[Preamble.]
Exclusive privileges and rights as to exercising trades in cities, towns, or boroughs in Ireland to cease.  [1] It shall be lawful for any person or persons to deal in any merchandize, and to carry on, use, and exercise any lawful trade, occupation, mystery, or handicraft, and to take apprentices to learn the same, in any city, town, or borough, and elsewhere, in Ireland, without being a member of any guild, craft, incorporation, or fraternity, and free from any control, regulation, restraint, or interference of any guild, craft, incorporation, or fraternity whatsoever; any royal charter, grant, or letters patent, or any prescription, custom, or bye law, to the contrary notwithstanding.

[ Ss. 2—4 rep. 38 & 39 Vict. c. 66. (S.L.R)]
Nothing in this Act to repeal or alter                                                                      5. Provided always, that nothing in this Act contained shall repeal or alter any thing contained in an Act passed in the Parliament of Ireland in the session held in the twenty-third and twenth-fourth years of the reign of his late Majesty King George the Third, intituled “An Act to regulate the assay of gold, and promote the manufacture of gold and silver wares in this kingdom”, or an Act passed in the forty-seventh year of the reign of his said late Majesty King George the Third, intituled “An Act to provide for the regulating and securing the collection of the duty on gold and silver plate wrought or manufactured in Ireland,” or so much of the said recited Acts as in now in force.

23 & 24 Geo. 3. (I.) c. 23, or
47 Geo. 3. sess. 2. c. 15;
or effect 3 & 4 Vict. c. 108;                                                                               or 31 Geo. 3 (I.) c. 34.

6. Provided always, that nothing herein contained shall in any manner alter or affect the provisions of the Municipal Corporation (Ireland) Act, 1840, or the construction thereof, but the same shall be construed and applied as if this Act had not passed: Provided also, that nothing herein contained shall in any manner alter or affect any thing contained in an Act passed in the thirty-first year of the reign of his late Majesty King George the Third, intituled “An Act for the more effectually preserving the health of his Majesty’s subjects, for erecting an apothecaries hall in the city of Dublin, and regulating the profession of an apothecary throughout the kingdom of Ireland,” or the rights, privileges, or immunities of the governor and company of the Apothecaries Hall of Dublin.

[ Ss. 7, 8 rep. 38 & 39 Vict. c. 66. (S.L.R)]


28 H. 8. 22. recited.
The end thereof not answered, as no penalty on persons repairing wears, &c. broken.

Persons repairing wears, &c. removed as by said act,
penalty 1st offence, 50l.
100l. afterwards.
to the King and prosecutor.
WHEREAS by a statute, made in this kingdom in the twenty eighth year of the reign of King Henry the eighth, it is among other things enacted, “That it shall and may be lawful and justifiable for any person or “persons in the counties of Kildare, Catherlough, Wexford, Kilkenny, Waterford, and Tipperary, in company with any sheriff or seneschal of any county aforenamed to prostrate and break, and cause to be prostrated and “broken, from time to time all wears, purprestures, engines, streights, or “other like obstacles erected or to be erected in any of the rivers or waters “of Shure, Nore, Barrow, and Rye, and also to leave a convenient gap or place for boats and other vessels to pass and repass in, of, upon, and through “every mill-pond made or to be made in any of the said rivers or waters;” which statute does not effectually answer the good ends and purposes intended thereby, because there is no penalty on persons, who shall repair the said wears, purprestures, engines, streights, or other like obstacles, after they are so broken down: for remedy whereof be it enacted by the Kings most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of March in the year of our Lord one thousand seven hundred and thirty one if any person or persons shall repair, or cause to be repaired, any wear, purpresture, engine, streight, or other like obstacle, which shall be broken down or removed by authority of the said recited statute, every person or persons so offending shall for the first offence forfeit the sum of fifty pounds, and for the second and every other offence respectively the sum of one hundred pounds; to be recovered in any of the King's courts by action of debt, bill, plaint, information, or otherwise, wherein no essoin, protection, or wager of law, and no more than one imparlance, shall be admitted or allowed; the one moiety to the use of the King, his heirs and successors, and the other moiety thereof to the party that will sue for the same. [Rep., in general terms, 14 & 15 Vic. c. 90. s. 13.]


[Preamble recites 2 & 3 Vict. c. 56; 7 Geo. 4. c. 74.]
[S. 1 (authorising the board of superintendence of any prisons in Ireland with the approval of the lord lieutenant and privy council to make rules for the separation of prisoners), rep. 19 & 20 Vict. c. 68. s. 4. S. 2. rep. 51 & 52 Vict. c. 57. (S.L.R.)]

Prisoners may be separately confined.                        3. . . . . in order to prevent contamination arising from the association of prisoners, in any prison in which rules for the individual separation of prisoners shall be in force, any prisoner may be separately confined during the whole or any part of the period of his or her imprisonment, under the restrictions herein-after provided.

Separate confinement not to be deemed solitary confinement.  4. Separate confinement under the provisions of this Act shall not be deemed solitary confinement within the meaning of any Act forbidding the continuance of solitary confinement for more than a limited time: Provided always, that no cell shall be used for the separate confinement of any prisoner which is not of such a size, and lighted, warmed, ventilated, and fitted up in such manner, as may be required by a due regard to health, and furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison; and that no cell shall be used for such separate confinement until its fitness in these several particulars shall have been certified by one of the inspectors general of prisons to the said lord lieutenant; and that every prisoner so separately confined shall have the means of taking air and exercise at such times as shall be deemed necessary by the surgeon, and shall be furnished with the means of moral and religious instruction, and with suitable books, and also with labour or employment, unless it shall be deemed advisable by the said lord lieutenant and council to make a regulation for withholding for a period or periods, not exceeding one calendar month at one time, such labour or employment: Provided also, that if it shall at any time be made to appear to the said lord lieutenant and council, that the conditions upon which such rules for the separate confinement of prisoners were allowed have not been fulfilled, or that upon further inquiry it shall appear that the provisions required are insufficient, it shall be lawful for the said lord lieutenant and council to annul the rules so made and allowed as aforesaid, and thenceforward the rules so annulled shall cease to be of force in that prison, and thereafter it shall not be lawful to continue any prisoner in separate confinement in that prison until new provisions shall have been made and allowed as aforesaid for the separate confinement of prisoners therein: Provided also, that in case the prison shall be inadequate for the individual separation of all the prisoners who may be confined therein at one time, the rules of the prison shall specify the class or description of prisoners who shall be confined in the separate cells, having regard either to the nature of the crime with which the prisoner may be charged, or of which he or she may have been convicted, or to the sex or age of the prisoner, or to the term of imprisonment, or to such other circumstances as the board of superintendence shall think fit, and as the said lord lieutenant and council shall approve.

Regulations respecting separate confinement.
[S. 5 rep. 36 & 37 Vict. c. 51. s. 3. S. 6 rep. 37 & 38 Vict. c. 96. (S.L.R.)]


[Preamble.]
Short title.                                                   1. This Act may be cited as the Children’s Dangerous Performances Act, 1879.

[S. 2 rep. 57 & 58 Vict. c. 56 (S.L.R.)]
Penalty for employment of any child in dangerous performances  3. Any person who shall cause any child under the age of fourteen years to take part in any public exhibition or performance whereby, in the opinion of a court of summary jurisdiction, the life or limbs of such child shall be endangered, and the parent or guardian, or any person having the custody, of such child, who shall aid or abet the same, shall severally be guilty of an offence against this Act, and shall on summary conviction be liable for each offence to a penalty not exceeding ten pounds.

Compensation for accident to any child.
And where in the course of a public exhibition or performance, which in its nature is dangerous to the life or limb of a child under such age as aforesaid taking part therein, any accident causing actual bodily harm occurs to any such child, the employer of such child shall be liable to be indicted as having committed an assault; and the court before whom such employer is convicted on indictment shall have the power of awarding compensation not exceeding twenty pounds, to be paid by such employer to the child, or to some person named by the court on behalf of the child, for the bodily harm so occasioned; provided that no person shall be punished twice for the same offence.

Evidence of age.                                               4. Whenever any person is charged with an offence against this Act in respect of a child who in the opinion of the court trying the case is apparently of the age alleged by the informant, it shall lie on the person charged to prove that the child is not of that age.

Recovery of penalties.                                         5. Every offence against this Act in respect of which the person committing it is liable as above mentioned to a penalty not exceeding ten pounds shall be prosecuted and the penalty recovered with costs in a summary manner, as follows:
11 & 12 Vict. c. 43.
27 & 28 Vict. c. 53.
14 & 15 Vict. c. 93.
In England, in accordance with the provisions of the Summary Jurisdiction Act, 1848, and of any Act or Acts amending the same; and the court of summary jurisdiction when hearing and determining an information in respect of any offence under this Act shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for the holding of petty sessions, or some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice for the time being empowered by law to do alone any Act authorised to be done by more than one justice of the peace;
In Scotland, in accordance with the provisions of the Summary Procedure Act, 1864, and of any Act or Acts amending the same; and
In Ireland, within the police district of Dublin metropolis in accordance with the provisions of the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district, and elsewhere in Ireland in accordance with the provisions of the Petty Sessions (Ireland) Act, 1851, and any Act amending or affecting the same.


*********
On rescue, a justice shall on oath in 14 days after order constables to assist to distraint again, and take persons to convey to pound.                                                                               VIII. And whereas distresses lawfully taken are frequently rescued, be it further enacted by the authority aforesaid, That if any distress, lawfully taken for rent, or services, or other legal dues, shall be rescued, if the person, on whose behalf such distress was taken, his agent or bailiff, or any person employed in taking such distress, shall within fourteen days after such rescue make oath thereof before any of his Majesty's justices of the peace of the county, where such rescue shall have been committed, which oath such justice is hereby authorized and required to administer, then such justice of the peace shall by warrant under his hand and seal order and require one or more constable or constables of the said county to go with and assist the person, on whose behalf such distress was taken, or his agent or bailiff, or the person employed by him as aforesaid, or the person making such oath, to distrain again for the said rent, services, or other legal dues, and to take with him a number of persons, sufficient to secure and convey the distress, so by him or them to be taken, to some lawful pound.

7. W. 3. 22.
4 G. 1. 5.
15 G. 2. 8.
Constables, &c. to have reasonable satisfaction out of money first deposited with said justice,                                                                                IX. Provided always, That before any justice of the peace shall grant such warrant as aforesaid, there shall be deposited in the hand of such justice of the peace such reasonable sum of money, as such justice of the peace shall require, to satisfie such constable or constables, and his and their assistants, for their pains and trouble in executing such warrant; out of which money so deposited reasonable satisfaction shall be made by such justice of the peace after the service performed to such constable or constables and his and their assistants, returning the overplus; which money so paid shall in the first place be deducted out of the money arising by the sale of such distress, in case the same shall be sold, or otherwise shall be levyed or recovered by distress and sale of the goods, as in case of a distress for rent, or by civil bill, against the person owing the rent, service, or other duty, for which such distress was taken, with costs of suit.

deducted out of, goods sold, or recovered as rent, or by civil bill.

On oath of danger of rescue of corn and hay distrained, justice may appoint watches, and wages for each, not above 1s. nor less than 6d. for a day; nor less than 1s. nor more than 1s. and 6d. for a day and night.  X. And be it further enacted by the authority aforesaid, That, if it shall appear upon oath to any justice of the peace of the county or place, where any corn or hay shall be lawfully distrained, that the same is in great danger of being rescued or unlawfully taken away, then such justice of the peace shall by warrant as aforesaid order and impower any constable of the same county to appoint a sufficient number of fit persons to watch, keep, and secure such corn or hay, until such time as the same might lawfully be sold, or shall be otherwise delivered by due course of law; and each person so appointed shall be paid such wages, as such justice of the peace shall direct, not exceeding one shilling, nor less than sixpence, for one day's attendance; nor less than one shilling, nor more than one shilling and six pence, for a day and a night's attendance, to any one person: provided, that the person, at whose instance such warrant shall be granted, shall before the granting of the same deposite such reasonable sum of money in the hand of the said justice of the peace as such justice shall judge to be sufficient for such payment; which payment such justice shall cause to be made, according to the proportions above mentioned, after the service performed, returning the overplus; and one moiety of the sum, which shall be at the charge of the party, on whose behalf such warrant was granted; and as to the other moiety thereof, satisfaction shall be made to the party, who made the deposite, out of the money arising by the sale of such distress in the first place, in case the same shall be sold, or otherwise shall be levyed or recovered by distress and sale, as in cases of distress for rent, or by civil bill, against the person owing the rent, service, or other duty, for which such distress was taken, with costs of suit.

Money first deposited, and paid after the service.
One moiety at his charge for whom warrant granted: satisfaction for the other as aforesaid.


[Preamble.]
Excluded days and hours in cases of execution of writs.                                           [1.] No writ of habere facias possessionem, decree, order, or other process, for the delivering up or taking possession of land in Ireland, shall be executed on any Christmas Day or Good Friday, nor on any day within the time after the commencement of two hours next before sunset, and before sunrise, or six o’clock in the morning, whichever shall be latest.

Notice of eviction to be given to relieving officer.                                              2. Not less than forty-eight hours before any such writ, decree, order, or process as aforesaid, for delivering up or taking possession of land on which there shall be any inhabited dwelling house, or building used as a dwelling house, shall be executed in any county in Ireland, the landowner or other person by whom or on whose behalf such writ, decree, order, or other process as aforesaid shall have been sued out, or his agent, shall give notice in writing to the relieving officer of the electoral division in which such land shall be situate, and such notice shall set forth the parish or barony, electoral division, and townland, in which the land of which possession is so to be delivered up or taken is situate.

Service of notice.                                                                                3. Every notice to be given to any relieving officer under this Act shall be given by delivering the same to such relieving officer, or by leaving the same, directed to such relieving officer, at his dwelling house or office, or by letter sent by the post, directed to the relieving officer at such dwelling house or office; and in case the same shall be so sent by the post, such notice shall be delivered directed, open and in duplicate, to the postmaster of any post office, and the postmaster shall compare the notice and the duplicate, and on being satisfied that they are alike shall forward one of them to its address by the post, and shall return the other to the party bringing the same, stamped with the stamp of the said post office; and such postmaster shall be entitled to have and receive from the person delivering such letter the rate of postage payable for the same, and the sum of sixpence and no more; and such stamped duplicate shall be evidence of the notice having been given on the day on which such notice would in the ordinary course of post have been delivered at such dwelling house or office of the relieving officer.

Temporary relief to persons dispossessed.                                                         4. It shall be lawful for persons who shall become destitute by reason of their being dispossessed or removed of or from any dwelling house, or other building used as a dwelling house, by or under such writ, decree, order, or other process as aforesaid, to apply for relief to the relieving officer of the electoral division in which the said land or house shall be situate; and such relieving officer shall, on the receipt of such application, take order for providing shelter for any such applicants, being destitute persons, by an order of admission into the workhouse of the union, if there be room therein, by conveying any such destitute poor person thereto, if necessary, or by affording such destitute poor persons temporary relief in food, lodging, medicine, or medical attendance, until the next ordinary meeting of the board of guardians, at which meeting he shall report the case, and the nature and cost of the relief so afforded, in such form and manner as the Poor Law Commissioners shall prescribe, and after such report shall give no further relief, otherwise than by direction of the board of guardians, in the case so reported; and the guardians shall furnish the relieving officer with funds for affording such relief, in the same manner and subject to the same rules and conditions as are or may be provided for all other relief granted by the relieving officer under and by virtue of the Poor Relief (Ireland) Act, 1847; and it shall be lawful for such guardians, if they shall think fit, to provide every such destitute poor person with relief to the same extent as destitute poor persons permanently disabled from labour, by reason of old age, infirmity, or bodily or mental defect, are by law entitled to relief in Ireland: Provided always, that it shall not be lawful for the guardians to relieve such destitute poor persons after the period of one calendar month from the date of such temporary relief as aforesaid being afforded, except in the manner by which such poor persons could be relieved under the Acts now in force for the relief of the destitute poor in Ireland.

10 & 11 Vict. c. 31. s. 8.
Notice of eviction to be given to occupier of a dwelling.                                         5. In case there shall be upon any land of which possession is to be delivered up or taken under such writ, decree, order, or process as aforesaid, any inhabited dwelling house, or building used as a dwelling house, the occupier of which shall not have received notice as a tenant for the determination of his tenancy, or shall not have been served with notice of the action, civil bill, or other proceeding, in which such writ, decree, order or process shall have been sued out, such occupier of every such inhabited dwelling house or building as aforesaid shall be served with notice in writing of the intention to execute such writ, decree, order, or process, not less than seven days before the same shall be executed, and such notice may be served by delivering the same to such occupier, or by leaving such notice at such dwelling house or other building, or affixing the same to some conspicuous part of such dwelling house or other building: Provided always, that it shall not be necessary to name in such notice as aforesaid the occupier to or for whom such notice shall be delivered, left, or affixed, or to serve any such notice on any occupier who shall have become such occupier less than twenty-one days before the execution of such writ, decree, order, or other process.

Penalty on landlord, &c. neglecting to serve notice on relieving officer.                         6. In case the landlord or other person by whom or on whose behalf such writ, decree, order, or other process shall have heen sued out shall neglect or omit to serve the notice required by this Act to be served on the relieving officer, he shall forfeit and pay the sum of twenty pounds to the guardians of the union in which the land shall be situate; and such sum maybe recovered by civil bill or otherwise, and shall be applied in aid of the rates of the electoral division in which such land shall be situate, and, in case such landlord or other person shall be resident out of Ireland, may be recovered from him by action at law; and the service of process in such action on the attorney or agent by whom such writ, decree, order, or other process may have been sued out shall be good service on such landlord or other person as aforesaid.

The unroofing, &c. of dwellings, for the purpose of expelling the occupier, to be a misdemeanor.  7. Whosever, with intent to dispossess any person actually dwelling in a house or other building used as a dwelling-house (whether such person shall be so dwelling under a continuing tenancy or holding over after the expiration thereof, or otherwise), shall, except so far as may be necessary to enable the sheriff or his officer to effect an entrance thereto, pull down demolish, or unroof, in whole or in part, or cause to be pulled down, demolished, or unroofed, in whole or in part, such dwelling house or building used as a dwelling house, whilst such person or any of his family shall be actually within the same, shall be guilty of a misdemeanor.

Provisions of this Act to apply to estates and possessions of the crown in Ireland, &c.           8. All the provisions in this Act contained shall apply and shall be construed to apply to all the estates and possessions of the crown in Ireland, and to all proceedings taken on behalf of her Majesty, under the authority of the Treasury, or the Commissioners of Woods, or the Clerk of the Quit Rents, for recovering the possession of any part of such crown estates, whether by writ of intrusion, ejectment, or otherwise, in as full and ample a manner and subject to all the enactments herein contained and made applicable in respect to all private parties recovering the possession or proceeding to recover the possession of other lands not being the property of the crown.

Interpretation.                                                                                9. In the construction of this Act, where the subject or construction shall not be repugnant, words importing the singular number shall extend to and include the plural, and words importing the masculine gender shall include females as well as males.

[S. 10 rep. 38 & 39 Vict. c. 66. (S.L.R.)]


[5th June, 2018]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title, collective citation and commencement
1. (1) This Act may be cited as the Radiological Protection (Amendment) Act 2018.
(2) This Act (other than Part 3, in so far as it relates to the Containment of Nuclear Weapons Act 2003 , and Part 4) and the Radiological Protection Acts 1991 to 2014 may be cited together as the Radiological Protection Acts 1991 to 2018.
(3) This Act shall come into operation on such day or days as the Minister 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.

Definitions
2. In this Act—
“enactment” means—
(a) an Act of the Oireachtas,
(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution, or
(c) any instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);
“Minister” means the Minister for Communications, Climate Action and Environment;
“Principal Act” means the Radiological Protection Act 1991 ;
“vesting day” means—
(a) in Part 3, the day appointed as the vesting day for the purposes of that Part by the Minister under section 23 , and
(b) in Part 4, the day appointed as the vesting day for the purposes of that Part by the Minister under section 31 .

PART 2
Amendment of Principal Act
Amendment of section 2 of Principal Act
3. Section 2 of the Principal Act is amended—
(a) by the substitution of the following definition for the definition of “activity”:
“ ‘activity’ (A), other than in relation to a human activity and a relevant activity, is the activity of an amount of radionuclide in a particular energy state at a given time. It is the quotient of dN by dt, where dN is the expectation value of the number of nuclear transitions from that energy state in the time interval dt:
A=dN/dt
The unit of activity is the bequerel (Bq);”,
(b) in the definition of “medical or dental application”, by the substitution of “radiation sources” for “radioactive substances, nuclear devices or irradiating apparatus”,
(c) by the substitution of the following definition for the definition of “radioactive substance”:
“ ‘radioactive substance’ means any substance that contains one or more radionuclides the activity or activity concentration of which cannot be disregarded from a radiation protection point of view;”,
(d) in the definition of “radiological hazards”, by the substitution of “and radiation sources” for “, radioactive substances, nuclear devices and irradiating apparatus”, and
(e) by the insertion of the following definitions:
“ ‘accelerator’ means equipment or installation in which particles are accelerated, emitting ionising radiation with energy higher than 1 mega-electron volt (MeV);
‘Agency’ means the Environmental Protection Agency;
‘apprentice’ means a person receiving training or instruction within an undertaking with a view to the person concerned exercising a specific skill;
‘authorisation’ means registration or a licence;
‘carers and comforters’ means individuals knowingly and willingly incurring an exposure to ionising radiation by helping, other than as part of their occupation, in the support and comfort of individuals undergoing or having undergone medical exposure;
‘European act’ has the meaning given to it by section 8 (3) of the European Union Act 2009 ;
‘exposure’ means the act of exposing or condition of being exposed to ionising radiation emitted outside the body (external exposure) or within the body (internal exposure);
‘licence’ means a licence granted by the Agency pursuant to regulations made under section 30 to permit a person to carry out, subject to the conditions (if any) specified in the licence, the relevant activity in respect of which the licence is granted;
‘licensee’ means a person to whom a licence is for the time being granted;
‘medical exposure’ means exposure incurred by patients or asymptomatic individuals as part of their own medical or dental diagnosis or treatment and intended to benefit their health as well as exposure incurred by carers and comforters and by volunteers;
‘members of the public’ means individuals who may be subject to public exposure;
‘non-medical imaging exposure’ means any deliberate exposure of humans for imaging purposes where the primary intention of the exposure is not to bring a health benefit to the individual being exposed;
‘normal exposure’ means exposure expected to occur under the normal operating conditions of a facility or human activity (including maintenance, inspection, decommissioning) including minor incidents that can be kept under control, that is to say, during normal operation and anticipated occupational occurrences;
‘occupational exposure’ means exposure of workers, apprentices and students incurred in the course of their work;
‘planned exposure situation’ means an exposure situation that arises from the planned operation of a radiation source or from a human activity which alters exposure pathways so as to cause the exposure or potential exposure of people or the environment and may include both normal exposures and potential exposures;
‘potential exposure’ means exposure that is not expected with certainty but may result from an event or sequence of events of a probabilistic nature, including equipment failures and operating errors;
‘practice’ means a relevant activity that is managed as a planned exposure situation;
‘public exposure’ means exposure of individuals excluding occupational or medical exposure;
‘radiation generator’ means a device capable of generating ionising radiation such as x-rays, neutrons, electrons or other charged particles including irradiating apparatus and nuclear generators;
‘radiation source’ means an entity that may cause exposure such as by emitting ionising radiation or by releasing radioactive material and encompasses a radiation generator, radioactive material, radioactive source and radioactive substance;
‘radioactive material’ means material incorporating radioactive substances;
‘radioactive source’ means a radiation source incorporating radioactive material for the purpose of utilising its radioactivity;
‘registered person’ means a person to whom a registration is for the time being granted;
‘registration’ means registration of a relevant activity granted by the Agency pursuant to regulations made under section 30 to permit a person to carry out, subject to the conditions (if any) attached to the registration, the relevant activity;
‘relevant activity’ means a human activity which can increase the exposure of individuals to radiation from a radiation source and includes the custody, production, processing, handling, holding, storage, use, recycling, manufacture, import, distribution, transport, export or other disposal of the radiation source;
‘undertaking’ means a person who has legal responsibility for the carrying out of a practice or for a radiation source (including where the owner or holder of the radiation source does not conduct related human activities);”.

Amendment of section 7 of Principal Act
4. Section 7 of the Principal Act is amended—
(a) in subsection (1)—
(i) in paragraph (d), by the substitution of “the carrying out of any relevant activity regardless of the location of the radiation source concerned” for “the transport, use, storage, maintenance and disposal of radioactive substances, nuclear devices or irradiating apparatus wheresoever located”,
(ii) in paragraph (f), by the substitution of “radiation sources” for “radioactive substances, nuclear devices, irradiating apparatus”, and
(iii) in paragraph (h), by the substitution of “radiation sources” for “radioactive substances, nuclear devices, irradiating apparatus”,
(b) in subsection (2)—
(i) by the substitution of “The functions of the Agency in relation to” for “Without prejudice to the European Communities (Ionising Radiation) Regulations 1991 ( S.I. No. 43 of 1991 ), the functions of the Institute, in relation to”,
(ii) by the substitution of “radiation source” for “radioactive substance, nuclear device or irradiating apparatus” in each place that it occurs, and
(iii) by the substitution of “radiation source” for “substance, device or apparatus” in each place that it occurs,
(c) in subsection (4), by the substitution of “The Agency may carry out a relevant activity for any purpose in connection with a function conferred on the Agency” for “The Institute may have custody of, produce, process, handle, hold, store, use, manufacture, import, distribute, transport, export or otherwise dispose of radioactive substances, nuclear devices or irradiating apparatus for any purpose in connection with a function conferred on the Institute”,
(d) by the substitution of the following subsection for subsection (5):
“(5) The Agency shall not be required to be a registered person or licensee to carry out a relevant activity for any purpose in connection with a function specified in subsection (4).”,
and
(e) in subsection (6), by the substitution of “Any relevant activity carried out by the Agency before the 30th day of July 2014” for “Any custody, production, processing, handling, storing, using, manufacture, import, distribution, transport, export or disposal by the Institute, prior to the commencement of section 45 of the Radiological Protection (Miscellaneous Provisions) Act 2014 , of radioactive substances, nuclear devices or irradiating apparatus”.

Amendment of section 8 of Principal Act
5. Section 8 of the Principal Act is amended—
(a) in paragraph (f), by the substitution of “radiological safety or radiation sources” for “radiological safety, radioactive substances, nuclear devices or irradiating apparatus”,
(b) in paragraph (g), by the substitution of “radiation sources” for “radioactive substances, nuclear devices or irradiating apparatus”,
(c) by the substitution of the following paragraph for paragraph (j):
“(j) to operate a licensing system and a registration system in respect of the carrying out of relevant activities;”,
(d) by the substitution of the following paragraph for paragraph (k):
“(k) to provide and, where appropriate, approve of, training in relation to relevant activities and in relation to radiological safety;”,
(e) in paragraph (l), by the substitution of “radiation sources” for “radioactive substances, nuclear devices, irradiating apparatus”, and
(f) in paragraph (m), by the substitution of “radiation sources” for “radioactive substances, nuclear devices, irradiating apparatus”.

Amendment of section 9 of Principal Act
6. Section 9 of the Principal Act is amended—
(a) in subsection (1)(a)—
(i) by the substitution of “the Agency may for the time being provide or carry on” for “the Institute is authorised for the time being to provide or carry on”,
(ii) by the substitution of “European act” for “directive, regulation or other act adopted by an institution of the European Communities”, and
(iii) by the substitution of “radiation sources” for “radioactive substances, nuclear devices, irradiating apparatus”,
(b) in subsection (2)—
(i) in paragraph (a), by the substitution of “radiation sources” for “radioactive substances, nuclear devices or irradiating apparatus”, and
(ii) in paragraph (b), by the substitution of “carrying out of a relevant activity in relation to such radiation sources as may be specified in the order” for “custody, use, manufacture, importation, distribution, transportation, insurance, sale, exportation or other disposal of radioactive substances or irradiating apparatus or nuclear devices as may be specified in the order”,
and
(c) by the substitution of the following subsection for subsection (3):
“(3) Before making an order under this section, the Minister shall consult with the Minister for Public Expenditure and Reform and such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.”.

Amendment of section 29 of Principal Act
7. Section 29 of the Principal Act is amended—
(a) in subsection (1)—
(i) in paragraph (a)—
(I) by the substitution of “radiation sources” for “radioactive substances, nuclear devices, irradiating apparatus”, and
(II) by the substitution of “radiation sources,” for “radioactive substances, nuclear devices or irradiating apparatus,”,
(ii) in paragraph (b)—
(I) by the substitution of “any relevant activities relating to such radiation sources” for “any activities relating to such substances, devices, apparatus”, and
(II) by the substitution of “relating to such relevant activities” for “relating to such activities”,
and
(iii) in paragraph (e), by the substitution of “radiation source” for “radioactive substance, nuclear device or irradiating apparatus”,
and
(b) in subsection (2)—
(i) by the substitution of “radiation source” for “radioactive substance, nuclear device or irradiating apparatus” in each place that it occurs,
(ii) in paragraph (b), by the substitution of “radiation source” for “substance, device or apparatus”, and
(iii) in paragraph (c), by the substitution of “radiation source” for “substance, device or apparatus”.

Registration or licensing by Agency
8. The Principal Act is amended by the insertion of the following section after section 29:
“29A. (1) (a) A person who wishes to carry out a relevant activity which, pursuant to regulations made under section 30(1) or (2), requires authorisation and who is required by those regulations to be a registered person or a licensee in respect of the relevant activity, shall make an application, in accordance with regulations made under section 30(7), for authorisation in respect of the relevant activity before carrying out that relevant activity.

(b) A person who wishes to renew a licence in respect of a relevant activity which, pursuant to regulations made under section 30(1) or (2), requires authorisation and who is required by those regulations to be a registered person or a licensee in respect of the relevant activity, shall make an application, before the expiration of the licence and in accordance with regulations made under section 30(7) in that regard, for the renewal of the licence.
(2) (a) Subject to paragraph (b), where the Agency receives an application referred to in subsection (1), the Agency shall decide, based on its regulatory experience and taking into account—
(i) the magnitude of expected or potential doses of radiation, and
(ii) the complexity of the relevant activity to which the application relates,
whether it is registration or a licence which would be appropriate to be granted in respect of the relevant activity concerned.

(b) The Minister may, in regulations made under section 30(1) or (2), provide in respect of a relevant activity that only a licence may be granted and, where provision is so made, the Agency shall, where it receives an application referred to in subsection (1) in respect of the relevant activity, consider the application on the basis that only a licence would be appropriate to be granted in respect of that relevant activity.
(3) (a) Where, having considered an application, the Agency decides to grant registration or a licence, as the case may be, the Agency may, in accordance with section 30(4)—
(i) attach conditions to the registration so granted, or
(ii) specify conditions in the licence so granted.
(b) In the case of an application for the renewal of a licence referred to in subsection (1)(b), conditions which the Agency may attach to a registration or specify in a licence which the Agency decides to grant in respect of that application may or may not be the same as the conditions (if any) specified in the licence which is due to expire.
(4) Where registration is granted by the Agency, the following shall apply:
(a) the Agency may carry out inspections under section 29 in relation to the carrying out of the relevant activity in respect of which the registration is granted;
(b) the registration shall not be required to be renewed.
(5) Where a licence is granted by the Agency, the following shall apply:
(a) the Agency may carry out inspections under section 29 in relation to the carrying out of the relevant activity in respect of which the licence is granted;
(b) the licence shall be required to be renewed periodically.”.

Register
9. The Principal Act is amended by the insertion of the following section after section 29A (inserted by section 8 ):
“29B. (1) The Agency shall, in relation to relevant activities registered or licensed by it, establish and maintain—
(a) a register of registered relevant activities, and
(b) a register of licensed relevant activities.
(2) Where the Agency grants registration or a licence, it shall enter in the appropriate register referred to in subsection (1) particulars of—
(a) the relevant activity registered or licensed, as the case may be,
(b) the registered person or licensee, as the case may be,
(c) the purpose for which the relevant activity has been registered or licensed,
(d) any conditions attached by the Agency to the registration or specified in the licence, and
(e) such other particulars as the Agency considers appropriate.
(3) A relevant activity in respect of which registration or a licence is granted may be carried out in accordance with the registration or licence, as the case may be, from the date on which the particulars referred to in subsection (2) are entered in the register of registered relevant activities or the register of registered licensed activities, as appropriate.”.

Amendment of section 30 of Principal Act
10. (1) Section 30 of the Principal Act is amended by—
(a) the substitution of the following subsection for subsection (1):
“(1) The Minister may by regulations provide for the carrying out of relevant activities and for interventions that may be required to deal with ionising radiation of natural, terrestrial or cosmic origin.”,
(b) the substitution of the following subsection for subsection (2):
“(2) The Minister may make regulations for the purpose of giving effect to a European act which relates to relevant activities or the protection of the health of individuals who are subject to occupational or public exposures against the dangers arising from ionising radiation.”,
(c) the insertion of the following subsection after subsection (2):
“(2A) In making regulations under subsection (1) or (2), the Minister shall have regard to different levels of activity and the extent to which radiation sources are, or may be, a danger to the life, health or welfare of any person or pose a risk of damage to the environment or to property and may regulate, restrict or prohibit, save in accordance with any conditions or requirements specified in the regulations, the carrying out of a relevant activity in relation to such radiation sources as may be specified in the regulations.”,
(d) the insertion of the following subsection after subsection (2A) (inserted by paragraph (c)):
“(2B) In addition to those matters referred to in subsection (2A), in making regulations under subsection (1) or (2) in relation to a practice, the Minister shall have regard to—
(i) the magnitude and likelihood of exposures resulting from the practice, and
(ii) the effect that the operation of this Act or any other Act or rule of law relating to radiation protection may have on—
(I) reducing the magnitude and likelihood of exposures resulting from the practice, and
(II) improving radiological safety.”,
(e) by the substitution of the following subsection for subsection (3):
“(3) Regulations under this section—
(a)(other than regulations under subsection (7)), shall be made following consultation with the Minister for Public Expenditure and Reform, such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government and with the Agency,
(b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations, and
(c) may make provision for different circumstances or cases, classes or types.”,
(f) by the insertion of the following subsection after subsection (3):
“(3A) Without prejudice to the generality of subsections (1) and (2), regulations made under any of those subsections may provide for the following matters as the Minister considers appropriate:
(a) a requirement that a relevant activity be granted authorisation before it may be carried out;
(b) the exemption of a relevant activity from a requirement that it be granted authorisation before it may be carried out;
(c) the attachment by the Agency of conditions to a registration in accordance with subsection (4);
(d) the specification by the Agency of conditions in a licence in accordance with subsection (4);
(e) conditions or requirements with which the Agency is to comply or actions or measures which the Agency is required to take in order to give effect to those regulations;
(f) conditions or requirements with which a person is to comply or actions or measures which a person is required to take for the purpose of monitoring and protecting workers, apprentices, students, members of the public, property or the environment who or which is, are or may be, subject to exposure.”,
(g) the substitution of the following subsection for subsection (4):
“(4) (a) Subject to subsections (4B) to (4E), the Agency may—
(i) attach conditions to a registration,
(ii) specify conditions in a licence.
(b) In deciding whether to attach conditions to a registration or to specify conditions in a licence and what those conditions, if any, should be, the Agency shall have regard to its functions under this Act and the importance of maintaining the protection of workers, apprentices, students, members of the public, property and the environment.
(c) The Agency may attach to a registration conditions which the Agency considers are appropriate to be applied generally to the registration of the relevant activity concerned having regard to the manner in which that relevant activity is usually carried out by a person who is substantially similar to the person applying for authorisation.
(d) In determining the conditions to be attached to a registration, the Agency shall have regard to—
(i) the nature of the relevant activity and the circumstances in which it is carried out, including any equipment used in carrying it out,
(ii) the nature of the radiation source to which the relevant activity relates, and
(iii) the levels of exposure from the radiation source to which the relevant activity relates.
(e) In determining the conditions to be specified in a licence, the Agency shall have regard to—
(i) the nature of the relevant activity and the circumstances in which it is carried out, including any equipment used in carrying it out,
(ii) the nature of the radiation source to which the relevant activity relates,
(iii) the levels of exposure from the radiation source to which the relevant activity relates, and
(iv) any particular safety and security measures and safeguards that may be required for the purpose of the relevant activity being safely and securely carried out having regard to the circumstances in which the relevant activity is carried out.
(f) Conditions attached to a registration or specified in a licence by the Agency under this section may include a condition that the registration shall be withdrawn or the licence revoked where the Agency is of the opinion that any of those conditions has not been complied with.”,
(h) the substitution of the following subsection for subsection (4A):
“(4A) Where the Agency has attached a condition to a registration or specified a condition in a licence, the registered person or licensee shall comply with that condition.”,
(i) the substitution of the following subsection for subsection (5):
“(5) (a) The Agency may—
(i) amend, including by attaching new conditions or amending a relevant activity stated to be registered, or withdraw, a registration, or
(ii) amend, including by specifying new conditions or amending a relevant activity stated to be licensed, or revoke, a licence.
(b) The Agency may amend, withdraw or revoke a registration or licence, as the case may be—
(i) on the receipt by the Agency of an application made pursuant to regulations made under subsection (7) in that behalf by the registered person or licensee, or
(ii) without prejudice to the generality of paragraph (a), where the Agency is of the opinion that—
(I) the registered person or licensee has breached a condition attaching to the registration or specified in the licence, or
(II) having regard to the nature of the radiation source concerned and the circumstances in which the relevant activity is carried out, including any equipment used in carrying it out, there is a risk to the life, health or welfare of workers, apprentices, students or members of the public or a risk of damage to the environment or to property.”,
(j) the substitution of the following subsection for subsection (6):
“(6) (a) Where the Agency proposes—
(i) in relation to an application for authorisation referred to in section 29A(1) to—
(I) refuse the application, or
(II) grant the application with a condition attached to the registration or specified in the licence,
or
(ii) where the relevant activity is registered or licensed, to—
(I) amend, including by the attachment of new conditions, the conditions attached to the registration or specified in the licence,
(II) amend the relevant activity stated to be so registered or licensed, or
(III) withdraw or revoke the registration or licence in accordance with subsection (5),
it shall notify the applicant or, as the case may be, the registered person or licensee in writing accordingly, setting out the reasons for the proposal and giving the person an opportunity to make representations not later than 21 days after the date of the notice.

(b) The notification referred to in paragraph (a) shall, in relation to a proposal referred to in paragraph (a), other than in clause (I) of paragraph (a)(i), specify the date on which the proposal is to take effect which, other than where paragraph (c) applies, shall not be before the expiration of the period of 21 days referred to in paragraph (a).
(c) (i) Where the Agency makes a decision referred to in paragraph (a)(ii) and considers, having regard to the nature of the radiation source concerned and the circumstances in which the relevant activity is carried out, that there is a serious and immediate risk to the life, health or welfare of members of the public or a substantial risk of damage to the environment or to property, the Agency may specify in the notice referred to in paragraph (a) that the decision is to be effective from the date on which the decision is made.
(ii) Where this paragraph applies, the registered person or licensee shall, on receipt of the notification, immediately comply with the decision notwithstanding that that person may make representations to the Agency in accordance with paragraph (a).
(d) Any representations received under paragraph (a) shall be considered by the Agency which may decide (in this section referred to as the “final decision”) to proceed with the proposal or, where paragraph (c) applies, to confirm the decision.
(e) As soon as practicable after making its final decision, the Agency shall notify, in writing, the applicant or, as the case may be, the registered person or licensee of the final decision.
(f) The person notified under paragraph (e) may, not later than 14 days after the date of notification under that paragraph, appeal to the Circuit Court against the final decision and such an appeal shall be to the judge of the Circuit Court in whose jurisdiction the relevant activity is, or is proposed to be, carried out.
(g) On hearing an appeal under paragraph (f), the Circuit Court may make an order—
(i) to affirm the final decision,
(ii) to affirm the final decision subject to conditions, or
(iii) to quash the final decision and direct the Agency, for stated reasons, to re-consider its final decision within a period of 30 days after the making of the order.
(h) The decision of the Circuit Court on an appeal under paragraph (g) is final save that by leave of that Court an appeal shall lie to the High Court on a point of law.
(i) The Agency shall make an entry in the register of registered relevant activities or in the register of licensed relevant activities where a registration is withdrawn or a licence revoked which shall state the reason for the withdrawal or revocation.”,
(k) the substitution of the following subsection for subsection (7):
“(7) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations in relation to—
(a) the procedure for the grant or amendment of registration or for the grant, renewal or amendment of a licence which may include provisions concerning—
(i) the application procedures including any particulars regarding the applicant or relevant activity required to be furnished,
(ii) the form and manner of an application which may include a requirement that an application shall be made in writing or by electronic means,
(iii) when an application shall be made, including prior to commencement of a relevant activity or prior to the expiration of a licence,
(iv) the period of time for which the licence is to remain in force,
(v) the period of time within which fees, or a proportion of such fees, in respect of an application are to be paid to the Agency (including the payment of such fees prior to registration or a licence being granted or amended, as the case may be),
(vi) the circumstances in which the Agency may retain fees, or a proportion of such fees, paid to it in accordance with such regulations, and
(vii) the issuing by the Agency of a licence or of a certificate in respect of a registration, including the form and manner of such a licence or certificate, the manner (including by electronic means) in which it is to be issued and the information it is to contain,
and
(b) the fixing of fees payable to the Agency in respect of the registration or licensing of a relevant activity which may include, without prejudice to the generality of the foregoing—
(i) the fixing of fees payable in respect of an application for authorisation in respect of the relevant activity and to amend a registration or to amend or renew a licence,
(ii) any fee, or proportion of a fee, payable following the registration of, or grant of a licence in respect of, the relevant activity,
(iii) fixing of different fees in respect of—
(I) the number of radiation sources to which the registration or licence relates,
(II) the purpose for which the relevant activity has been registered or licensed, and
(III) the quantity of the radioactive substance to which the registration or licence relates,
and the fixing of fees under this subsection may include fees for different circumstances and different classes of persons.”,
and
(l) by the deletion of subsection (8).
(2) (a) An order or regulations made under section 30 of the Principal Act before the coming into operation of subsection (1)—
(i) shall not be revoked by the coming into operation of subsection (1), and
(ii) may be revoked by regulations made following the coming into operation of subsection (1).
(b) Notwithstanding the amendment of section 30 of the Principal Act by subsection (1)—
(i) a licence granted by the Agency pursuant to an order made under section 30 of the Principal Act before the coming into operation of subsection (1) and which is in force immediately before the day on which regulations made by the Minister pursuant to section 30(1) or (2) as so amended come into operation shall continue in force on and after that day as if granted pursuant to those regulations for the unexpired period of that licence or until that licence is revoked, whichever is earlier,
(ii) an application for a licence made to the Agency pursuant to an order made under section 30 before the coming into operation of subsection (1) shall be regarded as an application for authorisation (within the meaning of section 2 of the Principal Act) made under regulations made under section 30 as so amended.

Amendment of section 31 of Principal Act
11. Section 31 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “the Minister, after consultation with the Minister for Public Expenditure and Reform, such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, the Agency and the Food Safety Authority of Ireland” for “the Minister, after consultation with the Ministers for Agriculture and Food, Finance, the Environment and Local Government, Health and Children and the Marine and Natural Resources, the Institute and the Food Safety Authority of Ireland”, and
(b) in subsection (2)(c), by the substitution of “the Minister, after consultation with such other (if any) Minister of the Government as he or she thinks appropriate having regard to the functions of that other Minister of the Government and with the Agency” for “the Minister for the Environment, after consultation with the Minister and the Institute”.

Amendment of section 32 of Principal Act
12. Section 32 of the Principal Act is amended—
(a) in subsection (1)—
(i) in paragraph (c), by the substitution of “after consultation with such (if any) Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government” for “after consultation with the Minister, the Minister for Health and Children”, and
(ii) in paragraph (d), by the substitution of “after consultation with such (if any) Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government” for “after consultation with the Minister, the Minister for Health and Children”,
and
(b) in subsection (2)(b), by the substitution of “after consultation with such (if any) Minister of the Government as he or she considers appropriate having regard to the functions of that other Minister of the Government” for “after consultation with the Minister”.

Amendment of section 34 of Principal Act
13. Section 34 of the Principal Act is amended in subsection (1) by the substitution of “radiation source held, used, manufactured, imported, distributed, transported or exported under a registration or licence, the registered person or licensee concerned shall” for “radioactive substance, nuclear device or irradiating apparatus held, used, manufactured, imported, distributed, transported or exported under a licence issued under this Act, the licensee shall”.

Amendment of section 40 of Principal Act
14. Section 40 of the Principal Act is amended—
(a) in subsection (1), by the substitution of “regulations made under section 30” for “an order made under section 30”,
(b) in subsection (1A), by the substitution of “an application, in accordance with any regulations made under section 30—
(i) for authorisation,
(ii) to amend a registration, or
(iii) to amend or renew a licence,
shall be guilty of an offence” for “an application for a licence in accordance with an order or regulations made under section 30 (as amended by the Radiological Protection (Amendment) Act 2002 ) of this Act, including an application for a renewal or an amendment of a licence, shall be guilty of an offence”,
(c) in subsection (1B), by the substitution of “a registration or specified in a licence” for “a licence granted pursuant to an order or regulations made under section 30 (as amended by the Radiological Protection (Amendment) Act 2002 )”, and
(d) in subsection (2)(d), by the substitution of “radiation source” for “substance, device or apparatus”.

Amendment of section 41 of Principal Act
15. Section 41 of the Principal Act is amended in subsection (1) by the substitution of “regulations made under section 30” for “an order made under section 30 of this Act”.

PART 3
Transfer of Certain Functions Under the Radiological Protection Acts 1991 to 2014 and Transfer of Functions Under Containment of Nuclear Weapons Act 2003
Transfer of functions to Minister
16. The functions conferred on the Minister for Housing, Planning and Local Government by or under—
(a) the Radiological Protection Acts 1991 to 2014 (amended by Part 2), other than his or her function under section 31(2)(c) of the Principal Act, and
(b) the Containment of Nuclear Weapons Act 2003 ,
are transferred to the Minister on the vesting day.
Transfer of administration and business
17. (1) The administration and business in connection with the performance of the functions transferred by section 16 are on the vesting day transferred to the Department of Communications, Climate Action and Environment.
(2) References to the Department of Housing, Planning and Local Government contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of Communications, Climate Action and Environment.

Pending legal proceedings
18. Where, immediately before the vesting day, any legal proceedings are pending to which the Minister for Housing, Planning and Local Government is a party and the proceedings have reference to functions transferred by section 16 , the name of the Minister shall, to the extent that they have such reference, be substituted for the Minister for Housing, Planning and Local Government in those proceedings or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

Completion of certain matters commenced
19. Anything commenced but not completed before the vesting day by or under the authority of the Minister for Housing, Planning and Local Government may, in so far as it relates to a function transferred by section 16 , be carried on and completed by the Minister.

Operation of certain instruments
20. Every instrument (including any certificate or licence) granted or made in the performance of a function transferred by section 16 shall, if and in so far as it was operative immediately before the vesting day, continue to have effect from the vesting day as if it had been granted or made by the Minister.

Construction of references
21. (1) References to the Minister for Housing, Planning and Local Government contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 16 shall, from the vesting day, be construed as references to the Minister.
(2) References to the Minister for Housing, Planning and Local Government contained in the memorandum or articles of association or constitution of any company in so far as they relate to any function transferred by section 16 shall, from the vesting day, be construed as references to the Minister.

Transfer of property, etc. to Minister
22. (1) All property, rights and liabilities held, enjoyed or incurred before the vesting day by the Minister for Housing, Planning and Local Government in connection with any function transferred by section 16 are, on the vesting day, transferred to the Minister and, accordingly, without any further conveyance, transfer or assignment—
(a) the said property, real and personal, shall, from the vesting day, vest in the Minister,
(b) the said rights shall, from the vesting day, be enjoyed by the Minister, and
(c) the said liabilities shall, from the vesting day, be the liabilities of the Minister.
(2) All moneys, stocks, shares and securities transferred to the Minister by this section that, immediately before the vesting day, stand in the name of the Minister for Housing, Planning and Local Government shall, upon the request of the Minister, be transferred into his or her name.

Vesting Day
23. The Minister shall by order appoint a day to be the vesting day for the purposes of this Part as soon as practicable after the coming into operation of this Act.

PART 4
Transfer of Function Under Section 52(4) of Harbours Act 1996
Transfer of function under section 52(4) of Harbours Act 1996
24. The function conferred on the Minister for Transport, Tourism and Sport by subsection (4) of section 52 of the Harbours Act 1996 in his or her capacity as the Minister of the Government whose consent is required to the granting of an exemption under that subsection is transferred to the Minister on the vesting day.

Transfer of administration and business
25. (1) The administration and business in connection with the performance of the function transferred by section 24 are on the vesting day transferred to the Department of Communications, Climate Action and Environment.
(2) References to the Department of Transport, Tourism and Sport contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of Communications, Climate Action and Environment.

Pending legal proceedings
26. Where, immediately before the vesting day, any legal proceedings are pending to which the Minister for Transport, Tourism and Sport is a party and the proceedings have reference to the function transferred by section 24 , the name of the Minister shall, to the extent that they have such reference, be substituted for the Minister for Transport, Tourism and Sport in those proceedings or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

Completion of certain matters commenced
27. Anything commenced but not completed before the vesting day by or under the authority of the Minister for Transport, Tourism and Sport may, in so far as it relates to the function transferred by section 24 , be carried on and completed by the Minister.

Operation of certain instruments
28. Every exemption granted under section 52 (4) of the Harbours Act 1996 shall, if and in so far as it was operative immediately before the vesting day, continue to have effect from the vesting day as if it had been granted or made with the consent of the Minister.

Construction of references
29. (1) References to the Minister for Transport, Tourism and Sport contained in any enactment (other than this Act) in so far as they relate to the function transferred by section 24 shall, from the vesting day, be construed as references to the Minister.
(2) References to the Minister for Transport, Tourism and Sport contained in the memorandum or articles of association or constitution of any company in so far as they relate to the function transferred by section 24 shall, from the vesting day, be construed as references to the Minister.

Transfer of property, etc. to Minister
30. (1) All property, rights and liabilities held, enjoyed or incurred before the vesting day by the Minister for Transport, Tourism and Sport in connection with the function transferred by section 24 are, on the vesting day, transferred to the Minister and, accordingly, without any further conveyance, transfer or assignment—
(a) the said property, real and personal, shall, from the vesting day, vest in the Minister,
(b) the said rights shall, from the vesting day, be enjoyed by the Minister, and
(c) the said liabilities shall, from the vesting day, be the liabilities of the Minister.
(2) All moneys, stocks, shares and securities transferred to the Minister by this section that, on the vesting day, stand in the name of the Minister for Transport, Tourism and Sport shall, upon the request of the Minister, be transferred into his or her name.

Vesting Day
31. The Minister shall by order appoint a day to be the vesting day for the purposes of this Part as soon as practicable after the coming into operation of this Act.

PART 5
Miscellaneous Provisions
Amendment of Environmental Protection Agency Act 1992
32. Section 52 (4) of the Environmental Protection Agency Act 1992 is amended by the substitution of “be required to be a registered person or licensee within the meaning of section 2 of the Radiological Protection Act 1991 ” for “require a licence under section 30 of the Radiological Protection Act 1991 ”.

Amendment of Environment (Miscellaneous Provisions) Act 2011
33. Section 4 of the Environment (Miscellaneous Provisions) Act 2011 is amended—
(a) in subsection (1)—
(i) in paragraph (a), by the substitution of “specified in or attached to a licence, registration, permit” for “attached to a licence, permit”, and
(ii) in paragraph (b), by the substitution of “such licence, registration, permit” for “such licence, permit”,
(b) in subsection (4)(i), by the substitution of “a licence or registration granted pursuant to regulations made under section 30 of the Radiological Protection Act 1991 ” for “a licence granted pursuant to section 30 of the Radiological Protection Act 1991 ”, and
(c) in subsection (6)—
(i) by the substitution of “a reference to a licence, registration, revised licence,” for “a reference to a licence, revised licence”, and
(ii) by the substitution of “is a reference to such licence, registration, permit, lease or consent and any conditions or other requirements specified in or attached to it” for “is a reference to such licence, permit, lease or consent and any conditions or other requirements attached to it,”.


[Preamble.]
Short title.                                                                                1. This Act may be cited for all purposes as “The Chancery and Common Law Offices (Ireland) Act, 1867.”

[S. 2 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Part I.
Offices of the High Court of Chancery in Ireland.
[S. 3 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Establishment of “Record and Writ Office.”                                                         4. There shall be an office of the High Court of Chancery in Ireland, to be called “the Record and Writ Office”; . . .

[Ss. 5, 6 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Officers of Record and Writ Office.                                                                7. There shall be a clerk of records and writs and two assistants to such clerk in the Record and Writ Office, . . .

[S. 8 is personal. S. 9 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Tenure of office.                                                                                10. Every person appointed to any place under this Act . . . shall hold office by the same tenure as an officer serving in an established capacity in the permanent Civil Service of the State, but shall be removable by an order of the Lord Chancellor, with the concurrence of the Master of the Rolls or the Vice Chancellor, stating the cause for such removal:
[Ss. 11, 12 rep. 56 & 57 Vict. c. 54. (S.L.R.) S. 13 is personal.]

Appointment of deputy in case of absence of clerk of records and writs.                            14. In case of absence from illness or other reasonable cause it shall be lawful for the said clerk of records and writs to appoint a deputy, such deputy and also the occasion for such appointment being first approved by the Lord Chancellor; and in case the said clerk of records and writs, being absent as aforesaid, shall neglect to appoint such deputy, or to renew the appointment of a deputy, the Lord Chancellor may appoint a deputy; and every deputy to be appointed as aforesaid shall have all the powers and authorities of his principal, and shall be paid such sum out of the salary of his principal as the Lord Chancellor shall direct; and during vacations the whole of the business of the Record and Writ Office may be performed by such of the officers of the said office and upon such terms as the Lord Chancellor shall by any order direct.

Clerk of records and writs and assistants to attest copies of affidavits.                          15. The said clerk of records and writs and the said assistants to the said clerk shall cause every copy of any affidavit to be duly compared with the original from which it shall be made before he shall attest the same, and shall be responsible for the accuracy of every copy so attested by him.

The clerk of records and writs, &c. may administer oaths.                                          16. The said clerk of records and writs and the said assistants to the said clerk may administer the oaths and take the affirmations and attestations of honour which they may from time to time be required to administer and take.

Perjury.                                                                                17. All persons swearing, affirming, or attesting before the said clerk of records and writs or any assistant to the said clerk under this Act shall be liable to all such penalties, punishments, and consequences for any wilful and corrupt false swearing or perjury contained therein as if the matter sworn, affirmed, or attested had been sworn, affirmed, or attested before the High Court of Chancery.

Officers and clerks not to take gratuities.                                                        18. If the clerk of records and writs, or any assistant to the said clerk, or any person employed in the said Record and Writ Office, shall, for anything done or pretended to be done relating to his office or employment under this Act, or under colour of doing anything relating to his said office or employment, wilfully demand or accept, or appoint or allow any person whatsoever to take for him or on his account, or for or on account of any person by him named, any fee, gift, gratuity, or emolument, or anything of value, other than what is allowed or directed to be taken by him, the person so offending may, upon complaint made to the Lord Chancellor be removed from any office or employment he may hold under this Act.

Persons employed under this Act not to practise as barristers, &c.                                 19. No person while he holds any office or employment in the Record and Writ Office shall practise as a barrister, or as a solicitor; and every solicitor who shall accept any office or employment under this Act shall be struck off the roll of solicitors.

Power to Vice-Chancellor to appoint “clerk in court.”                                              20. It shall be lawful for the Vice Chancellor from time to time to appoint a competent writer of shorthand to the office of “clerk in court,” whose duty it shall be to attend the Vice Chancellor's Court for the purpose of taking down and transcribing all such evidence, statements, and matters as the Vice Chancellor shall direct, and for the purpose of reading all documents necessary to be read in court, and discharging such other duties as shall be prescribed by the Vice Chancellor.

Future clerks in Rolls Court to be practised shorthand writers.                                    21. When any vacancy shall occur in the office of “clerk in court” in . . . the Rolls Court, it shall be lawful for the . . . Master of the Rolls to appoint a competent writer of shorthand to fill such vacancy ; , . . and every person appointed a “clerk in court” as aforesaid shall, in addition to the duties hitherto performed by the person filling such office, take down and transcribe all such evidence, statements, and matters as the judge in whose court he shall attend shall direct.

Salaries and tenure of clerks in court.                                                            22. There shall be paid to any person appointed to the office of “clerk in court” in the . . . Rolls Court, or Vice Chancellor's Court, the net yearly salary of four hundred pounds; and every such clerk in court shall hold his office by the same tenure as an officer serving in an established capacity in the permanent Civil Service of the State, but shall be removable by the judge to whose court he shall be attached.

Power to increase salaries of clerks in court.                                                     23. It shall be lawful for the Treasury, if they shall so think fit, to increase the salaries of all or any of the clerks in court appointed under this Act to any sum they may think fit, not exceeding the yearly salary of six hundred pounds for each such clerk, upon the recommendation of the judge to whose court the clerk shall be attached.

[S. 24 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Right of succession in Registrar's Office abolished.                                               25.. . . any person appointed to any office or situation in the Registrar's Office after the commencement of this Act shall not be entitled to claim any right of succession to any other office or situation in the said Registrar's Office.

[S. 26 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Vice Chancellor may appoint a trainbearer, and Lord Justice of Appeal a trainbearer and tipstaff.  27. It shall be lawful for the Vice Chancellor to appoint a trainbearer at a yearly salary of one hundred pounds, and for the Lord Justice of Appeal to appoint a trainbearer at a yearly salary of one hundred pounds, and a tipstaff at a yearly salary of fifty pounds.

As to superannuation allowances.                                                                   28. Any person hereafter appointed an officer of any office in the said Court of Chancery who shall resign his office shall be entitled to receive such superannuation allowance as the Commissioners of Her Majesty's Treasury shall think proper to direct; and in ascertaining and awarding the amount of such superannuation allowance the said Commissioners shall take into consideration the whole period during which any such person shall have been permanently engaged in the said office or in any other public office, and shall proceed according to the principles laid down by the Superannuation Act, 1859; and all sums and allowances which shall be so awarded and granted under the authority aforesaid shall be paid and payable, and be charged and chargeable, in the same way as is provided in respect of the salaries of the said officers:
22 Vict. c. 26.
[Ss. 29–31 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Act not to affect other powers of Lord Chancellor.                                                 32. Nothing in this Act contained shall be construed to affect the general powers vested in the Lord Chancellor either solely or otherwise.

Precedence of Lord Justice.                                                                        33. [Recital of 19 & 20 Vict. c. 92. as to the rank and precedence of the Lord Justice of Appeal in Chancery.] The said Lord Justice . . . shall have rank and precedence only next the Lord Chief Baron of the Court of Exchequer in Ireland.

[S. 34 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Part II.
Officers of the Superior Courts of Common Law in Ireland.
[Ss. 35–43 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Application of 7 & 8 Vict. c. 107.                                                                 44. [Repeal in part of 7 & 8 Vict. c. 107.] . . . so many and such parts of the clauses and enactments of the said recited Act as may be applicable to the several officers and clerks appointed under this Act shall extend and be construed to extend and be applied to such officers and clerks respectively, as fully and effectually as if such clauses and enactments had been repeated and re-enacted in this Act.

Clerks may administer oaths, &c.                                                                   45. It shall be lawful for the . . . chief clerk, and two first-class clerks in each of the said Superior Courts of Common Law to take affidavits or affirmations in all matters relating to the business of the said Courts respectively, and to administer the necessary oaths and affirmations for that purpose; and all such oaths, affidavits, and affirmations shall be of the same force, validity, and effect, and shall and may be filed and used and acted upon respectively as fully and effectually, to all intents and purposes whatsoever, as if the same had been sworn or affirmed before the said Courts, or all or any of the judges thereof respectively; and any person who shall wilfully or corruptly swear or affirm anything false in any such affidavits or affirmations shall be subject to all pains, penalties, punishments, and disabilities for wilful and corrupt perjury, in like manner in all respects as if such affidavits had been made in any of the said several Courts, or before all or any of the judges thereof respectively.

[Ss. 46, 47 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Fees on Crown side of Court of Queen's Bench.                                                      48. No officer employed on the Crown side of the Court of Queen's Bench in Ireland shall be entitled to receive and retain for his own use any fee, emolument, or reward whatsoever; and all and every the fees payable for or by reason of any matter or thing done or to be done by the said clerk of the Crown in his said office, or in anywise appertaining to the business thereof, now received in money, shall no longer be received in money, but by a stamp denoting the amount of the fee which otherwise would be payable; and where any fee shall be payable in respect of any document, such stamp shall, at the expense of the party liable to pay the fee, and in such manner and under such regulations as shall be directed by any general order under this Act, be stamped or affixed on the vellum, parchment, or paper on which the proceeding in respect whereof such fee is payable is written, printed, or engrossed, or which may be otherwise used in reference to such proceedings.

Application of Inland Revenue and Stamp Acts.                                                      49. All stamps by this Act directed to be substituted for fees . . . in the Crown Office of the said Court of Queen's Bench, shall be issued by and shall be under the care and management of the Commissioners of Inland Revenue; and the several rules, regulations, provisions, penalties, clauses, and matters contained in any Act now or hereafter to be in force with reference to stamp duties shall be applicable thereto.

[Ss. 50–52 rep. 56 & 57 Vict. c. 54. (S.L.R.)]
Power to chief clerk to take affidavits.                                                           53. It shall be lawful for the chief clerk to the said clerk of the Crown to take affidavits, affirmations, or attestations upon honour in all matters relating to the business of the Crown side of the Court of Queen's Bench in Ireland, and to administer the necessary oaths, affirmations, or attestations for that purpose; and all such oaths, affidavits, affirmations, and attestations shall be of the same force, validity, and effect, and shall and may be proceeded upon and dealt with in all respects, and to all intents and purposes, as if the same had been taken, made, or administered by or before the said Court, or any of the judges thereof, or by or before the said clerk of the Crown; and any person who shall wilfully or corruptly swear, affirm, or attest anything false in any such affidavits, affirmations, or attestations so taken or administered by the said chief clerk shall be subject to all pains, penalties, punishments, and disabilities for wilful and corrupt perjury, in like manner as if such affidavits, affirmations, or attestations had been made or taken by or in the said Court of Queen's Bench, or any of the judges thereof, or by or before the said clerk of the Crown aforesaid.

Punishment for false swearing, &c.
Power to chief clerk to sign documents in absence of clerk, if authorized so to do.                54. During the temporary absence of the said clerk of the Crown the affixing or signing the name of the said clerk of the Crown by the said chief clerk to all orders, writs, pleadings, instruments, and proceedings, upon his being duly authorized in that behalf by the said clerk of the Crown so to do, but not otherwise, shall be as good, valid, and effectual as if the same were respectively affixed or signed or done in person by the clerk of the Crown aforesaid.

Additional salary to registrar of Consolidated Nisi Prius Court.                                   55. There shall be paid to the registrar or clerk of Nisi Prius for the Consolidated Nisi Prius Court in Ireland, in addition to the annual salary which is now payable to such officer, the annual sum of one hundred pounds.

As to superannuation allowances.                                                                   56. Any master, . . . or other officer of any of the said Superior Courts of Common Law who shall resign his office shall be entitled to receive such superannuation allowance as the Commissioners of Her Majesty's Treasury shall think proper to direct; and in ascertaining and awarding the amount of such superannuation allowance the said Commissioners shall take into consideration the whole period during which any such person shall have been permanently employed in the said office or in any other public office, and shall proceed according to the principles laid down by Superannuation Act, 1859; . . . and all sums and allowances which shall be so awarded and granted under the authority aforesaid shall be paid and payable and be charged and chargeable in the same way as is provided in respect of the salaries of the said officers: . . .

22 Vict. c. 26.
Salaries.
Funds for payment of salaries.                                                                     57. The salaries of the masters of the said Superior Courts of Common Law shall be charged upon and paid out the Consolidated Fund of the United Kingdom of Great Britain and Ireland, and the salary of the present clerk of the Crown of the said Court of Queen's Bench shall, so long as he shall hold such office, be also charged upon and paid out of the said Consolidated Fund ; and all other salaries under Parts I. and II. of this Act shall be paid out of such funds as Parliament shall from time to time provide for such purpose.

[Ss. 58–60 rep. 56 & 57 Vict. c. 54. (S.L.R.) S. 61 is personal.]

[Scheds. rep. 56 & 57 Vict. c. 54 (S.L.R.)]


[Preamble.]
Property acquired for religious or educational purposes, and conveyed to trustees or others, to vest in their successors for the time being without conveyance.  [1.] Wherever freehold, leasehold, copyhold, or customary property in England or Wales has been or hereafter shall be acquired by any congregation or society or body of persons associated for religious purposes, or for the promotion of education, as a chapel, meeting house, or other place of religious worship, or as a dwelling house for the minister of such congregation, with offices, garden, and glebe, or land in the nature of glebe, for his use, or as a schoolhouse, with schoolmaster’s house, garden, and playground, or as a college, academy, or seminary, with or without grounds for air, exercise, or recreation, or as a hall or rooms for the meeting or transaction of the business of such congregation or society or body of persons, and wherever the conveyance, assignment, or other assurance of such property has been or may be taken to or in favour of a trustee or trustees to be from time to time appointed, or of any party or parties named in such conveyance, assignment, or other assurance, or subject to any trust for the congregation or society or body of persons, or of the individuals composing the same, such conveyance, assignment, or other assurance shall not only vest the freehold, leasehold, copyholder customary property thereby conveyed or otherwise assured in the party or parties named therein, but shall also effectually vest such freehold, leasehold, copyhold, or customary property in their successors in office for the time being and the old continuing trustees, if any, jointly, or if there be no old continuing trustees, then in such successors for the time being wholly, chosen and appointed in the manner provided or referred to in or by such conveyance, assignment, or other assurance, or in any separate deed or instrument declaring the trust thereof, or if no mode of appointment be therein set forth, prescribed, or referred to, or if the power of appointment be lapsed, then in such manner as shall be agreed upon by such congregation or society or body of persons, upon such and the like trusts, and with, under, and subject to the same powers and provisions, as are contained or referred to in such conveyance, assignment, or other assurance, or in any such separate deed or instrument, or upon which such property is held, and that without any transfer, assignment, conveyance, or other assurance whatsoever, anything in such conveyance, assignment, or other assurance, or in any such separate deed or instrument, contained to the contrary notwithstanding: Provided always, that in case of any appointment of a new trustee or trustees of or the conveyance of the legal estate in any such property being made as heretofore was by law required, the same shall be as valid and effectual, to all intents and purposes, as if this Act had not been passed.

Providing for payment in lieu of fines on death or alienation in respect of property of copyhold or customary tenure.                                            2. Where such property shall be of copyhold or customary tenure, and liable to the payment of any fine, with or without a heriot, on the death or alienation of the tenant or tenants thereof, it shall be lawful for the lord or lady of the manor of which such property shall be holden, on the next appointment of a new trustee or trustees thereof, and at the expiration of every period of forty years thereafter, so long as such property shall belong to or be held in trust for such congregation or society or body of persons, or other party or parties to whom such property may have been or shall be conveyed for their benefit, to receive and take a sum corresponding to the fine and heriot, if any, which would have been payable by law upon the death or alienation of the tenant or tenants thereof; and such payments shall be in full of all fines payable to the lord or lady of the manor of which such property is holden, while the same shall remain the property or be held in trust for such congregation or society or body of persons; and the lord or lady of such manor shall have all such powers for the recovery of such sums as such lord or lady could have had in the event of the tenant or tenants of such property having died, or having alienated the same.

Appointment of new trustees.                                                                                3. For the purpose of preserving evidence of every such choice and appointment of a new trustee or new trustees, and of the person and persons in whom such charitable estates and property shall so from time to time become legally vested, every such choice and appointment of a new trustee or new trustees shall be made to appear by some deed under the hand and seal of the chairman for the time being of the meeting at which such choice and appointment shall be made, and shall be executed in the presence of such meeting, and attested by two or more credible witnesses, which deed may be in the form or to the like effect of the schedule to this Act annexed, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all courts and proceedings in the same manner and on the like proof as deeds under seal, and shall be evidence of the truth of the several matters and things therein contained.

Extent of Act.                                                                                4. The provisions of this Act shall extend to that part of the United Kingdom called Ireland.

[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Sect. 3. SCHEDULE to which this Act refers.
Memorandum of the choice and appointment of new trustees of the [describe the chapel, school, or other buildings and property], situate in the parish [or township] of , in the county [riding, division, city, or place] of , at a meeting duly convened and held for that purpose [in the vestry of the said chapel] on the [25th] day of [April 1850], A.B., of , chairman.

Names and descriptions of all the trustees on the constitution or last appointment of trustees, made the day of .

Adam Bell, of .
Charles Dixon, of .
Edward Foster, of .
George Hurst, of .
John Jackson, of .
Kenneth Lucas, of .
Matthew Norman, of .
Octavius Parker, of .
Names and descriptions of all the trustees in whom the said [chapel] and premises now becomes legally vested .

First.—Old continuing trustees.
John Jackson, now of .
Matthew Norman, now of .
Octavius Parker, now of .
Second.—New trustees now chosen and appointed:—
Benjamin Adams, of .
Charles Bell, of .
Jonathan Edmonds, of .
Richard Baxter, of .
John Home, of .
Dated this day of .
William Hicks, (l.s.)
Signed, sealed, and delivered by the said William Hicks, as chairman of the said meeting, at and in the presence of the said meeting, on the day and year aforesaid, in the presence of  Chairman of the said meeting.

C.D.
E.F.
[The blanks, and parts in italics, to be filled up as the case may be.]

[1 Short title, “The Trustee Appointment Act, 1850.” See 55 & 56 Vict.c.10]


[Preamble recites 33 & 34 Vict. c. 46 in this Act called the principal Act.]

Regulations with respect to purchase of their holdings by tenants.                                                       1.[1] The following regulations shall be enacted with respect to purchases of their holdings by tenants:
(1.) Every application under the principal Act made by a tenant to the Board for an advance for the purchase of his holding may be made before or after such tenant has entered into any agreement for the purchase or has been declared the purchaser of the holding in respect of which such advance is required, and the Board may agree to advance to such tenant any sum not exceeding two third parts of the value of such holding as assessed by the Board:
(2.) Where any sale of his holding is made to a tenant in pursuance of the principal Act, by or through the medium of the Landed Estates Court, that court, and not the Civil Bill Court, shall have power to charge the annuity authorised to be charged by the principal Act, in favour of the Board, in respect of advances by the Board; and the forty-fourth and forty-seventh sections of the principal Act shall be amended accordingly by the substitution therein of the expression “Landed Estates Court” for the expression “Civil Bill Court.”
(3.) Notwithstanding the sale to a tenant by his landlord of his holding may not have been made in or through the medium of the Landed Estates Court, the Board may, if satisfied of the value of the security, agree to advance to such tenant for the purpose of purchasing his holding any sum not exceeding two third parts of the value of such holding, as assessed by the Board, and may take as security for the repayment of such advance a charge on such holding of an annuity of the same duration and amount as would have been charged thereon if the sale had been made in the Landed Estates Court; but no such advance shall be actually paid to the tenant until the Board are satisfied with the title of the tenant, and have taken from him a charge on the holding in such form and with such powers of sale and covenants for payment as the Board may be advised will effectually secure the annuity charged in their favour, and with the like powers for the recovery of such annuity as are contained in the principal Act in respect to the recovery of annuities under the said Act:
(4.) If while any holding is charged with the payment of an annuity to the Board under the principal Act and this Act, any part of such holding is let to agricultural labourers bonâ fide required for the cultivation of such holding, for cottages or gardens not exceeding half an acre in each case, such letting shall not be deemed to be nor shall the same be a cause of forfeiture.

In certain cases where advances made for purchase of a holding notwithstanding forfeiture, Board may proceed to a sale.  2.[1] In every case in which an advance shall be made after the passing of this Act for the purchase of a holding under the provisions of this or the principal Act, notwithstanding the provisions as to forfeiture in the said principal Act contained, the Board shall have power to sell the holding or any part thereof, and to convey the same to a purchaser, in the event of such holding, or any part thereof, having been alienated, assigned, subdivided, or sublet without the consent of the Board while any portion of the annuity remained unpaid; and the Board may sell the said holding, or any part thereof, by public auction, due notice being given by the Board of the time, place, terms and conditions of such sale; and the Board shall apply the proceeds derived from such sale in the first instance to the payment of all moneys due on foot of such annuity, and in redemption of so much of the said annuity as shall at the time of such sale remain charged on said holding, and of all costs and expenses incurred by the said Board in relation to such sale, or otherwise in respect of such holding, and shall pay the balance to the person entitled by law to receive the same.

Short title and construction.                                                                                3. This Act shall be construed as one with the principal Act, and may be cited for all purposes as “The Landlord and Tenant (Ireland) Act, 1872.”

[1 See as to reduction of annuities, 50 & 51 Vict. c. 33. ss. 24, 27.]

[1 Rep. 44 & 45 Vict. c. 49. s. 30. so far as relates to holdings in respect of which a declaration has been made under that section.]