcels:
The expression “inland parcels” means parcels posted within the United Kingdom and addressed to some place in the United Kingdom:
The expression “foreign parcels” means parcels either posted in the United Kingdom and sent to a place out of the United Kingdom, or posted in a place out of the United Kingdom and sent to a place in the United Kingdom, or in transit through the United Kingdom to a place out of the United Kingdom:
The expression “railway company” means any person or body of persons corporate or unincorporate working a railway:
The expression “London Railway Clearing Committee” means the Clearing Committee mentioned in the Railway Clearing Act, 1850.

FIRST SCHEDULE.
Sect. 9 .
Railway Companies Parties to Arrangement.
Aylesbury and Buckingham.                              Furness.

Ballycastle.                                           Garstang and Knotend.

Ballymena and Larne.                                   Glasgow and South Western.

Belfast and County Down.                               Great Eastern.

Belfast and Northern Counties.                         Great North of Scotland.

Belfast, Holywood, and Bangor.                         Great Northern.

Bishop's Castle.                                       Great Northern, Ireland.

Brecon and Merthyr Tydvil Junction.                    Great Southern and Western of Ireland.

Bristol Port Railway and Pier.
Caledonian.                                            Great Western.

Cambrian.                                              Gwendraeth Valleys.

Central Wales and Carmarthen Junction.                 Highland.

Lancashire and Yorkshire.
Cheshire Lines Committee.                              Liskeard and Caradon.

City of Glasgow Union.                                 London and North Western.

Cleator and Workington Junction.                       London and South Western.

Cockermouth, Keswick, and Penrith.                     London, Brighton, and South Coast.

Colne Valley and Halstead.                             London, Chatham, and Dover.

Cork and Bandon.                                       London, Tilbury, and Southend.

Cork, Blackrock, and Passage.                          Londonderry and Lough Swilly.

Cornwall, the lessees of.                              Lynn and Fakenham.

Dublin, Wicklow, and Wexford.                          Macclesfield Committee.

East and West Junction.                                Manchester and Milford.

Fleetwood, Preston, and West Riding.                   Manchester, Sheffield, and Lincoln shire.

Finn Valley.
Manchester, South Junction, and Altrincham.            Sheffield and Midland Railway Company's Committee.

Maryport and Carlisle.                                 Sligo, Leitrim, and Northern Counties.

Midland.
Midland Great Western of Ireland.                      South Eastern.

Mid Wales.                                             Southwold.

Neath and Brecon.                                      Swindon, Marlborough, and Andover.

Newry, Warrenpoint, and Rostrever.                     Taff Vale.

Northampton and Banbury Junction.                      Tendring Hundred.

Waterford and Central Ireland.
North British.                                         Waterford and Limerick.

North Eastern.                                         Waterford and Tramore.

North London.                                          Waterford, Dungarvan, and Lismore.

North Staffordshire.
Oldham, Ashton-under-Lyne, and Guide Bridge Junction.  Watlington and Prince's Risborough.

West Lancashire.
Pembroke and Tenby.                                    West Riding and Grimshy.

Portpatrick.                                           Wigtownshire.

Preston and Wyre, the lessees of.                      Wrexham, Mold, and Connah's Quay.

Rhymney.
Severn and Wye and Severn Bridge.

SECOND SCHEDULE.
Sect. 2 .
Weights and Rates of Parcels.
For an Inland Parcel of a Weight.            The rate of Postage shall be
Not exceeding 1lb. - - - - - -               3d.
Exceeding 1lb. and not exceeding 3lbs. - -   6d.
Exceeding 3lbs. and not exceeding 5lbs. - -  9d.
Exceeding 5lbs. and not exceeding 7lbs. - -  1s.

THIRD SCHEDULE.
Sect. 6 .
Apportionment among the Railway Companies.
1. All sums paid by the Postmaster-General under this Act to the railway companies parties to the arrangements under this Act shall be apportioned amongst the railway companies entitled to share therein by the London Railway Clearing Committee half-yearly up to the thirtieth day of June and the thirty-first day of December in each year, or to such other half-yearly days as the parcels accounts between the companies may for the time being be made up by the London Railway Clearing Committee.
2. The share of each railway company shall bear the same ratio to the whole sum divisible as that company's gross receipts from local and through parcels traffic for each half-yearly period bear to the gross receipts from local and through parcels traffic of all the companies for the same period: Provided that where upon an arbitration with any company not a party to the arrangement under this Act any sum is awarded to be paid to such company, such sum shall be so paid of the share ascertained as aforesaid.

Each company shall render to the London Railway Clearing Committee the necessary returns of their parcels traffic certified by their accountant, such returns to be subject to audit and inspection of books by the London Railway Clearing Committee.

3. If at any time after the expiration of three years from the passing of this Act, or if at any time in pursuance of regulations of the Treasury the weights or rates of postage for parcels differ from those mentioned in the Second Schedule to this Act, any one or more of the companies consider that the apportionment of the receipts from parcels traffic above provided by this Act (herein-after called “the prescribed apportionment”) is inequitable, such company or companies (without prejudice to any right conferred by this Act on a company not represented by the committee) may forward to the London Railway Clearing Committee a statement in writing of the grounds of objection to the prescribed apportionment, and thereupon the following provisions shall have effect:
(a.) The secretary to the London Railway Clearing Committee shall convene a special meeting of the general managers of the railway companies parties to the arrangement under this Act (herein-after called “the conference”) for the purpose of taking such statement into consideration, and shall give not less than fourteen days’ notice of such special meeting.
(b.) The conference shall at such special meeting take the said statement into consideration and determine by a majority of its members present at such meeting whether a primâ facie case has been shown for altering the prescribed apportionment.
(c.) If the conference determine that a primâ facie case has not been shown for altering the prescribed apportionment no further proceedings shall be taken, and the prescribed apportionment shall continue in force until further complaint be made under this article.
(d.) If the conference determine that a primâ facie case has been shown for altering the prescribed apportionment, it shall proceed either at such meeting or any adjournment or adjournments thereof, or at any other meeting specially convened for the purpose as herein-before provided, to consider a fair and equitable revision of the prescribed apportionment.
(e.) The conference may by a majority of its members present at any such meeting and representing companies whose aggregate share capital is for the time being not less than three-fourths of the aggregate share capital represented at such meeting determine upon a revision of the prescribed apportionment.
(f.) If the conference, for the space of three months after they have decided that a primâ facie case for revision has been shown, fail to determine by the requisite majority upon a revision of the prescribed apportionment, then the question of revising the prescribed apportionment shall be referred to an arbitrator appointed under this schedule, who shall have power to determine whether any, and if any, what revision of the prescribed apportionment is required to remedy any inequality or injustice which may in his opinion be established upon due inquiry before him.
(g.) The conference or the arbitrator shall, in considering a revision of the prescribed apportionment, have power to deal with any complaint of inequality or injustice which may be submitted to them or him by any of the companies, and may adopt in revising the prescribed apportionment such basis of division or such data as to them or him shall seem just.
(h.) Any decision of the conference or of the arbitrator shall be final and conclusive upon the companies, and shall, unless any further alteration is made in the weights and rates of postage of the parcels in pursuance of regulations of the Treasury, continue in force for the period of three years and thereafter until any further complaint shall be made under this enactment.
(i.) The selection by the Postmaster-General of any route or routes for the transmission of parcels in preference to any competing route or routes shall in no case be a reason for revising the prescribed apportionment.
4. Parcels traffic for the purposes of the apportionment shall (unless and till otherwise determined by the conference, who shall have power to add to or take from the following list of excepted articles) include all such traffic as according to the practice for the time being of the London Railway Clearing Committee is included in that expression, except—
Mails, other than parcels; fish, meat, and poultry for markets; milk; carriages; cattle, horses, dogs, and other animals; corpses; and specie.

5. The conference shall have power from time to time to make and, if necessary, to revoke and alter all such rules and regulations as may be necessary for the purpose of giving full effect to this Act with respect to—
(a.) The forms to be used by the companies in dealing with parcels traffic as above defined;
(b.) The returns to be made by the companies for the purposes of this Act;
(c.) The verification of any such returns; and
(d.) Any matters of detail necessary or proper for carrying this schedule into effect;
and all such rules and regulations shall be binding on the companies.

6. The arbitrator to determine any question between the companies under the provisions of this schedule shall be appointed when such question arises by the Lord Chief Justice of England, on the application of the London Railway Clearing Committee, and the Railway Companies Arbitration Act, 1859, shall apply to any such arbitration.

[1 This Act is rep. 57 & 58 Vict. c. 60. s. 745, which substitutes a reference to that Act.]


Be it enacted by the Oireachtas as follows:
Definition
1. In this Act “Act of 1986” means the Courts (No. 3) Act 1986 .

Amendment of section 1 of Act of 1986
2. Section 1 of the Act of 1986 is amended—
(a) by the insertion of the following subsection after subsection (2):
“(2A) (a) The issue of a summons by electronic means in accordance with subsection (2) shall be deemed to have been effected where the appropriate office transmits by electronic means all of the information necessary to create the summons in an automatic manner and, accordingly, the issue of the summons shall be deemed to have occurred on the date of such transmission.

(b) The validity of a summons, the issue of which is deemed to have been effected in the manner specified in paragraph (a), shall not be affected by reason of the date of its issue falling on a date that is earlier than the date of its creation.
(c) Where the procedure for the issue of a summons specified in paragraph (a) is used and more than one document is created in an automatic manner in respect of the same alleged offence and each document so created is identical to each other document so created as to both form and content, then, each such document shall be the summons.
(d) A reference in this subsection to the creation in an automatic manner of a summons shall be construed as a reference to the creation of the summons on paper in legible form by electronic means.”,
(b) by the insertion of the following subsection after subsection (4):
“(4A) This section shall not operate to prevent—
(a) a transmission under subsection (2) (including one that effects the issue of a summons in accordance with subsection (2A)) containing information relating to different summonses, or
(b) a transmission under subsection (4) containing more than one application referred to in subsection (3).”,
(c) by the insertion of the following subsection after subsection (8):
“(8A) Where the issue of a summons is effected in accordance with subsection (2A), references in any enactment relating to the service of summonses shall—
(a) in the case of references to an original summons (whether the references employ the word ‘summons’ or the expression ‘original document’), be construed as references to a summons to which subsection (2A) applies, and
(b) in the case of references to a true copy of a summons, be construed as references to a summons to which subsection (2A) applies.”,
(d) by the substitution of the following subsection for subsection (9):
“(9) In any proceedings it shall be presumed, unless the contrary is shown, that—
(a) a document purporting to be a summons is a summons duly applied for and issued, and
(b) the date specified in the summons as being the application date is the application date.”,
and
(e) by the insertion of the following subsection after subsection (9) (inserted by paragraph (d)):
“(9A) In any proceedings it shall be presumed, unless the contrary is shown, that a summons to which subsection (2A) applies was created in an automatic manner on the basis of information transmitted as specified in paragraph (a) of that subsection.”.

Summons in respect of certain offences alleged to have been committed by member of Garda Síochána
3. (1) Notwithstanding any other enactment or rule of law, a summons may be issued under and in accordance with the Act of 1986 in respect of a fixed charge offence within the meaning of Part 3 (amended by Part 5 of the Road Traffic Act 2016 ) of the Act of 2010 in the circumstances provided for by the Act of 2010 where the fixed charge offence is alleged to have been committed by a person who is a member of the Garda Síochána.
(2) In this section “Act of 2010” means the Road Traffic Act 2010 .

Short title, collective citation, construction and commencement
4. (1) This Act may be cited as the Courts Act 2017.
(2) The Courts (Supplemental Provisions) Acts 1961 to 2015 and this Act may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2017 and shall be construed together as one.
(3) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.


[31st March, 2017]
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act “Act of 1970” means the Health Act 1970 .
Amendment of section 45 of Act of 1970
2. Section 45 (amended by section 170 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) of the Act of 1970 is amended by the insertion of the following subsection after subsection (5A):
“(5B) A person who is a child within the meaning of section 186C of the Social Welfare Consolidation Act 2005 and in respect of whom an allowance is being paid under Chapter 8A of Part 3 of that Act shall have full eligibility for the services under this Part and, notwithstanding subsection (6), references in this Part to persons with full eligibility shall be construed as including references to such persons.”.

Amendment of section 59 of Act of 1970
3. Section 59 (amended by section 30 of the Health (Pricing and Supply of Medical Goods) Act 2013 ) of the Act of 1970 is amended—
(a) by the substitution, in subsection (1A), of “subsections (1B) and (1C) and section 59A” for “subsections (1B) and (1C)”, and
(b) in subsection (1B)—
(i) by the substitution, in paragraph (a), of “Subject to paragraphs (b) and (c) and subsection (3) of section 59A” for “Subject to paragraph (b)”,
(ii) by the substitution, in paragraph (b), of “the maximum aggregate amount referred to in paragraph (a) or subsection (3) of section 59A” for “the maximum aggregate amount referred to in paragraph (a)”, and
(iii) by the insertion of the following paragraph after paragraph (b):
“(c) Where a child referred to in subsection (5B) of section 45 has full eligibility solely by reason of that subsection, the maximum aggregate amount referred to in paragraph (a) shall apply in respect of items referred to in subsection (1A) supplied in a month—
(i) to that child, or
(ii) in the case where an allowance referred to in subsection (5B) of section 45 is being paid to the same person in respect of more than one such child, to those children.”.

Prescription charges for persons who have attained age of 70 years and their dependants
4. The Act of 1970 is amended by the insertion of the following section after section 59:
“59A. (1) This section applies to persons with full eligibility who avail of the service under subsection (1) of section 59 and who fall within any of the following classes:
(a) persons who have attained the age of 70 years;
(b) dependants of the persons referred to in paragraph (a).
(2) Subject to subsection (3), the amount of charge under subsection (1A) of section 59 per item supplied to a person to whom this section applies shall be €2.00 or such other amount as may be determined by regulations made by the Minister under this section.
(3) Subject to subsection (1B)(b) of section 59, the maximum aggregate amount payable in respect of items referred to in subsection (1A) of that section supplied in a month to a person who has attained the age of 70 years and his or her dependants shall be €20.00 or such other amount as may be determined by regulations made by the Minister under this section.
(4) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations varying either or both of the amounts referred to in subsections (2) and (3), where he or she is of the opinion that such a variation is desirable, having regard to such of the following as he or she considers appropriate:
(a) information on the consumer price index made available by the Central Statistics Office from time to time;
(b) recent information on the aggregate of the amounts expended, and the number of items in respect of which those amounts were expended, by the Health Service Executive in providing the service under subsection (1) of section 59 either generally or to persons to whom this section applies;
(c) the medical needs of, and the financial burden on, persons to whom this section applies;
(d) the necessity of controlling expenditure in relation to the provision by the State of health services;
(e) either or both of the amounts for the time being referred to in subsections (1A) and (1B)(a) of section 59.”.

Short title and commencement
5. (1) This Act may be cited as the Health (Amendment) Act 2017.
(2) This Act shall come into operation on such day or days as the Minister for Health may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.


[Preamble refers to costs and expences in respect of “bills subject to the payment of fees in Parliament, commonly called private bills”]

Parliamentary agent or solicitor not to sue for costs in relation to private bill in the House of Lords until one month after delivery of his bill.          2. No parliamentary agent or solicitor, nor any executor, administrator, or assignee of any parliamentary agent or solicitor, shall commence or maintain any action or suit for the recovery of any costs, charges, or expences in respect of any proceedings in the House of Lords in any future session of Parliament relating to any petition for a private bill, or private bill, or in respect of complying with the standing orders of the said House relative thereto, or in preparing, bringing in, and carrying the same through, or opposing the same in, the House of Lords, until the expiration of one month after such parliamentary agent, or solicitor or executor, administrator, or assignee of such parliamentary agent or solicitor, has delivered unto the party to be charged therewith, or sent by post to or left for him at his counting-house, office of business, dwelling-house, or last known place of abode, a bill of such costs, charges, and expences, and which bill shall either be subscribed with the proper hand of such parliamentary agent or solicitor, or in the case of a partnership by any of the partners, either with his own name or with the name of such partnership, or of the executor, administrator, or assignee of such parliamentary agent or solicitor, or be enclosed in or accompanied by a letter subscribed in like manner referring to such bill: Provided always, that it shall not in any case be necessary, in the first instance, for such parliamentary agent or solicitor, or the executor, administrator, or assignee of such parliamentary agent or solicitor, in proving a compliance with this Act, to prove the contents of the bill delivered, sent, or left by him, but it shall be sufficient to prove that a bill of costs, charges, and expences, subscribed in manner aforesaid, or enclosed in or accompanied by such letter as aforesaid, was delivered, sent or left, in manner aforesaid, but nevertheless it shall be competent for the other party to show that the bill so delivered, sent, or left was not such a bill as constituted a bonâ fide compliance with this Act: Provided also, that it shall be lawful for any judge of the superior courts of law or equity in England or Ireland, or of the Court of Session in Scotland, to authorize a parliamentary agent or solicitor to commence an action or suit for the recovery of his costs, charges, and expences against the party chargeable therewith, although one month has not expired from the delivery of a bill as aforesaid, on proof to the satisfaction of the said judge that there is probable cause for believing that such party is about to quit that part of the United Kingdom in which such judge hath jurisdiction.

Proof of delivery of bill sufficient.
Power to judge to authorize action before expiration of one month.

Taxing officer to be appointed by the clerk of the Parliaments or clerk assistant.                                                                           3. The clerk of the Parliaments, when discharging the duties of his office in person, or in his absence the clerk assistant, shall appoint a fit person to be the taxing officer of the House of Lords; and every person so appointed shall hold his office during the pleasure of the clerk of the Parliaments or clerk assistant, and shall execute the duties of his office conformably to such directions as he may from time to time receive from the clerk of the Parliaments or clerk assistant.

Clerk of Parliaments or clerk assistant to prepare list of charges allowed.                                                                                4. The clerk of the Parliaments, when discharging the duties of his office in person, or in his absence the clerk assistant, may from time to time prepare a list of such charges as it shall appear to him, that parliamentary agents, solicitors, and others, may justly make with reference to the several matters comprised in such list; and the several charges therein specified shall be the utmost charges thenceforth to be allowed upon the taxation of any such bill of costs, charges, and expences in respect of the several matters therein specified: Provided always, that the said taxing officer may allow all fair and reasonable costs, charges, and expences in respect of any matters not included in such list.

Taxing officer, empowered to examineparties and witnesses on oath, &c.                                                                                5. For the purpose of any such taxation the said taxing officer may examine upon oath any party to such taxation, and any witnesses who may be examined in relation thereto, and may receive affidavits, sworn before him or before any master or master extraordinary of the High Court of Chancery, relative to such costs, charges, or expences; and any person who on such examination on oath or in any such affidavit shall wilfully or corruptly give false evidence shall be liable to the penalties of wilful and corrupt perjury.

Taxing officer empowered to call for books and papers.                                                                                6. The said taxing officer shall be empowered to call for the production of any books or writings in the hands of any party to such taxation relating to the matters of such taxation.

Taxing officer to take fees allowed by House of Lords, and charge them to the parties or one of them.                                                        7. It shall be lawful for the said taxing officer to demand and receive for any such taxation such fees as the House of Lords may from time to time by any order authorize and direct, and to charge the said fees, and also to award costs of such taxation, against either party to such taxation, or in such proportion against each party as he may think fit, and he shall pay and apply the fees so received by him in such manner as shall be directed by any such order as aforesaid.

On application of party chargeable, the taxing officer to tax the bill.                                                                                8. If any person upon whom any demand shall be made by any parliamentary agent, or solicitor, or executor, administrator, or assignee of such parliamentary agent or solicitor, or other person, for any costs, charges, or expences in respect of any proceedings in the House of Lords in any future session of Parliament relating to any petition for a private bill, or private bill, or in respect of complying with the standing orders of the said House relative thereto, or in preparing, bringing in, or carrying the same through, or in opposing the same in, the House of Lords, or if any parliamentary agent, or solicitor, or the executor, administrator, or assignee of such parliamentary agent or solicitor, or other person, who shall be aggrieved by the nonpayment of any costs, charges, and expences incurred or charged by him in respect of any such proceedings as aforesaid, shall make application to the said taxing officer at his office for the taxation of such costs, charges, and expences, the said taxing officer, on receiving a true copy of the bill of such costs, charges, and expences which shall have been duly delivered as aforesaid to the party charged therewith, shall in due course proceed to tax and settle the same; and upon every such taxation, if either the parliamentary agent or solicitor, or the executor, administrator, or assignee of such parliamentary agent or solicitor, or other person, by whom such demand shall be made as aforesaid, or the party charged with such bill of costs, charges, and expences, having due notice, shall refuse or neglect to attend such taxation, the said taxing officer may proceed to tax and settle such bill and demand ex parte; and if pending such taxation any action or other proceeding shall be commenced for the recovery of such bill of costs, charges, and expences, the court or judge before whom the same shall be brought, shall stay all proceedings thereon until the amount of such bill shall have been duly certified by the clerk of the Parliaments or clerk assistant as herein-after provided: Provided always, that no such application shall be entertained by the said taxing officer if made by the party charged with such bill after a verdict shall have been obtained or a writ of inquiry executed in any action for the recovery of the demand of any such parliamentary agent or solicitor, or the executor, administrator, or assignee of such parliamentary agent or solicitor, or other person, or after the expiration of six months after such bill shall have been delivered, sent or left as aforesaid: Provided also, that if any such application shall be made after the expiration of six months as aforesaid, it shall be lawful for the clerk of the Parliaments or clerk assistant aforesaid, if he shall so think fit, on receiving a report of special circumstances from the said taxing officer, to direct such bill to be taxed.

Action commenced pending taxation to be stayed till the amount due is certified.

Limitation of taxation.
Taxation after six months in special circumstances.
Report to clerk of the parliaments, and certificate of amount.                                                                                9. The said taxing officer shall report his taxation to the clerk of the Parliaments or clerk assistant as aforesaid, and in such report shall state the amount fairly chargeable in respect of such costs, charges, and expences, together with the amount of costs and fees payable in respect of such taxation as aforesaid, and shall also state in such report the amount due in respect of the said costs, charges, and expences; and within twenty-one clear days after any such report shall have been made either party may deposit in the office of the clerk of the Parliaments a memorial, addressed to the clerk of the Parliaments or clerk assistant as aforesaid, complaining of such report or any part thereof, and such clerk of the Parliaments or clerk assistant as aforesaid may, if he shall so think fit; refer the same, together with such report, to the said taxing officer, and may require a further report in relation thereto, and on receiving such further report may direct the said taxing officer, if necessary, to amend his report; and if no such memorial be deposited as aforesaid, or so soon as the matters complained of in any such memorial shall have been finally disposed of, such clerk of the Parliaments or clerk assistant as aforesaid shall, upon application made to him, deliver to the party concerned therein, and requiring the same, a certificate of the amount so ascertained, which certificate shall be binding and conclusive on the parties as to the matters comprised in such taxation, and as to the amount of such costs charges, and expences, and the amount due in respect of the same, and of the costs and fees payable in respect of such taxation, in all proceedings at law or in equity or otherwise; and in any action or other proceeding brought for the recovery of the amount so certified to be due such certificate shall have the effect of a warrant of attorney to confess judgment; and the court in which such action shall be commenced, or any judge thereof, shall, on production of such certificate, order judgment to be entered up for the sum specified in such certificate, in like manner as if the defendant in any such action had signed a warrant to confess judgment in such action to that amount: Provided always, that if such defendant shall have pleaded that he is not liable to the payment of such costs, charges, and expences, such certificate shall be conclusive only as to the amount thereof which shall be payable by such defendant in case the plaintiff shall in such action recover the same.

Provision where any bill of costs taxable under this Act or 10 & 11 Vict. c.69. comprises cost not taxable under the Act whereby such bill is made taxable.  10. If any bill of costs taxable by virtue of this Act, or of the House of Commons Costs Taxation Act, 1847, shall comprise any costs, charges, and expences incurred in respect of a private bill, but not taxable by virtue of the Act in pursuance whereof such bill shall come to be taxed, it shall be lawful for the taxing officer of the House of Lords, or for the taxing officer of the House of Commons, as the case may be, either to tax and settle such last-mentioned costs, charges, and expences, or to request the taxing officer of the other House of Parliament, or the proper officer of any other court having such an officer, to assist him in taxing and settling any part of such bill; and such officer so requested shall thereupon proceed to tax and settle the same, and shall return the same, with his opinion thereupon, to the officer who shall have so requested him to tax and settle the same; and in taxing such costs, charges, and expences the taxing officer of the House of Lords and the taxing officer of the House of Commons respectively shall have the same powers, and may receive the same fees in respect of such taxation, as if such costs, charges, and expences were taxable by virtue of this Act, or of the House of Commons Costs Taxation Act, 1847, as the case may be; and the proper officer of any court so requested to tax the same shall have the same powers, and may receive the same fees, as upon a reference from the court of which he is such officer.

Such costs to have effect as if taxable under the Act under which certificate is issued.                                                                     11. The taxing officer of the House of Lords, or the taxing officer of the House of Commons, as the case may be, may include the amount of such last-mentioned costs, charges, and expences in the report of his taxation of any such bill of costs; and in case the clerk of the Parliaments or clerk assistant, or the Speaker of the House of Commons, as the case may Be, shall deliver a certificate of the amount so ascertained and declared in such report, including such last-mentioned costs, charges, and expences, such certificate shall have the same force and effect as if the whole of such bill of costs were taxable by virtue of the Act in pursuance whereof such certificate shall be so delivered.

Officers of other courts may request the taxing officer of either House to tax costs in relation to private bills included in other bills of costs.          12. In case the taxing officer of the House of Lords, or the taxing officer of the House of Commons, shall be requested by the proper officer of any other court to assist him in taxing and settling any costs, charges, and expences incurred in respect of a private bill, being part of any bill of costs which shall have been referred to him by the court of which he is such officer, such taxing officer so requested shall thereupon proceed to tax and settle the some, and shall return the same, with his opinion thereupon, to the officer who shall have so requested him to tax and settle the same, and shall have the same powers, and may receive the same fees, in respect of such taxation, as if application had been made to him for the taxation thereof in pursuance of this Act, or of the House of Commons Costs Taxation Act, 1847, as the case may be.

10 & 11 Vict. c 69.
Account between the parties of all sums paid or received in respect of any bill of costs.                                                                    13. It shall be lawful for the taxing officer of the House of Lords, and for the taxing officer of the House of Commons, to take an account between the parties to any taxation under this Act, or the House of Commons Costs Taxation Act, 1847, of all sums of money paid or received in respect of any bill of costs which is the subject of such taxation, or any matters contained therein, and to report the amount of all such sums of money, and the amount due in respect of such bills of costs.

Interpretation.                                                                                14. In the construction of this Act the word “month” shall be taken to mean a calendar month; and every word importing the singular number only shall extend and be applied to several persons, matters, or things, as well as one person, matter, or thing; and every word importing the plural number shall extend and be applied to one person, matter, or thing, as well as several persons, matters, or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male; and the word “person” shall extend to any body politic, corporate, or collegiate, municipal, civil, or ecclesiastical, aggregate or sole, as well as an individual; and the word “oath” shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other person allowed by law to make a declaration instead of taking an oath; unless in any of the cases aforesaid it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.

Short title.                                                                                15. In citing this Act in other Acts of Parliament, and in legal and other instruments, it shall be sufficient to use the expression “The House of Lords Costs Taxation Act, 1849.”

[S. 16 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
[1 Short title, “The House of Lords Costs Taxation Act, 1849.” See s.15]


[9th December, 2017]
Be it enacted by the Oireachtas as follows:
Definitions
1. In this Act—
“Act of 2012” means the Health and Social Care Professionals (Amendment) Act 2012 ;
“Act of 2014” means the Health (Miscellaneous Provisions) Act 2014 ;
“Principal Act” means the Health and Social Care Professionals Act 2005 .

Amendment of section 9 of Principal Act
2. Section 9 of the Principal Act is amended—
(a) in subsection (7) (amended by section 3(b) of the Act of 2012)—
(i) in paragraph (a), by the substitution of “being designated in section 4(1) or by regulation under section 4(2)” for “being designated by regulation”, and
(ii) in paragraph (b), by the insertion of “to fill a casual vacancy or” after “to the Council”,
and
(b) by the insertion of the following subsection after subsection (8) (inserted by section 7 of the Act of 2014):
“(9) In this section, ‘casual vacancy’ has the same meaning as it has in Schedule 1.”.

Amendment of section 28 of Principal Act
3. Section 28 (amended by section 15 of the Act of 2014) of the Principal Act is amended—
(a) in subsection (1), by the deletion of “, subsection (8)”,
(b) in subsection (4), by the insertion of “and until the end of the transitional period, within the meaning of section 90, in relation to the profession concerned” after “first constituted”, and
(c) by the deletion of subsection (8).
Amendment of section 28A of Principal Act
4. Section 28A (inserted by section 16 of the Act of 2014) of the Principal Act is amended—
(a) in subsection (1), by the substitution of “(7) and (10)(a)” for “(7), (10)(a) and (11)”,
(b) in subsection (4), by the insertion of “and until the end of the transitional period (if any) within the meaning of section 90, in relation to each of the professions concerned” after “first constituted”,
(c) in subsection (5), by the insertion of “and until the end of the transitional period within the meaning of section 90, in relation to the profession concerned” after “for that profession”, and
(d) by the deletion of subsection (11).
Amendment of section 31 of Principal Act
5. Section 31 of the Principal Act is amended—
(a) in subsection (1), by the substitution of the following paragraph for paragraph (fa) (inserted by section 6(b) of the Act of 2012):
“(fa) criteria or conditions, including criteria or conditions as to further education, training or experience, for persons who wish to—
(i) commence the practice of that profession where the person concerned—
(I) holds an approved qualification (within the meaning of section 38), or
(II) was awarded a Bachelor of Science in Applied Health Science and a Diploma in Physical Therapy by the Institute of Physical Therapy and Applied Science Dublin after 1 January 2013,
and he or she has not practised the profession, for a period specified in the bye-laws, since obtaining the approved qualification or Bachelor of Science and Diploma concerned, or
(ii) resume the practice of that profession after not having practised the profession for a period specified in the bye-laws,
including criteria or conditions relating to—
(I) the education and training of those persons,
(II) the manner of verifying that those persons possess the relevant competencies, or
(III) any other matter where, in the opinion of the registration board concerned, the specification in bye-laws of criteria or conditions relating to that matter is necessary or desirable for the protection of the public;”,
and
(b) by the substitution of the following subsection for subsection (2):
“(2) A code of professional conduct and ethics adopted by the registration board of a designated profession must specify—
(a) the standards of conduct, performance and ethics expected of registrants of that profession, and
(b) that registrants of that profession act within the limits of their knowledge, skills, competence and experience.”.

Amendment of section 38 of Principal Act
6. Section 38 of the Principal Act is amended—
(a) in subsection (1), by the substitution of the following paragraph for paragraph (ca) (inserted by section 7(a) of the Act of 2012):
“(ca) where the board has made a bye-law under subparagraph (i) or (ii) of section 31(1)(fa) in respect of persons who hold an approved qualification (within the meaning of section 38), and a person to whom the bye-law applies satisfies the board that he or she has met the criteria and fulfilled the conditions specified in that bye-law,”,
and
(b) by the insertion of the following subsection after subsection (2E) (inserted by section 22(e) of the Act of 2014):
“(2F) The Physiotherapists Registration Board shall grant registration to a person who—
(a) applies on or after the date on which section 6(b) of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation and not later than 31 December 2019, to the Physiotherapists Registration Board for registration,
(b) meets the requirements of paragraphs (a), (c), (d) and (e) of subsection (1),
(c) where the Physiotherapists Registration Board has made a bye-law under section 31(1)(fa)(i) in respect of persons who were awarded a Bachelor of Science in Applied Health Science and a Diploma in Physical Therapy by the Institute of Physical Therapy and Applied Science Dublin after 1 January 2013 and a person to whom the bye-law applies satisfies that board that he or she has met the criteria and fulfilled the conditions specified in that bye-law, and
(d) was awarded a Bachelor of Science in Applied Health Science and a Diploma in Physical Therapy by the Institute of Physical Therapy and Applied Science Dublin after 1 January 2013.”.

Amendment of section 91 of Principal Act
7. Section 91 of the Principal Act is amended—
(a) by the insertion of the following subsections after subsection (4):
“(4A) The Physiotherapists Registration Board (in this subsection and subsection (4B) referred to as “the Board”) shall grant registration to a person who—
(a) applies on or after the date on which section 7 of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation, and not later than one year after that date, to the Board for registration,
(b) meets the requirements of paragraphs (b), (d) and (e) of subsection (1),
(c) demonstrates to the satisfaction of the Board engagement in the State in the assessment, treatment and management of musculoskeletal disorders, under the title of physiotherapist or physical therapist, for a period (or periods which, when taken together, amount to such period) of 2 years during the 5 year period ending on the date on which section 7 of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation, and
(d) either—
(i) holds—
(I) a Diploma in Physical Therapy awarded after 1991 and before 2010 by the Institute of Physical Therapy and Applied Science Dublin, or a Diploma in Physical Therapy and Bachelor of Science in Applied Health Science awarded after 2009 by the Institute of Physical Therapy and Applied Science Dublin, or
(II) a professional qualification that, in the opinion of the Board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification in clause (I),
or
(ii) successfully completes an assessment of professional competence set by the Board in accordance with any guidelines issued by the Council that attests to the standard of proficiency in the assessment, treatment and management of musculoskeletal disorders required for registration in the profession.

(4B) The function of the Board under subsection (4A) is in addition to, and not in substitution for, its function under subsection (1) in relation to applicants for registration.”,
and
(b) in subsection (6), by the insertion of “or during the period referred to in subsection (4A)(a)” after “during the transitional period under this section.”.

Amendment of section 91A of Principal Act
8. Section 91A (inserted by section 16 of the Act of 2012) of the Principal Act is amended in paragraph (b), by the insertion of “or, where appropriate, after the end of the period specified in subsection (4A)(a) of that section” after “transitional period concerned”.

Short title and commencement
9. (1) This Act may be cited as the Health and Social Care Professionals (Amendment) Act 2017.
(2) This Act shall come into operation on such day or days as the Minister for Health may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.


Preamble.                                                                                WHEREAS it would tend greatly to secure the freedom of election, and the quiet, tranquillity and good order of cities, boroughs, and towns-corporate if a certain reasonable limitation of time, were by law established beyond which no member or officer of any city, borough, or town-corporate, should be disturbed in the enjoyment or exercise of his office or franchise: be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in parliament assembled, That after the first day of Easter term, in the year one thousand seven hundred and ninety-eight, it shall and may be lawful for the defendant or defendants to any information, in the nature of a quo warranto, for the exercise of any office or franchise, in any city, borough, or town-corporate, whether exhibited with leave of the court, or by his Majesty's attorney-general, or other officer of the crown, on behalf of his Majesty, by virtue of any royal prerogative, or otherwise, and every of them severally and respectively to plead that he or they had first actually taken upon themselves, or held, or executed the office or franchise, which is the subject of such information six years or more before the exhibiting of such information, such six years to be reckoned and computed from the day on which such defendant or defendants so pleading, shall have been actually admitted and sworn into such office or franchise; which plea shall or may be pleaded either singly, or together with and besides such plea as he or they might have lawfully pleaded before the passing of this act, or such several pleas as the court on motion shall allow; and if upon the trial of such information, the issue joined upon such plea shall be found for the defendant or defendants, or any of them, he or they shall be entitled to judgment, and to such and the like costs, as he or they would by law have been entitled to, if a verdict and judgment had been given for him or them upon the merits of his or their title.

from the 1st day of Easter term, 1798, defendants to informations, in the nature of quo warranto, may plead having undertaken or executed office or franchise 6 years before; to be computed from time of admission or swearing;
such plea may be singly pleaded, or otherwise;
if issue be found for defendant, be shall have judgment and costs.

Prosecutor may reply to such pleas.                                                                                II. Provided always, and be it enacted, That in every such case, the prosecutor of such information may reply to such plea any forfeiture, surrender, or avoidance, by the defendant of such office or franchise, happening within six years before the exhibition of such information, whereon the defendant may take issue, and shall be entitled to costs in manner aforesaid.

In what case titles of persons against whom informations are exhibited shall not be affected by reason of defects in titles of persons electing, &c.                                                                              III. And be it further enacted by the authority aforesaid, That if any person or persons against whom any such information as aforesaid, shall be exhibited, shall derive title under an election, nomination, swearing into office, or admission by any person or persons, the title of such person or persons against whom such information shall be exhibited, shall not be defeated or affected by reason, or on account of any defect in the title of such person or persons so electing, nominating, swearing into office, or admitting, in case such person or persons under whom title shall be derived as aforesaid, shall have been in exercise de facto, of the franchise or office, (in virtue of which he or they so elected, nominated, swore in, or admitted) for the space of six years at the least previous to the time of filing such information, and his or their title shall not have been questioned by any legal proceeding, carried on with effect.