Whereas it is desirable to facilitate the control and cure of Habitual Drunkards:
Preliminary.
Short title.                                                                               1. This Act may be cited as the Habitual Drunkards Act, 1879.

[S. 2 rep. 57 & 58 Vict. c. 56 (S.L.R.)]
Interpretation.                                                                            3. [1]

In this Act—

. . . . . . . . . .
The expression “court of summary jurisdiction” means—
(a.) As regards England and Ireland, any justice or justices of the peace to whom jurisdiction is given by the Summary Jurisdiction Acts; provided that the court when hearing and determining an information or complaint under this Act shall be constituted either of two or more justices of the peace in petty sessions sitting at some place appointed for holding petty sessions, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice; and
(b.) As regards Scotland, the sheriff or his substitute.
“Justice” means a justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate by whatever name called, having jurisdiction under the Summary Jurisdiction Acts in the place where the matter requiring the cognizance of a justice arises.

“A retreat” means a house licensed by the licensing authority named by this Act, for the reception, control, care, and curative treatment of habitual drunkards.

“Habitual drunkard” means a person who, not being amenable to any jurisdiction in lunacy, is notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself or herself or to others, or incapable of managing himself or herself, and his or her affairs.

Incorporation of Schedules with Forms and Rules therein.                                   4. The Schedules to this Act, with the notes and directions therein, shall have effect as part of this Act; and the Rules contained in those Schedules and the Forms therein given, or Forms to the like effect, shall be observed, with such variations as circumstances require, by the persons, for the purposes, and in the manner therein indicated; but no instrument made in execution or intended execution of this Act shall be invalidated for defect in form only.

[S. 5 virt. rep. 61 & 62 Vict. c. 60. ss. 13, 28.]
Retreats.
Establishment of retreats.                                                                 6. The local authority may, subject to any conditions which such local authority shall deem fit, grant to any person, or to two or more persons jointly, a license for any period not exceeding [1 two years] to keep a retreat; and may, from time to time, revoke or renew such license. The application for such license shall be in the Form No. 1 in the [2] Second Schedule hereto, or to the like effect. The license shall be in the Form No. 2 in the same Schedule, or to the like effect. One at least of the persons to whom a license is granted shall reside in the retreat and be responsible for its management. A duly qualified medical man shall be employed as medical attendant of such retreat, provided that when the name of the licensee shall be on the Medical Register he may himself act as such medical attendant.

To whom license not to be given.                                                           7. No license shall be given to any person who is licensed to keep a house for the reception of lunatics.

Power of local authority to transfer license.                                              8. If the licensee of any retreat becomes incapable, from sickness or otherwise, of keeping such retreat, dies, or becomes bankrupt, or has his affairs liquidated by arrangement, or becomes mentally incapable or otherwise disabled, the local authority, by writing under their hands, indorsed on the license, may transfer the license to another person, if the local authority, in its discretion, shall think fit.

Removal of habitual drunkard from unfit habitation.                                        9. If any retreat becomes unfit for the habitation of the persons detained therein under this Act, or otherwise unsuitable for its purpose, the local authority or the Inspector of Retreats appointed under this Act shall order their discharge from such retreat on a day to be mentioned in the order. Such order shall be signed by the clerk of the local authority or by the inspector, as the case may be.

Notice of such removal.
The licensee of the retreat from which such persons or person are to be so removed shall, with all practicable speed, send by post a copy of such order to the person by whom the last payment for each person so to be removed from the retreat was made, or one at least of the persons who signed the statutory declaration under section ten of this Act.

Persons may be admitted to retreats on their own application.                              10. [1] Any habitual drunkard desirous of being admitted into a retreat may make application in writing to the licensee of a retreat for admission into such retreat, and such application shall be in the Form No. 3 in the Second Schedule hereto, and shall state the time during which such applicant undertakes to remain in such retreat. Such application shall be accompanied by the statutory declaration of two persons to the effect that the applicant is an habitual drunkard within the meaning of this Act.

The signature of the applicant to such application shall be attested by two justices of the peace, and such justices shall not attest the signature unless they have satisfied themselves that the applicant is an habitual drunkard within the meaning of this Act, and have explained to him the effect of his application for admission into a retreat and his reception therein, and such justices shall state in writing, and as a part of such attestation, that the applicant understood the effect of his application for admission and his reception into the retreat.

Such applicant, after his admission and reception into such retreat, unless discharged or authorised by license as hereinafter provided, shall not be entitled to leave such retreat till the expiration of the term mentioned in his application, and such applicant may be detained therein till the expiration of such term; provided that such term shall not exceed the period of [2 two years].

Licensees of retreats to send notice of reception.                                         11. Every licensee of a retreat under this Act shall, within two clear days after the reception of any person received therein under this Act, send a copy of the application of such person for admission under which such person is so received by any such licensee, to the clerk of the local authority and to the Secretary of State.

Power of discharge.                                                                        12. Any person admitted into any retreat under this Act may, at any time thereafter, be discharged by the order of a justice, upon the request in writing of the licensee of the retreat, if it shall appear to such justice to be reasonable and proper.

Inspection of Retreats.
Inspector and Assistant Inspector of Retreats may be appointed by the Secretary of State.  13. The Secretary of State may from time to time appoint such person as he shall think fit, who may hold office during his pleasure, and shall be styled “the Inspector of Retreats.”

The Secretary of State may also, if it appears to him and to the Treasury necessary for the due execution of this Act, from time to time appoint a fit person as “Assistant Inspector of Retreats,” who shall also hold office during his pleasure, and every person so appointed shall have such of the powers and duties of the Inspector of Retreats as the Secretary of State may from time to time prescribe.

The Secretary of State may assign to the Inspector of Retreats and Assistant Inspector of Retreats such salaries or remuneration and allowances as he may, with the consent of the Treasury, think proper; the said salaries, remuneration, and allowances, and the expenses of the Inspectors of Retreats, and Assistant Inspectors of Retreats, in carrying out the provisions of this Act, to such amount as is allowed by the Treasury, shall be paid out of moneys provided by Parliament in that behalf.

License to bear stamp. Fees to be accounted for to local anthority.                        14. Every license granted in pursuance of this Act shall be subject to a duty, and be impressed with a stamp of five pounds, and ten shillings for every patient above ten whom it is intended to admit into the retreat, and every renewal of a license shall be impressed with a stamp of the same amount. The said sums shall be deemed to be stamp duties and be under the management of the Commissioners of Inland Revenue; and all enactments for the time being in force relating to stamp duties and to dies, plates, and other implements provided for the purpose of stamp duties, including all enactments relating to forgery and frauds relating to stamp duties, shall apply accordingly. All expenses incurred by the local authority in connexion with any application for the granting, renewing, or transferring of such license shall be borne by the applicant, together with the stamp and fee for the license; and all fees for licenses and for searches, if any, under this Act, shall be paid over to the clerk for the local authority.

Inspection of retreats.                                                                    15. Every retreat shall, from time to time, and at least twice in each year, be inspected by the Inspector or Assistant Inspector of Retreats. The Secretary of State may at any time, on the recommendation of the Inspector or Assistant Inspector of Retreats, or in his own discretion, order the discharge of any person detained in any retreat.

Annual return by Inspector.                                                                16. The Inspector of Retreats shall, in the month of January in each year, present to the Secretary of State a general report setting forth the situation of each retreat, the names of the licensees, and the number of habitual drunkards who have been admitted and discharged or who have died during the past year, with such observations as he shall think fit as to the results of treatment and the condition of the retreats. The Secretary of State shall lay such report, together with the rules, before Parliament.

Rules as to management of retreats                                                         17. The Secretary of State may from time to time make rules for the management of a retreat, and may from time to time cancel or alter such rules.

Any person who contravenes or fails to comply with any of such rules for the management of a retreat shall be deemed to be guilty of an offence against this Act.

A printed copy of rules purporting to be the rules of a retreat, signed by the Inspector or Assistant Inspector of Retreats, shall be evidence of such rules of the retreat.

Judge of High Court of Justice, &c. may make orders to inspect.                            18. A Judge of the High Court of Justice, on an application ex-parte at chambers, or a County Court Judge, within whose district the retreat is situated, may at any time, by order under his hand, authorise and direct any person or persons to visit and examine a person detained in a retreat under this Act, and to inquire into and report on any matters which such judge may think fit in relation to the person so detained. The judge on receiving such report, may, if he shall think fit, order the discharge of any person so detained from any such retreat.

Leave of Absence from Retreat.
Permission that person detained may reside out of retreat.                                 19. A Justice of the Peace, at the request of a licensee of a retreat, may at any time after the admission into a retreat of an habitual drunkard, by license under his hand permit such habitual drunkard to live with any trustworthy and respectable person named in the license willing to receive and take charge of him for a definite time for the benefit of his health.

Such a license shall not be in force for more than two months, but may at any time before the expiration of that period be renewed for a further period not exceeding two months, and so from time to time until the habitual drunkard’s period of detention has expired.

Absence to be reckoned in time of detention.                                               20. The time during which an habitual drunkard is absent from a retreat under such a license shall, except where the license is forfeited or revoked as herein-after provided, be deemed to be part of the time of his detention in such retreat. Where such license is forfeited or revoked, the time during which such habitual drunkard was so absent from the retreat shall be excluded in computing the time during which he may be detained in the retreat.

Habitual drunkard may forfeit leave of absence.                                            21. An habitual drunkard absent from a retreat under such a license, who escapes from the person in whose charge he is placed as aforesaid, or who refuses to be restrained from drinking intoxicating liquors, shall be considered ipso facto to have forfeited the license, and may be taken back to the retreat as herein-after provided. . . .

Revocation of leave of absence.                                                            22. Any such license may be revoked at any time by the Secretary of State on the recommendation of the Inspector or Assistant Inspector of Retreats, or by the Justice of the Peace by whom such license may have been granted, by writing under his hand, and thereupon the habitual drunkard to whom the license related shall return to the retreat.

Offences.
Offences by licensees of retreats.                                                         23. If any licensee of any retreat knowingly and wilfully fails to comply with the provisions of this Act, or neglects or permits to be neglected any habitual drunkard placed in the retreat in respect of which he is licensed, or does anything in contravention of the provisions of this Act, he shall be deemed guilty of an offence against this Act.

Offences by officers, servants, and other persons.                                         24. If any person does any of the following things,—
(1.) Ill-treats, or, being an officer, servant, or other person employed in or about a retreat, wilfully neglects, any habitual drunkard detained in a retreat;
(2.) Induces or knowingly assists an habitual drunkard detained in a retreat to escape therefrom;
(3.) Without the authority of the licensee or the medical officer of the retreat (proof whereof shall lie on him) brings into any retreat, or, without the authority of the medical officer of the retreat, except in case of urgent necessity, gives or supplies to any person detained therein, any intoxicating liquor, or sedative narcotic, or stimulant drug or preparation,
he shall be deemed guilty of an offence against this Act.
Offences by habitual drunkards while detained in retreats.                                 25. If an habitual drunkard while detained in a retreat, wilfully neglects or wilfully refuses to conform to the rules thereof, he shall be deemed guilty of an offence against this Act, and shall be liable upon summary conviction to a penalty not exceeding five pounds, or, at the discretion of the court, to be imprisoned for any period not exceeding seven days, and at the expiration of his imprisonment (if any) for such offence he shall be brought back to such retreat, there to be detained for curative treatment until the expiration of his prescribed period of detention in the retreat, and in reckoning such period the time during which such person was in prison shall be excluded from computation.

Apprehension of habitual drunkard escaping from retreat.                                   26. If an habitual drunkard escapes from a retreat, or from the person in whose charge he has been placed under license as herein-before mentioned, it shall be lawful for any justice or magistrate having jurisdiction in the place or district where he is found, or in the place or district where the retreat from which he escaped is situate, upon the sworn information of the licensee of such retreat, to issue a warrant for the apprehension of such habitual drunkard at any time before the expiration of his prescribed period of detention; and such habitual drunkard shall, after apprehension, be brought before a justice or magistrate, and may, if such justice or magistrate should so order, be remitted to the retreat from which he had so escaped.

Proceedings on death of person detained.                                                   27. In the case of the death of any person detained in any retreat a statement of the cause of the death of such person, with the name of any person present at the death, shall be drawn up and signed by the principal medical attendant of such retreat, and copies thereof, duly certified in writing by the licensee of such retreat, shall be by him transmitted to the coroner and to the registrar of deaths for the district, and to the clerk of the local authority, and to the person by whom the last payment was made for the deceased, or one at least of the persons who signed the statutory declaration under section ten of this Act.

Penalty for neglect or omission.
Every medical attendant who shall neglect or omit to draw up and sign such statement as aforesaid, and every licensee of a retreat who shall neglect or omit to certify and transmit such statement as aforesaid, shall be deemed guilty of an offence against this Act.

Penalty for offence against Act.                                                           28. Any person, not being an habitual drunkard detained in a retreat, who is guilty of an offence against this Act to which no other penalty is affixed, shall be liable, on summary conviction, to a penalty not exceeding twenty pounds, or, at the discretion of the Court, to be imprisoned for any term not exceeding three months with or without hard labour.

Summary Jurisdiction Acts.                                                                 29. The Summary Jurisdiction Acts shall apply to all offences in respect of which jurisdiction is given to any court of summary jurisdiction by this Act, or which are directed to be prosecuted, enforced, or made before a court of summary jurisdiction, or in a summary manner, or upon summary conviction.

Appeals.                                                                                30. In England, if any person thinks himself aggrieved by any conviction or order of a court of summary jurisdiction, he may appeal therefrom, subject to the conditions and regulations following:
(1.) The appeal shall be made to the next court of quarter sessions for the county, borough, or place in which the cause of appeal has arisen, held not less than fifteen days and (unless adjourned by the court) not more than four months after the conviction or order appealed from:

. . . . . . . . . .
Limitation of actions.                                                                     31. Any action against any person for anything done in pursuance or execution or intended execution of this Act shall be commenced within two years after the thing done, and not otherwise.

Notice in writing of every such action and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the action.

Miscellaneous.
Time under 9 & 10 Vict. c. 66. s. 1.                                                       32. The time during which a person is detained in a retreat shall for all purposes be excluded in the computation of time mentioned in section one of the Poor Removal Act, 1846, as amended by any other Act.

No forfeiture for non-fulfilment of condition of residence.                                33. Persons who hold their estates, being other than ecclesiastical benefices, subject to any condition of residence shall not incur any forfeiture through being detained in any retreat.

Fees to be prescribed.                                                                     34. The Secretary of State may, subject as herein mentioned, prescribe the fees to be paid in carrying out the provisions of this Act.

Scotland.
Application of Act to Scotland.                                                            35. In the application of this Act to Scotland the following provisions shall have effect:
20 Geo. 2 c. 43.
(1.) The term “sheriff” includes sheriff substitute:
(2.) All penalties for offences under this Act shall be recovered with expenses, in a summary manner before the sheriff at the instance of the procurator fiscal of court:
(3.) An appeal against a conviction or order of a court of summary jurisdiction under this Act shall be to the High Court of Justiciary in the manner and under the rules, limitations, and conditions contained in the Heritable Jurisdictions (Scotland) Act, 1746, or as near thereto as circumstances admit; with this variation, that the appellant shall find caution to pay the fine and expenses awarded against him by the conviction or order appealed from, together with any additional expenses awarded by the court dismissing the appeal:
(4.) The jurisdiction and authority conferred on a county court judge under this Act in England may in Scotland be exercised by a sheriff.

Ireland.
Application of Act to Ireland.                                                             36. In the application of this Act to Ireland the following provisions shall take effect:.

14 & 15 Vict. c. 93.
40 & 41 Vict. c. 56.
(1.) An appeal against a conviction or order of a court of summary jurisdiction shall, within the police district of Dublin metropolis, be made in manner prescribed or allowed by the Acts regulating the powers and duties of justices of the peace for such district, and as regards other places in Ireland in accordance with the provisions of the Petty Sessions (Ireland) Act, 1851, and any Act or Acts affecting or amending the same, or as nearly in accordance with their several Acts in each case as the circumstances will permit:
(2.) All fees for licenses and searches, and other fees, if any, under this Act, shall be paid over to the clerk of the local authority, and in every case in which such clerk is a clerk of the peace, or temporary clerk of the peace, shall be receivable by him for his own use, but in every case in which such clerk is a clerk of the Crown and peace, shall be accounted for by him in the same way as fees payable to him under the provisions of the County Officers and Courts (Ireland) Act, 1877.

The SCHEDULES referred to in the above Act.
[First Schedule rep. 61 & 62 Vict. c. 60. s. 28.]
The [1] SECOND SCHEDULE.
Sects. 4 , 6 , 10 .
Form No. 1.
Application for License of Retreat.
The Habitual Drunkards Act, 1879.
To the justices of the peace for the county [or borough] of [
[or as the case may be].
I, the undersigned, hereby apply for a license for the house described below, as a retreat for the reception of male [or female, or male and female] persons being habitual drunkards within the meaning of the above-mentioned Act, to be detained and treated as patients therein.

And I, the undersigned, undertake to reside in the house and give my personal attention to the management, care, and treatment of the patients.

Witness                   (Signed)
Name ____________         Name ____________
Address ____________      Address ____________
Description ____________  Description ____________
[House to be described with the following (among other) particulars; and a plan on a scale of not less than one-eighth of an inch to a foot to accompany the description and be referred to therein:—
a. Dimensions of every room.
b. Arrangements for separation of sexes.
c. Quantity of land available for exercise and recreation of patients.
d. Extent of applicant’s interest in the house].
Rules.
1. An application may include two or more houses belonging to the same person or persons, provided no one of the houses is separated from another or others of them otherwise than by land in the same occupation and by a road, or in either of those modes.
2. The application is to be made not less than ten days before the sessions or meeting at which it is to be considered.
3. The clerk of the local authority is to give notice of the application having been made, by advertisement published in a newspaper circulating in the district of the local authority six days at least before the same sessions or meeting.

Form No. II.
License.
The Habitual Drunkards Act, 1879.
County [or borough] of                                                                                {  This is to certify that in pursuance of the abovementioned Act the justices of the peace acting in and for the county [or borough] of [or as the case may be], in
general or quarter (or special) sessions assembled, upon the application of A.B., a copy of which application is indorsed on this license, have licensed and do hereby license the said A.B. to use the house described in that application for the reception of persons being habitual drunkards, as follows; namely, male [or female, or male and female] patients for from this date.

Dated this day of 18
(Signed) __________________
Clerk of the Local Authority.
Rules.
1. A fee of ten shillings is to be paid for the license.
2. The clerk of the local authority, within ten days after a license has been granted, is to give notice of the granting thereof by advertisement published in a newspaper circulating in the district of the local authority and is to send a copy of the license to the Secretary of State.

Form No. III.
Request for Reception into Retreat
The Habitual Drunkards Act, 1879
To
I, the undersigned, hereby request you to receive me as a patient in your retreat at in accordance with the above-mentioned Act, and I undertake to remain therein for at least, unless sooner duly discharged, and to conform to the regulations for the time being in force in the retreat.

The above named signed this application in our presence, and at the time of his [or her] so doing we satisfied ourselves that he [or she] was an habitual drunkard within the meaning of the Habitual Drunkards Act, 1879, and stated to him [or her] the effect of this application, and of his [or her] reception into the retreat, and he [or she] appeared perfectly to understand the same.

Dated this day of .
Justices of the Peace for the county [or borough] of
Witness’s      Applicant’s
Name in full.  Name in full.
Address.       Address.
Description.   Description.
[1 So much of ss. 3, 10 as provides that the signature of an habitual drunkard applying to be admitted to a retreat shall be attested by two justices of the peace having jurisdiction under the Summary Jurisdiction Act in the place where the matter requiring the cognizance of a justice arises is repealed, and such attestation may be that of any two justices of the peace, 51 & 52 Vict. c. 19. s. 4. By 61 & 62 Vict. c. 60. s. 16 one justice is substituted for two justices in s. 10 of this Act as the attesting authority to the signature of an applicant.]

[1 Substituted for thirteen months by 61 & 62 Vict. c. 60. s. 15.]

[2 The second Schedule and the references thereto in ss. 6, 10 are rep. as from the date at which new forms substituted under 61 & 62 Vict. c. 60 come into effect; see s. 28 of that Act.]

[1 See notes to ss. 3, 6.]
[2 Substituted for twelve months by 61 & 62 Vict. c. 60. s. 16.]

[1 See note 2 to s. 6.]


[5 th May, 2015]
Be it enacted by the Oireachtas as follows:
Interpretation
1. In this Act—
“an tÚdarás” means An tÚdarás um Ard-Oideachas;
“Appeals Board” shall be construed in accordance with section 5 ;
“authorised provider” has the meaning assigned to it by section 2 (5);
“education provider” means a person in the State who provides a programme of education and training;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“Minister” means the Minister for Education and Skills;
“specified purpose” means a purpose specified under section 2 (3);
“university authorisation” has the meaning assigned to it by section 2 (1) ;
“Act of 1997” means the Universities Act 1997 .
Authorisation to describe education provider as university
2. (1) Subject to subsection (2), an education provider authorised by or under an enactment to make awards to at least doctoral degree level in the State, where those awards are recognised at that level within the National Framework of Qualifications, may apply to the Minister for authorisation (in this Act referred to as a “university authorisation”) to describe the provider as a university outside the State for specified purposes.
(2) Subsection (1) shall not apply to an education provider which has delegated authority to make an award in accordance with section 53 of the Qualifications and Quality Assurance (Education and Training) Act 2012 .
(3) The specified purposes are—
(a) marketing—
(i) programmes of education and training provided by the authorised provider, or
(ii) research services of the authorised provider,
or
(b) to enter into an arrangement with any person outside the State for the purposes of participating in a collaborative project relating to—
(i) the provision of a programme of education and training where the programme is provided in whole or in part by the authorised provider, or
(ii) research services of the authorised provider.
(4) An education provider which is granted a university authorisation under this section shall not describe itself, or cause itself to be described, as a university otherwise than—
(a) outside the State, and
(b) for a specified purpose.
(5) The Minister shall, following consultation with an tÚdarás, within 3 months of receipt of an application from an education provider under subsection (1) , determine that application by—
(a) subject to subsection (6) , granting the university authorisation to the provider (in this Act referred to as an “authorised provider”) where that provider satisfies the requirements for authorisation specified in subsection (8), or
(b) refusing to grant the university authorisation to the provider where that provider does not satisfy the requirements for authorisation specified in subsection (8).
(6) The Minister may, at the time of granting a university authorisation to an education provider, by notice in writing to that provider, impose such conditions (if any) as he or she considers appropriate in relation to the use by that provider of that university authorisation.
(7) An education provider shall comply with conditions imposed under subsection (6).
(8) The requirements for authorisation referred to in subsection (5) are—
(a) that the Minister is satisfied that the education provider is authorised by or under an enactment to make awards to at least doctoral degree level in the State and that those awards are recognised at that level within the National Framework of Qualifications, and
(b) that at least 40 per cent of the total number of students in programmes of education and training provided by that education provider in the State are—
(i) from outside the Member States, and
(ii) lawfully in the State primarily to receive education and training.
(9) Where the Minister refuses to grant a university authorisation to an education provider under subsection (5)(b), the Minister shall inform the provider by notice in writing of his or her refusal and state the reasons for that refusal.
(10) An education provider may appeal against—
(a) the imposition of one or more conditions imposed under subsection (6), or
(b) a refusal to grant university authorisation to the provider under subsection (5)(b),
within 30 days of the service of the notice under subsection (6) or subsection (9) as the case may be.

(11) An appeal under subsection (10) shall be made by notice in writing to the Minister who shall, on receipt of that appeal, cause an Appeals Board to be appointed in accordance with section 5 to determine that appeal.
(12) Subject to subsection (13), the Minister may apply to the High Court for an injunction to restrain an education provider—
(a) which does not have a university authorisation under this section, or
(b) from which a university authorisation has been withdrawn under section 4 ,
from describing itself, or causing itself to be described, as a university for any purpose.

(13) Subsection (12) shall not apply in respect of an education provider—
(a) referred to in any of paragraphs (a) to (e) of subsection (1) of section 4 of the Act of 1997, or
(b) which in accordance with section 52(1) of the Act of 1997—
(i) is established and described as a university before the 30th July 1996, or
(ii) has obtained the approval of the Minister under that section.
(14) In this section, “student”, in relation to an education provider, means a person registered as a student by the education provider.

Review of authorisation
3. (1) An tÚdarás may, by notice in writing, request information from an authorised provider in relation to the use by that provider of the university authorisation.
(2) An authorised provider shall provide the information requested by an tÚdarás under subsection (1) within such time period as an tÚdarás shall specify in the notice.
(3) An tÚdarás may at any time review an authorised provider to ensure that the provider is—
(a) not describing itself, or causing itself to be described, as a university in the State or for a purpose other than a specified purpose, and
(b) complying with any conditions imposed under section 2 (6).
(4) Where, upon consideration of information received under subsection (2) or following a review under subsection (3), an tÚdarás considers that an authorised provider is—
(a) describing itself, or causing itself to be described, as a university in the State or for a purpose other than a specified purpose, or
(b) not complying with a condition imposed under section 2 (6),
it shall inform the Minister by notice in writing of its opinion and the reasons for its opinion.

(5) Where in relation to an authorised provider—
(a) the Minister receives a notice from an tÚdarás under subsection (4), or
(b) it otherwise comes to the notice of the Minister that the provider is, or may be—
(i) describing itself, or causing itself to be described, as a university in the State or for a purpose other than a specified purpose, or
(ii) failing to comply with a condition imposed under section 2 (6),
the Minister may give a direction in writing to the provider concerned to cease such use or to comply with such condition as the case may be.

(6) An authorised provider shall comply with a direction given to it under subsection (5).

Withdrawal of authorisation
4. (1) An tÚdarás may at any time review an authorised provider to ensure that the provider—
(a) complies with a direction given under section 3 (5),
(b) continues to meet the requirements for authorisation specified in section 2 (8).
(2) An tÚdarás may, by notice in writing, request information from an authorised provider in relation to any of the matters specified in subsection (1) and the provider shall provide the information requested by an tÚdarás within such time period as an tÚdarás shall specify in the notice.
(3) Where following a review under subsection (1), or upon consideration of information received from an authorised provider under subsection (2), an tÚdarás considers that an authorised provider—
(a) has failed to comply with a direction given under section 3 (5), or
(b) has ceased to meet any of the requirements for authorisation specified in section 2 (8),
it shall inform the Minister by notice in writing of its opinion and the reasons for its opinion.

(4) Subject to subsections (5), (6) and (7), where in relation to an authorised provider—
(a) the Minister receives a notice from an tÚdarás under subsection (3), or
(b) it otherwise comes to the notice of the Minister that the provider—
(i) has failed to comply with a direction given under section 3 (5) or
(ii) has ceased to meet any of the requirements for authorisation specified in section 2 (8),
the Minister may, following consultation with an tÚdarás, withdraw a university authorisation from that provider.

(5) Where the Minister proposes to withdraw a university authorisation under subsection (4) he or she shall, by notice in writing to the authorised provider concerned, inform the provider that he or she proposes to withdraw that authorisation and state the reasons for the proposed withdrawal.
(6) A notice under subsection (5) shall state that the authorised provider may make representations in writing to the Minister in relation to the reasons for the proposed withdrawal set out in the notice not later than one month after the service of the notice on the provider.
(7) Where, after consideration of representations (if any) made to the Minister in accordance with subsection (6), the Minister considers for the reasons stated in the notice that university authorisation should be withdrawn, the Minister shall withdraw that authorisation by notice in writing to the provider concerned from such date as he or she considers appropriate and as is specified in the notice which date shall not be earlier than the end of the period within which an appeal may be brought under subsection (8).
(8) Where the Minister withdraws a university authorisation under subsection (7) the education provider concerned may appeal against that decision within 30 days of the service of the notice under that subsection.
(9) An appeal under subsection (8) shall be made by notice in writing to the Minister who shall, on receipt of that appeal, cause an Appeals Board to be appointed in accordance with section 5 to determine that appeal.
(10) The withdrawal of authorisation under subsection (7) shall take effect—
(a) where no appeal is made under subsection (8), on the date specified in the notice under subsection (7), or
(b) where an appeal is made under subsection (8), on the date specified by the Appeals Board under section 5 (14).

Appeals Board
5. (1) The Minister shall, within 7 days of receipt of a notice of appeal under section 2 (11) or section 4 (9), request nominations from Quality and Qualifications Ireland for persons to appoint to an Appeals Board.
(2) As soon as practicable, and in any event not later than 42 days after the Minister’s request under subsection (1), Quality and Qualifications Ireland shall nominate the following persons for appointment:
(a) 2 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, one of whom shall be the chairperson of and one of whom shall be an ordinary member of the Appeals Board; and
(b) one person to be an ordinary member of the Appeals Board who is either a practising solicitor with not less than 10 years’ experience or a practising barrister with not less than 10 years’ experience.
(3) (a) An employee or member of Quality and Qualifications Ireland shall not be appointed under subsection (2)(a).
(b) A solicitor or barrister who is in the full-time service of the State shall not be appointed under subsection (2)(b).
(4) The Minister shall appoint the persons nominated under subsection (2) to an Appeals Board for the purposes of hearing the appeal which is the subject of the notice of appeal under subsection (1).
(5) The chairperson and ordinary members of an Appeals Board shall be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.
(6) The Minister may furnish such support of an administrative nature to an Appeals Board as the Minister in his or her opinion determines is necessary to enable the Board to perform its functions.
(7) An Appeal Board—
(a) shall establish procedures to be followed regarding the making of submissions to the Board and the form of those submissions, and
(b) may establish procedures to be followed regarding—
(i) the holding of a hearing,
(ii) the examination by the Board of parties to an appeal,
(iii) requests for information for the purposes of an appeal and for the provision of such information, and
(iv) any other matter which the Board considers appropriate for the proper performance of its functions.
(8) For the purposes of an appeal for which the Appeals Board is appointed, the Board shall request written submissions from the education provider making the appeal and the Minister and the provider and the Minister shall furnish the submissions to the Board within the time period specified in the request.
(9) An Appeals Board shall consider written submissions made by the education provider making the appeal and made by the Minister in relation to the appeal and, where the Board considers it appropriate to do so, it may hold such hearings as it considers necessary for the determination of an appeal.
(10) An Appeals Board may request such information from an tÚdarás, the Minister or the provider making an appeal as the Board considers necessary to assist it in determining an appeal and an tÚdarás, the Minister or the provider concerned, as the case may be, shall provide that information within the time period specified in the request.
(11) If a hearing is held under subsection (9)—
(a) each of the parties to the appeal is entitled to be heard at the hearing, and
(b) the Appeals Board may adjourn the hearing of a matter at any stage in the proceedings until a date specified by the Board.
(12) A decision of a majority of the members of an Appeals Board shall suffice for any purpose.
(13) The Appeals Board shall determine an appeal as soon as practicable after the Board has completed its consideration of the appeal which shall be a determination to—
(a) affirm the Minister’s refusal or withdrawal, as the case may be, or
(b) quash the decision of the Minister and direct the Minister, for stated reasons, to reconsider his or her decision.
(14) Where the Appeals Board makes a determination under subsection (13)(a) to affirm the Minister’s withdrawal of authorisation, it shall at the same time specify the date from which the withdrawal shall take effect.
(15) An Appeals Board shall notify the education provider which brings the appeal and the Minister of its determination under subsection (13), and of the date specified under subsection (14) (if applicable), as soon as practicable after the Board makes its determination.
(16) Where the Appeals Board makes a determination under subsection (13)(b) the Minister shall reconsider his or her decision within 30 days of receipt of notification from the Appeals Board under subsection (15).
(17) An Appeals Board shall be independent in the performance of its functions.
(18) In this section, “Quality and Qualifications Ireland” means the Qualifications and Quality Assurance Authority of Ireland.

Amendment of section 52 of Universities Act 1997
6. Subsection (1) of section 52 of the Act of 1997 is amended by the substitution of “Subject to section 2 of the Education (Miscellaneous Provisions) Act 2015 or except” for “Except”.

Refusal of access to certain information
7. The Education Act 1998 is amended by the substitution of the following section for section 53 (amended by section 5 of the Education (Miscellaneous Provisions) Act 2007 )—
“53. (1) Notwithstanding any other enactment, the Minister may refuse access to information specified in subsection (4) (in this section referred to as the ‘specified information’).

(2) The Minister may, following consultation with the Minister for Public Expenditure and Reform, by regulations prescribe a public body for the purposes of this section.
(3) Notwithstanding any other enactment, where a public body stands prescribed for the time being under subsection (2) that public body shall refuse access to the specified information unless the Minister—
(a) consents to the public body granting access to that information, or
(b) directs the public body to grant access to that information.
(4) The specified information is any information—
(a) which would enable the compilation of information (that is not otherwise available to the general public) in relation to the comparative performance of—
(i) recognised schools in respect of the academic achievement of students, or
(ii) education or training facilities in respect of the academic achievement of learners,
including, without prejudice to the generality of the foregoing—
(I) the overall results or outcomes in any period of time of students in a recognised school or learners in an education or training facility in an examination or assessment, or
(II) the comparative overall results or outcomes in any period of time of students in different recognised schools or learners in different education or training facilities in an examination or assessment,
or
(b) relating to the identity of examiners.
(5) In this section—
‘Act of 2013’ means the Education and Training Boards Act 2013 ;
‘education or training facility’ has the same meaning as it has in the Act of 2013;
‘learner’ has the same meaning as it has in the Act of 2013;
‘public body’ has the same meaning as it has in the Freedom of Information Act 2014 .”.

Amendment of section 7 of Student Support Act 2011
8. Section 7 (1)(d) of the Student Support Act 2011 is amended by the deletion of “, pursuant to a scheme administered by the Minister,”.

Service of documents
9. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;
(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(2) For the purposes of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

Expenses
10. The expenses incurred by the Minister in the administration of this Act shall, to such an extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

Short title, collective citations and commencement
11. (1) This Act may be cited as the Education (Miscellaneous Provisions) Act 2015.
(2) The Universities Acts 1997 and 2006 and section 6 may be cited together as the Universities Acts 1997 to 2015.
(3) The Education Acts 1878 to 2012 and section 7 may be cited together as the Education Acts 1878 to 2015.
(4) The Student Support Act 2011 and section 8 may be cited together as the Student Support Acts 2011 and 2015.
(5) This Act, other than section 7 and section 8 , shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.


Short title.                                                                                1. This Act may be cited as the National Debt and Local Loans Act, 1887.

National Debt.
Permanent annual charge and sums payable thereout.                                                   2.—[Sub-s. (1) rep. 62 & 63 Vict. c. 9, s. 16.]

29 & 30 Vict. c. 39.
(2) There shall be payable as part of the permanent annual charge for the National Debt—
(a) All such perpetual and terminable annuities, and the interest on all such Exchequer Bonds and other debts as are specified in part one of the First Schedule to this Act; and
(b) All interest on advances made by the Bank of England or the Bank of Ireland in pursuance of section twelve of the Exchequer and Audit Departments Act, 1866; and
(c) The interest on all loans borrowed under any Act on account of ways and means; and
(d) The annual amounts payable for the time being to the Bank of England and Bank of Ireland for the management of, or expenses connected with, the National Debt, or any part thereof.
(3) There shall not be payable as part of the permanent annual charge for the National Debt—
(a) the deferred annuities, or the interest on the Exchequer bonds, specified in part two of the First Schedule to this Act; or
(b) any annuities or the interest on any Exchequer bonds, Exchequer bills, Treasury bills, or other loans created, issued, or borrowed under any Act passed after the passing of this Act, which does not direct the same to be payable as part of the said permanent annual charge.

[S. 3 rep. 8 Edw. 7. c. 49 (S.L.R.).]
Exchange of sets of annuities terminating in 1889, 1894, and 1899, for longer terminable annuities.  4.—(1) The Treasury may exchange the existing sets of terminable annuities created in pursuance of section two of the National Debt Act, 1883, for such new terminable annuities, for a period not exceeding fifteen years from the commencement of this Act,[1] as may be of equivalent capital value.

46 & 47 Vict. c. 54.
(2) Such new terminable annuities shall be charged on the Consolidated Fund or the growing produce thereof, and shall be payable as part of the permanent annual charge for the National Debt yearly, half-yearly, or quarterly, at such times in each year as may be fixed by the warrant creating them.
(3) An annuity created under this section shall be periodically adjusted in manner provided by section four of the National Debt Act, 1883, and for that purpose may be increased or reduced, and the National Debt Act, 1883, shall apply for the purpose of the adjustment of a terminable annuity created under this section.

Amendment of 38 & 39 Vict. c. 45, s. 5, as to application of old sinking fund.                       5. [Preamble recites 45 & 46 Vict. c. 72, s. 21, and refers to the capital debt due from the National Debt Commissioners to friendly societies (in this section referred to as the friendly societies debt).]

The old sinking fund, in addition to the mode of application authorised by the Sinking Fund Act, 1875, and any Act amending the same, may be applied in payment to the National Debt Commissioners of the friendly societies debt or any part thereof, and the provisions of that section with respect to the investment of money in the hands of the National Debt Commissioners on account of friendly societies shall apply to the investment of any money paid to them in pursuance of this section.

Provision of Money for Local Loans.
Advance by National Debt Commissioners of money authorised by Parliament for Local Loans.            6.—(1) When Parliament has authorised the advance of any money for the purpose of loans by the Public Works Loan Commissioners, or by the Fishery Board for Scotland, or by the Commissioners of Public Works in Ireland, or by the Irish Land Commissioners, or for the purpose of similar loans by the Treasury, (all which loans are in this Act referred to as Local Loans,) the National Debt Commissioners shall from time to time issue to the said respective Commissioners or Board, or the Treasury, for the purpose of the loans, such sums as may be for the time being required for that purpose, not exceeding in the aggregate, in the case of each of the respective Commissioners and the Board and the Treasury, the amount authorised by Parliament.

(2) If the Act authorising such advance of money fixes a period during which the money is to be issued, the said money shall be issued by the National Debt Commissioners during that period and not subsequently.
(3) For the purpose of passing an annual Act of Parliament authorizing advances under this section, the National Debt Commissioners shall not less than two months before the commencement of every financial year send to the Treasury an estimate of the sums required to be issued for local loans in that year for the advance of which an annual Act is necessary.
(4) The enactments for the time being in force for the regulation of the said Commissioners and Board, and the money at their disposal, and their securities and the proceedings thereon shall, so far as they are consistent with this Act, respectively apply in the case of money issued to those Commissioners and Board in pursuance of this Act.

Establishment of Local Loans Fund and payments of Local Loans thereto.                               7.—(1) There shall be established a Local Loans Fund under the control of the National Debt Commissioners, consisting of such securities and money and applicable to such purposes as are provided by this Act.

(2) There shall be paid to the National Debt Commissioners in such manner as the Treasury from time to time direct, and carried to the Local Loans Fund, all sums paid or applicable in or towards the discharge of the principal or interest of any Local Loan granted either before or after the passing of this Act, or of any other sum due in respect of such loan, except as otherwise in the Second Schedule to this Act specified; but where any security for a loan is enforced by taking possession, sale, levy of a rate, or otherwise, the net receipts only shall be paid to the National Debt Commissioners in pursuance of this section.
(3) Accounts shall be kept distinguishing the receipts and expenditure of the Local Loans Fund in respect of capital and in respect of income.

Constitution of Local Loans stock.                                                                   8. [1] —(1) For the purposes of this Act, and subject to the limitations thereof, the Treasury may from time to time create a new class of capital stock consisting of perpetual annuities yielding dividends at the rate of three per cent, per annum on the nominal amount of the capital (which stock is in this Act referred to as Local Loans stock).

(2) Such annuities shall be payable by equal quarterly, dividends at such times in each year as may be fixed by the warrant creating the first portion, of Local Loans stock, and shall be paid out of the Local Loans Fund, and if such fund is insufficient shall to the extent of such insufficiency be charged on and issued out of the Consolidated Fund or the growing produce thereof, and any sum so issued out of the Consolidated Fund shall be repaid to the Consolidated Fund in manner provided by this Act.
(3) The Local Loans stock shall not be redeemable until after the expiration of twenty-five years from the commencement of this Act, but after that date may be redeemed at any time, after not less than one month’s notice, at the rate of one hundred pounds sterling for every hundred pounds of the capital sums in respect of which the annuities are payable, together with the payment of all arrears of such annuities, including the portions which have accrued since the last date for the payment of dividends.
(4) Such notice shall be a resolution of the House of Commons, signified by the Speaker in writing, and printed in the “London Gazette,” and the portion of stock redeemed at one time shall not be less than five million pounds capital stock, but, subject as aforesaid, the mode of redemption shall be determined by an Act to be hereafter passed.
(5) The Local Loans stock created from time to time shall be consolidated with the like stock previously created, and all Local Loans stock shall be transferable in the books of the Banks of England and Ireland in like manner as other stocks of three per cent, perpetual annuities, and shall be subject to the enactments relating to those stocks so far as is consistent with the tenor of those enactments and this Act, so, however, that the said enactments shall not create any further charge on the Consolidated Fund than is created by this Act.
(6) All persons and bodies of persons, including the National Debt Commissioners, having power, whether subject or not to any restrictions or conditions, to invest in any other stock of three per cent. perpetual annuities, shall have power, subject to the same restrictions and conditions (if any), to invest in Local Loans stock.

Creation of Local Loans stock in exchange for securities corresponding to amount of Local Loans.     9. [Preamble.]

(1) The Treasury shall give to the National Debt Commissioners Local Loans stock in exchange for securities held by the said Commissioners on account of trustee savings banks or post office savings banks to an aggregate capital value equivalent to the nominal amount of such Local Loans stock; and the amount of Local Loans stock so given in exchange shall be such nominal amount not exceeding in the whole thirty-seven million two hundred thousand pounds, as may be determined by the Treasury at the time of the exchange to be the amount outstanding in respect of sums issued for Local Loans, and not repaid or written off:
(2) The National Debt Commissioners shall hold the Local Loans stock given to them in exchange, for the same purposes, and subject to the same provisions, for and subject to which they held the securities received from them in exchange.

Exchange of Local Loans stock with the public.                                                       10. The National Debt Commissioners may from time to time give Local Loans stock to any persons or bodies of persons in exchange for other three per cent. perpetual annuities, upon such terms and in such manner as may be from time to time provided by those Commissioners.

Statement of losses.                                                                                11. [Sub-ss. (1) (2) rep. 60 & 61 Vict. c. 51.]

(3) The Treasury shall from time to time lay before Parliament a statement of all losses which the Exchequer suffers by reason of Local Loans, in consequence of an issue out of the Exchequer whether made in respect of the principal of any such loan written off by direction of Parliament, or made for the purpose of paying the dividends on Local Loans stock, or meeting a deficiency in the income account of the Local Loans Fund.

Income of Local Loans Fund.                                                                          12.—(1) All sums paid to the Local Loans Fund on account of the interest of Local Loans shall be considered as income of the Local Loans Fund.

(2) Any money issued out of the Consolidated Fund for the purposes of dividends on the Local Loans stock in any financial year shall be repayable to the Consolidated Fund out of the income during that year of the Local Loans Fund.
(3) The income account of the Local Loans Fund shall be charged with the payments under this Act . . . . in respect of the dividends on Local Loans stock (whether such latter payments were made directly or by way of repayment to the Consolidated Fund), and with such expenses connected with Local Loans stock as the Treasury from time to time direct.

[Sub-s. (4) rep. 60 & 61 Vict. c. 51.]
(5) If it is shown by the income account of the Local Loans Fund for any financial year that the income is less than the expenditure, a sum equal to the deficiency shown by the account shall, so far as the same has not been paid out of the Consolidated Fund, be charged on and issued out of the Consolidated Fund or the growing produce thereof.
(6) All sums issued out of the Consolidated Fund in pursuance of this Act to meet such deficiency, and all sums so issued for the purpose of payment of the dividends on Local Loans stock and not repaid out of the income of the Local Loans Fund, shall be an advance to be repaid out of moneys provided by Parliament.

Capital of Local Loans Fund and creation of stock to supply deficiency.                              13.—(1) All sums paid to the Local Loans Fund on account of the principal of any Local Loan shall be credited in account to the capital of the Local Loans Fund.

(2) All sums credited to the capital account of the Local Loans Fund in respect either of the principal of Local Loans or of an excess on the income account, shall be treated as a sinking fund for the redemption of Local Loans stock, and may be from time to time invested either in advances under this Act or in the purchase of securities in which the National Debt Commissioners are authorised to invest money held by them on account of trustee savings banks or post office savings banks.
(3) The said sinking fund may be from time to time applied for the purpose of the purchase or redemption of Local Loans stock, and Local Loans stock so purchased or redeemed shall be forthwith cancelled.
(4) If at any time there is no part of the said sinking fund which the Commissioners think fit to invest in an advance for Local Loans, and the money otherwise standing to the account of the Local Loans Fund is insufficient to meet the money authorised by Parliament to be advanced for the purpose of Local Loans, and for the time being required for that purpose, the National Debt Commissioners shall certify the same to the Treasury; and thereupon the Treasury shall create such amount of Local Loans stock as appears to them to be required; so, however, that such stock shall not be created in any financial year for raising sums exceeding in the aggregate the amount authorised by Parliament to be advanced during that financial year, after deducting the amount of the said sinking fund which the National Debt Commissioners think fit to invest in advances for Local Loans.
(5) Instead of creating Local Loans stock as aforesaid, the Treasury may authorise the National Debt Commissioners to borrow temporarily on such terms as may be approved by the Treasury from the Bank of England or Bank of Ireland, or out of any cash balances in the hands of the National Debt Commissioners, available for investment under the Acts relating to trustee or post office savings banks or any other Act, the sum required as above mentioned for the purpose of Local Loans, so, however, that the sum so borrowed shall not increase the total amount authorised to be raised by the National Debt Commissioners in any financial year, and either the amount so borrowed shall be repaid out of the moneys standing to the capital account of the Local Loans Fund or the nominal amount of Local Loans stock authorised to be created under this section shall be reduced by an amount equivalent to the sum so borrowed and not repaid, but Local Loans stock may be created for the purpose of such repayment.
(6) Where any sum so temporarily borrowed in any financial year has not been repaid, the Treasury may, in any subsequent financial year, in addition to any amount of Local Loans stock otherwise authorised to be created, create Local Loans stock to such amount as is required to repay the amount so borrowed.
(7) Any authority given by the Treasury, under this section, to borrow any sum shall be sufficient authority to the Banks of England or Ireland, or the National Debt Commissioners, to advance that sum.
(8) All sums raised by the creation of Local Loans stock shall be carried to the Local Loans Fund, and placed to the capital account of that fund.

General provisions as to Local Loans Fund.                                                           14.—(1) Subject to the provisions of this Act, any money for the time being standing to the account of the Local Loans Fund may be applied in payment of any sums charged on such fund and in any advances under this Act for the purpose of Local Loans.

(2) The National Debt Commissioners may from time to time temporarily apply any money standing for the time being to the account of the Local Loans Fund in the purchase of securities in which they are authorised to invest money held by them on account of trustee savings banks or post office savings banks.
(3) As regards any securities which the National Debt Commissioners have, in pursuance of this Act, purchased with moneys standing to the account of the Local Loans Fund or of the sinking fund connected therewith, the income thereof shall be considered as income of the Local Loans Fund, and the National Debt Commissioners may from time to time sell and vary the securities, and the proceeds of any such sale shall be carried to the account to which the moneys with which the securities were purchased were standing at the time of the purchase.

Writing off and payment by Parliament of losses on Local Loans.                                      15.—(1) Where the whole or any part of the principal of any Local Loan is by reason of the same not being likely to be recovered directed by Parliament to be written off from the account of assets of the Local Loans Fund, the amount of such principal shall be treated as a loss to the Exchequer, . . . . but nothing in this section shall alter the liability of any person or body corporate to pay the principal of or interest on any Local Loan, or any part thereof.

(2) Any amount so directed to be written off after the expiration of the current financial year, shall be paid to the National Debt Commissioners out of moneys provided by Parliament, and any sums afterwards recovered, whether for principal or interest in respect of the amount so written off, shall be paid into the Exchequer.
(3) The amounts directed by this section to be paid to the National Debt Commissioners may be paid either in a capital sum, or by means of a terminable annuity for a period not exceeding ten years, to be calculated with interest at the rate of not less than three per cent. per annum.
(4) Any sums so paid to the National Debt Commissioners shall be carried to the Local Loans Fund, and be placed to the capital account of that fund and treated as a sum paid on account of the principal of a Local Loan; but if any sums so paid are paid in respect of a terminable annuity, so much thereof as represents interest shall be placed to the income account of the Loans Fund, and treated as a sum paid on account of the interest of a Local Loan.

Accounts.                                                                                16. The National Debt Commissioners shall keep such accounts for the purposes of this Act, as are required by this Act, and subject thereto, as the Treasury from time to time direct, and those accounts shall be audited by the Comptroller General of the receipt and issue of Her Majesty’s Exchequer and Auditor General of Public Accounts in accordance with such regulations, and the accounts so audited shall be laid before Parliament in such form, as the Treasury from time to time direct.

Supplemental provisions as to exchange and creation of annuities.                                    17. For the purposes of this Act, the following provisions shall have effect:—
42 & 43 Vict. c. 77.
42 & 43 Vict. c. 77.
(1) The exchange of one set of terminable annuities for another set of terminable annuities, and the giving of Local Loans stock to the National Debt Commissioners in exchange for other securities, shall be effected by a warrant of the Treasury to the Bank of England directing them to cancel in their books, as from the date of exchange specified in the warrant, the terminable annuities or securities standing in such names and of such an amount as is mentioned in the warrant, and by the creation (by the same or another warrant) in the same names of such terminable annuities or Local Loans stock as the case requires:
(2) The creation of terminable annuities and Local Loans stock shall be effected by a warrant from the Treasury to the Bank of England, directing them to inscribe in their books as from the date of creation specified in the warrant, terminable annuities of the amount and for the periods mentioned in the warrant, or, as the case requires, Local Loans stock of the amount mentioned in the warrant:
(3) For the purpose of an exchange of securities, advances by the National Debt Commissioners in pursuance of section seven of the Public Works Loans Act, 1879, shall be treated as if the amount of each such advance were the like amount of capital stock of perpetual annuities, but the warrant directing the cancellation thereof shall be addressed to the National Debt Commissioners:
(4) The amount of any annuities or stock to be cancelled or created shall be certified to the Treasury by the National Debt Commissioners under the hands of the Controller General or Assistant Controller and of the Actuary of the National Debt Office:
(5) The equivalent capital value shall, save as otherwise provided by this Act, be calculated as follows:—
(a) In the case of terminable annuities, the capital value of the existing terminable annuities shall be deemed to be their present value ascertained on the basis of the rate of interest yielded by three per cent. perpetual annuities at the average price of the day, as certified by the Bank of England, on the day of the exchange; and, in calculating the capital value of the new annuities, the interest shall be taken at the same rate;
(b) In the case of securities given by the National Debt Commissioners in exchange for Local Loans stock, the capital value thereof, if perpetual annuities, shall be calculated at the average price of the day as certified by the Bank of England on the day of exchange, and if a charge created under the Public Works Loans Act, 1879, shall be the capital amount of such charge:
(6) The date of creation, and the date of exchange, shall respectively be, such day as may be in each case agreed on between the Treasury and the National Debt Commissioners:
(7) The annuities and securities, or any part thereof, directed by any warrant under this Act to be cancelled shall, after the date specified in the warrant, be cancelled, and all payments in respect thereof shall cease:
(8) Any terminable annuity payable to the National Debt Commissioners under this Act in pursuance of an exchange for any other terminable annuities shall, so far as it represents interest, be dealt with as the dividends on the perpetual annuities which were converted into the said terminable annuities would have been applied, and so far as it represents principal, shall be dealt with by them as moneys received on account of trustee or post office savings banks:
(9) The warrants of the Treasury issued in pursuance of this Act shall be a sufficient authority to the Bank of England for doing the things thereby directed.

[S. 18 rep. 55 & 56 Vict. c. 48, s. 8, Sched.]
Definitions.                                                                                19. In this Act, unless the context otherwise requires—
26 & 27 Vict. c. 87.
The expression “perpetual annuities” means the perpetual annuities mentioned in the First Schedule to this Act, or any of such annuities:
The expression “trustee savings bank” means a savings bank to which the Trustee Savings Bank Act, 1863, extends:
The expression “financial year” means the twelve months ending on the thirty-first day of March; and the expression “current financial year” means the financial year in which this Act is passed.

[Ss. 20, 21 rep. 8 Edw. 7. c. 49 (S.L.R.).]

SCHEDULES.
FIRST SCHEDULE.
Part I.
Sect. 2.
Permanent Annual Charge.
Funded Debt:
Charge for Perpetual Annuities:
New 3l. 10s. per Cent. Bank Annuities.
3l. per Cent. Consolidated Bank Annuities.
3l. per Cent. Reduced Bank Annuities.
New 3l. per Cent. Bank Annuities.
2l. 15s. per Cent. Bank Annuities.
2l. 10s. per Cent. Bank Annuities.
Charge for Terminable Annuities:
1. Annuities for life and terms of years, per 29 Geo. 3. c. 41; 48 Geo. 3. c. 142; 10 Geo. 4. c. 24; 3 Will. 4. c. 14; 7 & 8 Vict. c. 83; 16 & 17 Vict. c. 45; 27 & 28 Vict. c. 43; and 45 & 46 Vict. c. 51.
2. Red Sea and India Telegraph Company’s Annuities, expiring 1908, per 25 & 26 Vict. c. 39.
3. Annuities created by the National Debt Act, 1883 (46 & 47 Vict. c. 54) or this Act:
(a) Converted Annuities, representing Annuities which were to expire in 1885, created per 46 & 47 Vict. c. 54, s. 5, and prolonged till 1904, per 48 & 49 Vict. c. 43, s. 2.
(b) Chancery Funds Annuities, expiring in 1904, per 46 & 47 Vict. c. 54, s. 3, subject to adjustment, per ss. 4 and 8 of same Act.
(c) Annuities to be created under this Act (which may be called Savings Banks Annuities of 1887) in lieu of three sets of Annuities of 1,200,000l. each set, expiring in 1889, 1893–4, and 1899, respectively, (called the “Rolling Annuities”) created per 46 & 47 Vict. c. 54, s. 2, subject to adjustment, per ss. 4 and 8 of the same Act.
4. Minor Annuities:
(a) Sinking Fund Annuity, created in 1853 to extinguish nominal increase to capital of debt caused by the conversion of 3 per Cent. Stock into 2½ per Cent. Stock, and expiring in 1894, per 33 & 34 Vict. c. 71, s. 69.
(b) Trustee Savings Banks Deficiency Annuity, created in 1881 and expiring in 1908, per 43 & 44 Vict. c. 36.
(c) Annuity created in 1883 in consideration of the cancellation of Consols and creation of similar amount of 2½ per Cent. Stock, and expiring in 1903, per 26 Vict. c. 14, 46 & 47 Vict. c. 54, and 47 Vict. c. 2.
(d) Sinking Fund Annuity created in 1884, to extinguish nominal increase to capital of debt caused by the conversion of 3 per Cent. Stock into 2¾ and 2½ per Cent. Stock, and expiring in 1934, per 47 & 48 Vict. c. 23, s. 3.

Charge for Interest on—
Exchequer Bonds of 1853, issued under 16 & 17 Vict. c. 23.
Charge for Interest on—
Debt to Bank of England;
Debt to Bank of Ireland.
Unfunded Debt:
Charge for Interest on—
Exchequer Bills authorised before the commencement of this Act;
Treasury Bills authorised before the commencement of this Act.

Part II.
Sect. 2.
48 & 49 Vict. c. 7.
Charges excluded from Permanent Annual Charge.
Deferred annuities contracted for since the passing of the Act 27 & 28 Vict. c. 46 (14th July 1864).

The principal and interest of Exchequer bonds issued for the purpose of—
(a) The purchase of Suez Canal shares, or,
(b) A loan for a railway at the Cape of Good Hope under the Cape of Good Hope (Advance) Act, 1885,
are not to be charged on the permanent annual charge.
Sect. 7.
48 & 49 Vict. c. 7.

SECOND SCHEDULE.
Loans excluded from the Local Loans Fund Account.
Any sums received in respect of—
(a) Suez Canal Shares, or,
(b) Any loan for a railway at the Cape of Good Hope under the Cape of Good Hope (Advance) Act, 1885, or,
(c) Any loan made out of moneys advanced on the security of the Irish Church Fund,
shall not be paid to the Local Loans Fund.
[Third Sched. rep. 8 Edw. 7. c. 49 (S.L.R.).]
[1 But see now 62 & 63 Vict. c. 9, s. 17 (1).]
[1 Amended by 60 & 61 Vict. c. 51; see that Act.]