31 & 32 Vict. c. 60.
WHEREAS by “The Curragh of Kildare Act, 1868,” it was enacted that three commissioners should be appointed to ascertain and decide, amongst others, the following things; namely,
What (if any) rights of common of pasture, rights of way, or other rights (except the rights of the Crown and public rights of way) exist in, over, or affecting the Curragh, or any part thereof, either by grant, charter, or prescription;
To what persons, and for what terms, estates, or interests, the rights aforesaid respectively belong;
What (if any) are the lands in respect of which the rights aforesaid respectively are exerciseable;
What (if any) compensation should be given to any party whose rights are or may be injuriously affected by the said Act; and
What (if any) public rights of way exist in, over, or affecting the Curragh or any part thereof:
And whereas Henry H. Joy, Esquire, one of Her Majesty’s counsel, Alexander Stewart, Esquire, and Edmund A. Mansfield, Esquire, were duly appointed the Curragh Commissioners in manner provided by the said Act, and are hereafter referred to by the term “the Commissioners:”

And whereas the Commissioners, having given the necessary notices and taken the steps required by the said Act, proceeded in discharge of their duties as by the said Act directed, and in pursuance of the provisions of the said Act did hold meetings at such places and at such times as they considered most convenient for the accommodation of claimants and suitors, and did hold such a number of meetings in the neighbourhood of the Curragh as were sufficient for hearing local claimants:
And whereas, after hearing all claimants and suitors in manner by the said Act directed, the Commissioners did decide upon all claims made before them:
And whereas no appeal was made by any claimant or objector admitted to be heard before the Commissioners:
And whereas the Commissioners thereupon, in manner by the said Act prescribed, did on the thirtieth day of June one thousand eight hundred and sixty-nine duly make their award in duplicate, which award is set forth in the schedule to this Act annexed, and did, in accordance with the provisions of the said Act, on the first day of July one thousand eight hundred and sixty-nine, present one part of the said award to the chief secretary to the Lord Lieutenant of Ireland, and did deposit the other part with the clerk of the peace for the county of Kildare, and did also publish a copy of such award once in each of three successive weeks next after the making thereof in the Dublin Gazette and in the Leinster Express, a newspaper circulating in the county of Kildare:
And whereas it is provided by the said Act that “the chief secretary to the Lord Lieutenant shall as soon as conveniently may be after the publication of the said award take all necessary steps for the confirmation of the same by Act of Parliament, and that previously to such confirmation the said award shall not be of any validity whatever:”

And whereas it is expedient that the said award should be so confirmed, and further provision made in relation thereto:
May it therefore please your Majesty that it may be enacted; and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this Parliament assembled, and by the authority of the same, as follows:
Award confirmed.                                                                          1. The award, a copy of which is set forth in the schedule to this Act annexed, is hereby confirmed, and made effectual to all intents and purposes, and shall be as binding and of the like force and effect as if the provisions of the same had been expressly enacted in this Act.

Map deposited with award at office of clerk of the peace to be deemed part of the award.  2. The map referred to in and deposited with the copy of the said award at the office of the clerk of the peace for the county of Kildare on the thirtieth day of June one thousand eight hundred and sixty-nine, showing the rights of way existing in, over, or affecting the Curragh, shall be deemed to be and shall form part of the said award.

Sheep only to be depastured.                                                              3. No animal other than sheep shall at any time after the passing of this Act depasture on the Curragh, or be turned out to depasture thereon.

Sheep to be marked.                                                                       4. No sheep shall depasture on the Curragh, or be turned out to depasture thereon, unless they be respectively marked in a distinctive manner, and according to such regulations as the ranger may from time to time direct.

Power to appoint additional bailiffs.                                                     5. It shall be lawful for the ranger of the Curragh, by and with the sanction of the Lords Commissioners of Her Majesty’s Treasury, to appoint assistant bailiffs (not exceeding four in number) to assist the deputy ranger in the discharge of his duties, and for the protection of the said Curragh, at such salaries and remuneration as may be approved by the said Lords Commissioners of the Treasury.

Hanger to have power of occupier in relation to trespasses.                               6. The ranger of the Curragh shall, for the purpose of preventing the trespass of animals upon the Curragh, have and may exercise all the same rights as if he were the occupier of the same, and shall, for the purposes of section twenty of “The Summary Jurisdiction (Ireland) Act, 1851,” be deemed to be the occupier of the Curragh.

Short title.                                                                              7. This Act may be cited for all purposes as "The Curragh of Kildare Act, 1870."

SCHEDULE to which the foregoing Act refers.
“Curragh of Kildare Act, 1868.”

AWARD OF COMMISSIONERS.
WHEREAS by an Act passed in the session of Parliament in the thirty-first and thirty-second years of Her present Majesty, intituled “An Act to make better provision for the management and use of the Curragh of Kildare,” it is enacted that three commissioners should be appointed to ascertain and decide, amongst other things, the following, namely :—
Wind (if any) rights of common of pasture, rights of way, or other rights (except, the rights of the Crown and public rights of way) exist in, over, or affecting the Curragh, or any part thereof, either by grant, charter, or prescription:
To what persons and for what terms, estates, or interests the rights aforesaid respectively belong:
What (if any) are the lands in respect of which the rights aforesaid respectively are exerciseable:
What (if any) compensation should be given to any party whose rights are or may be injuriously affected by the said Act:
We, the Commissioners duly appointed, having taken the necessary steps and given the notices required by the said Act, and having heard and examined the evidence, oral and documentary, produced before us, do make our award, as follows:—
We have in the first schedule hereunto annexed, to be taken and considered as part of this our award, stated the names of the several persons on whose behalf claims have been made before us under the said Act the townlands (county of Kildare) in which the lands are respectively situate, and in respect of which the claims have been made, the substance of each claim lodged and brought before us, the compensation claimed (if any), and the terms, estates, or interests, and number of acres, Irish plantation measure, in respect of which such claims are made, with our allowance or disallowance, wholly or in part, of such claims respectively.

We find that no rights of persons legally claiming under the said Act are substantially altered, varied, or injuriously affected by the said Act, and as a matter of fact on the evidence adduced before us, that no right to compensation has been established by any of the claimants, either in respect of the site of the camp, or the rifle-ground, or otherwise.

We further find that, from want of proper authority and neglect on the part of those having the care and management of the Curragh, numerous parties have, from time to time, without having any right so to do, pastured sheep on the Curragh, to the prejudice, loss, and injury of those parties who have acquired legal rights to pasture thereon. We find, from the evidence adduced before us, to such an extent has this taken place, that the pasturage of the Curragh has been rendered to a great extent useless, and that many of the persons whose claims to pasture are by this our award allowed have for many years past been deprived of the use of the pasturage on the Curragh, and it does not appear that the persons so deprived ever took any effective steps to remove those who so prejudicially interfered with the pasturage.

We further find that large quantities of sheep manure have been from time to time taken off the Curragh by divers parties without any right or privilege so to do; and that the removal of such manure has practically deteriorated the pasturage of the Curragh to a considerable extent.

We further find on the evidence adduced before us, that the right of use of pasturage for any animals other than sheep is unsustained, and that the pasturage on the Curragh is adapted for sheep only (such pasturage being supplementary to the lands in respect of which same is by this our award allowed); and, for the benefit of those entitled to the enjoyment of pasturage on the Curragh, we award accordingly that such pasturage shall be confined to sheep.

We further award that all persons whose claims of right to the use of a well or pond on the Curragh are by this our award recognised and allowed shall respectively enjoy such right and access to such well and pond in the way and by the means particularly shown in and by a map or plan lodged by us with the clerk of the peace for the county of Kildare.

In pursuance of the provisions of the said Act, and to prevent in future the cutting up and injuring of the pasturage of the Curragh, we prescribe, award, and determine that the specific ways in respect of rights of way (other than public rights of way) in, over, or affecting the Curragh, or any part thereof, shall be in the direction and lines particularly shown in and by the said map or plan so lodged by us in the office of the clerk of the peace for the said county of Kildare; such specific rights of way being those only which we have determined, and do hereby determine, as necessary and proper for convenience of the owners and occupiers of lands in respect of which such rights are exerciseable; and we accordingly award that all rights of way (other than public rights of way) in, over, or affecting the Curragh shall, after this our award be exerciseable only, in, along, or across the specific ways laid out on the said map; and that all ways (other than public ways, and herein-before referred to as such) in, over, or affecting the Curragh, except the specific ways aforesaid, shall be stopped up.

We further award that the tenants and occupiers of the lands in respect of which claims have been made and allowed by this our award are to be considered only as entitled to the common of pasture, rights of way, or other rights by this our award allowed, in right of their several landlords, and so long only as their interests as such tenants and occupiers respectively continue, and that such rights are not transferable apart from the occupation of the lands.

And we do by this our award ascertain and decide that the public rights of way existing in, over, or affecting the Curragh are those mentioned in the second schedule hereunto annexed, and to be taken as part of our award, and particularly shown in the said map.

We further award and determine that there are no other rights in or over the Curragh save those by this our award allowed.

In witness whereof we have this 30th day of June 1869 affixed our signatures hereto.

HENRY H. JOY,
ALEXANDER STEWART, EDMUND A. MANSFIELD,
Curragh Commissioners.

FIRST SCHEDULE.
No. of Claim.                   Names of Claimants.  Townlands.  Substance of Rights and Compensation (where any) claimed.  Term, Estate, or Interest, and Number of Acres (Irish) in respect of which Claim made.  —                                                                                No. of Sheep allowed.

Fee-simple under a Patent granting common of pasture on the Curragh—
A.                   R.          P.
Blackrath                       247                  0           16
Athgarvan                       153                  3           4
Total                           400                  3           20
Yearly tenant for 2a. 2r.                                                               These holdings form part of the 372a. in respect of which James Twigg’s claim has been allowed.                                                                                Allowed pasturage of sheep in respect of 2a. Access to public road allowed, as shown by the map before referred to.  2

Withdrawn.
Allowed (in respect of 305a.) pasturage of sheep for tenants in occupation of claimants’ lands, with reversion of said pasturage to claimants during their tenure; not exceeding 305 sheep.

Allowed pasturage of sheep in respect of 20a. Right of way disallowed. Use of well allowed by access, as shown by the map before referred to.                                                20

Disallowed.
These holdings form part of the 372a. in respect of which James Twigg’s claim has been allowed.

These holdings form part of the 372a. in respect of which James Twigg’s claim has been allowed.

Leaseholder for 14a.
Yearly tenant for 3 ½a
Collicknock, &c.                77a.
Carna, &c.                      110a.
Total                           187a.
Leaseholder, 9a. 3r. 30p.
Leaseholder, 13a. Or. 25p.
Yearly tenant, 8a.
Yearly tenant—

A.
Rahilla                         37
Crocanure Glebe                 18
Total                           55
Owner in fee under a Patent granting commonage on Curragh—

A.
Grey Abbey                      103
White Abbey                     3
Total                           106
Yearly tenant as to part, under Reps. Henry E. Moore.
47a.
Leaseholder                     15a.
62a.
58a.
Leaseholder under R. B. Steele  23a.
81a.
In fee under a Patent granting commonage on the Curragh
R.          P.
133                  1           20
Fee-simple                      267                  3           0
Total                           401                  0           20
At will, 8a.
30th June 1869.
HENRY H. JOY.
ALEX. STEWART, EDMUND A. MANSFIELD,
Curragh Commissioners.

SECOND SCHEDULE.
PUBLIC ROADS NOW EXISTING OVER THE CURRAGH.
No. 1. Road known as the Limerick Road.
No. 2. Road from Ballymanny by the Stand House and Anglesea post, by Ducie’s stables to the Shrod Road.

No. 3. Road from Ballymanny by the Curragh Petty Sessions Court to Athgarvan.

No. 4. Road from Donnelly’s Hollow to a point near the present post office at Ballysax.

No. 5. Road from the Kilcullen Road at Ballysax, past Ballysax Glebe to Kildare Road at French Furze.

No. 6. Road from Ballyshannon Road at Brownstown up to Road No. 5.

No. 7. Road from the corner of Whitehall to Road No. 5.
No. 8. Road from Blackmiller’s Hill to Rathbride.
No. 9. Road from Blackmiller’s Hill to edge of Curragh at Rossmore Lodge.

No. 10. Road from Keegan’s House at Blackmiller’s Hill to join Road No. 8.

No. 11. Road leading from Rathangan Road across the railway bridge to Road No. 2, near the Anglesea post.

No. 12. Road from Pollardstown bridge to Road No. 2.
No. 13. Road from the Newbridge Road, past the National School, to Road No. 3.

No. 14. Road from the road leading to Ballysax Church to Road No. 5.

No. 15. Public right of way on, over, and along the road crossing the site of the camp marked on the deposited map, and thereon distinguished by the letters “X Y,” subject, to the provisions in the 8th section of the Curragh of Kildare Act, 1868.

30th June 1869.
HENRY H. JOY,
ALEXANDER STEWART, EDMUND A. MANSFIELD,
Curragh Commissioners.


Short title.                                                                                1. This Act may be cited as the Inland Revenue Act, 1880.

Interpretation of terms.                                                                                2. In this Act each of the following terms shall have the meaning assigned to it by this section, unless it is otherwise expressly provided, or there is something in the subject or context inconsistent therewith:
“Person” includes a body of persons, whether corporate or unincorporate.

“Beer” includes ale, porter, spruce beer, and black beer, and any other description of beer.[1]

“Brewer” means a brewer of beer.
“Sugar” means any saccharine substance, extract, or syrup, and includes any material capable of being used in brewing except malt or corn.

“Commissioners” means Commissioners of Inland Revenue.
“Collector” means the collector of Inland Revenue for the collection in which the premises of a brewer are situate, and includes a person acting as such collector.

“Officer” means officer of Inland Revenue.
“Proper officer” means the officer of the division or ride in which the premises of a brewer are situate, and includes a person acting as such officer, and also any officer superior in matters of excise to such officer.

“Prescribed” and “approved” mean respectively prescribed or approved by the Commissioners.

[Ss. 3-9 (being Part I.) rep. 57 & 58 Vict. c. 56 (S.L.R)]

PART II.
Brewers and Excise Duty on Beer.
Brewers licence.                                                                                10. (1.) There shall be granted and paid for the use of Her Majesty, the following duties of excise on licences to be taken out annually by brewers in the United Kingdom; (that is to say),
£  s.  d.
On a licence to be taken out by a brewer for sale     1  0   0
[2] On a licence to be taken out by any other brewer  0  6   0
(2.) Every such licence shall be in such form as the Commissioners shall direct, shall, whenever issued, be granted only on payment in full of the duties respectively, and shall expire on the thirtieth day of September in each year.
(3.) If any person shall brew beer without having in force a proper licence under this Act, he shall incur a fine of one hundred pounds, and all worts, beer, and vessels, utensils, and materials for brewing in his possession shall be forfeited.

Excise duty on beer.                                                                                11. There shall be charged, collected, levied, and paid for the use of Her Majesty in respect of beer brewed in the United Kingdom, a duty calculated according to the specific gravity of the worts thereof; that is to say,
Upon every thirty-six gallons of worts of a specific gravity of one thousand and fifty-seven degrees the duty of six shillings and threepence;
and so in proportion for any difference in quantity or gravity.

Equivalent of “bushel of malt” in corn or sugar, and definition of expression.                              12. Forty-two pounds weight of malt or corn of any description, or twenty-eight pounds weight of sugar, shall be deemed the equivalent of a bushel of malt; and the expression “bushel of malt” shall include either of its equivalents, or any quantities of malt, corn, and sugar, or any two of those materials, as by relation to such equivalents shall be equal to a bushel of malt.

Regulations as to charge of duty.                                                                           13. (1.) Every brewer shall be deemed to have brewed thirty-six gallons of worts of the gravity of one thousand and fifty-seven degrees for every two bushels of malt entered or used by him in brewing.

(2.) [1] The duty on beer brewed by a brewer other than a brewer for sale shall be charged on the quantity of worts by relation to materials as aforesaid.
(3.) The duty on beer brewed by a brewer for sale shall be charged in respect of every thirty-six gallons of worts produced of the gravity or original gravity of one thousand and fifty-seven degrees, and so in proportion for any difference in quantity or gravity as entered in the book by the brewer, or as ascertained by the officer, whichever is higher.
(a.) If the amount of worts deemed to have been brewed by relation to materials exceeds in quantity and gravity by more than four per centum the worts produced from such materials, the duty shall be charged in respect of the excess over and above the four per centum.
(b.) In respect of such accidental loss and waste as arises in the brewing of beer, a deduction of six per centum shall be made from the quantity of worts produced.
(4.) Where the materials used in brewing by a brewer for sale are proved to the satisfaction of the Commissioners to be of such a description or nature that some deduction from the quantity chargeable by relation to materials should be made, they shall make such a deduction from that quantity as shall, in their opinion, afford just relief to the brewer.

Mode of ascertaining gravity and quantity.                                                                  14. (1.) An approved saccharometer and tables shall be used to ascertain the quantity by relation to gravity of all worts; and, in calculating the gravity, a degree of gravity shall be taken as equal to one thousandth part of the gravity of distilled water at sixty degrees Fahrenheit.

(2.) The quantity and gravity so ascertained shall be deemed to be the true quantity and gravity of such worts.

Mode of ascertaining original gravity.                                                                      15. When fermentation has commenced in any worts so that the original gravity cannot be ascertained by the saccharometer, such gravity may be determined in the following manner:
(1.) A sample is to be taken from any part of such worts and a definite quantity thereof by measure at the temperature of sixty degrees Fahrenheit shall be distilled:
(2.) The distillate and residue shall each be made up with distilled water to the original measure of the quantity before distillation, and the gravity of each shall be ascertained:
(3.) The number of degrees by which the gravity of the distillate is less than the gravity of distilled water shall be deemed the spirit indication of the distillate:
(4.) The degrees of original gravity standing opposite to such spirit indication in the Table in the first Schedule to this Act added to the specific gravity of the residue shall be deemed to be the original gravity of the worts.

Payment of duty.                                                                                16. The duty on beer shall become due immediately on the same being charged by the officer, but, in the case of a brewer for sale, the Commissioners may cause the charge to be made up at the close of each month in respect of all the brewings during that month, and, in that case, the aggregate of the amounts of worts deemed to be brewed by relation to materials, and the aggregate of the amounts of worts produced shall be treated as worts deemed to be brewed or produced in one brewing, and the Commissioners may, if they think fit, defer the payment of the duty upon such terms as may be prescribed: Provided that the time for payment shall not be later than the fifteenth day of the month succeeding the month in which the duty was charged.

Power to distrain for duties in arrear.                                                                     17. (1.) If any duty payable by a brewer remains unpaid after the time within which it is payable, the collector may, by warrant signed by him, empower any person to distrain all beer, malt, or other materials for brewing, vessels, and utensils belonging to the brewer, or in any premises in the use or possession of the brewer or of any person on his behalf or in trust for him, and to sell the same by public auction, giving six days previous notice of the sale.

(2.) The proceeds of sale shall be applied in or towards payment of the costs and expenses of the distress and sale, and in or towards payment of the duties due from the brewer, and the surplus, if any, shall be paid to the brewer.
(3.) In the event of any beer, malt, or other materials being so distrained, the brewer may, at any time before the day appointed for the sale, remove the whole or any part thereof on paying to the collector, in or towards payment of the duty, the true value of the beer, malt, or other materials.

Loss by fire, &c.                                                                                18. When any materials upon which a charge of duty has been made, or any worts or beer, shall be destroyed by accidental fire or other unavoidable cause, while the same are on the entered premises of a brewer, the Commissioners shall, on proof of such loss to their satisfaction, remit or repay the duty charged or paid.

As to Brewers for Sale.
Certain persons to be deemed brewers for sale.                                                              19. Any person who brews beer for the use of any other person at any place other than the premises of the person for whose use the beer shall be brewed, and any person licensed to deal in, or retail, beer, who brews beer, shall be deemed to be a brewer for sale.

A brewing book to be delivered to brewers for sale and provisions to be observed in relation thereto.       20. A book in the prescribed form shall be delivered by an officer to every brewer for sale, and the following provisions shall have effect in relation to the book, and to the entries to be made therein:—
(1.) The brewer shall keep the book in some part of his entered premises at all times ready for the inspection of the officers, and shall permit any officer at any time to inspect the same and make extracts therefrom.
(2.) The brewer shall enter separately in the book the quantity of malt, corn, and sugar which he intends to use in his next brewing, and also the day and hour when such next brewing is intended to take place.
(3.) The brewer shall make such entry, so far as respects the day and hour of brewing, twenty-four hours at the least before he shall begin to mash any malt or corn, or dissolve any sugar, and so far as respects the quantity of malt, corn, and sugar, two hours at the least before the hour entered for brewing.
(4.) The brewer shall, two hours at the least before the hour entered for brewing, enter the time when all the worts will be drawn off the grains in the mash tun.
(5.) The brewer shall, within one hour of the worts being collected, or, if the worts be not collected before nine in the afternoon, before nine in the forenoon of the following day, enter the particulars of the quantity and gravity of the worts produced from each brewing, and also the description and number of the vessel or vessels into which the worts have been conveyed.
(6.) The brewer shall, at the time of making any entry, insert the date when the entry is made.
(7.) The brewer shall not cancel, obliterate, or alter any entry in the book, or make therein any entry which is untrue in any particular.
(8.) The brewer shall, if so required by the Commissioners, send notice in writing containing the prescribed particulars to the proper officer forty-eight hours before his next brewing is intended to take place.

For any contravention of this section the brewer shall incur a fine of one hundred pounds.

Marking of vessels and rooms and positions of vessels.                                                      21. (1.) Every brewer for sale must cause to be legibly painted with oil colour, and keep so painted, on some conspicuous part of every mash tun, underback, wort receiver, copper, heating tank, cooler, and collecting and fermenting vessel, intended to be used by him in his business, and of the outside of the door of every room and place wherein any part of his business is to be carried on, the name of the vessel, room, or place, according to the purpose for which it is intended.

(2.) When more than one vessel, room, or place is used for the same purpose, all such vessels, rooms, or places must be marked by progressive numbers.
(3.) All mash tuns, underbacks, wort receivers, coppers, heating tanks, coolers, and collecting and fermenting vessels, shall be so placed and fixed as to admit of the contents being accurately ascertained by gauge or measure, and shall not be altered in shape, position, or capacity without two days previous notice in writing to the proper officer.
(4.) For any contravention of this section the brewer shall incur a fine of one hundred pounds.

Entry of premises.                                                                                22. (1.) Every brewer for sale must, before he begins to brew, make entry in the prescribed form of all premises, rooms, places, and vessels intended to be used by him for his business, specifying the purpose for which each room, place, and vessel is to be used, and the mark by which it is distinguished.

(2.) The brewer must sign the entry, and deliver it to the proper officer.

Provisions as to operations in course of brewing.                                                           23. (1.) All grains in a mash tun must be kept untouched for the space of one hour after the time entered in the book as the time for the worts to be drawn off, unless the officer has attended and taken an account of such grains.

(2.) All worts shall he removed successively, and in the customary order of brewing, to the underback, coppers, coolers, and collecting and fermenting vessels, and shall not be removed from the last-mentioned vessels until an account has been taken by the officer, or until after the expiration of twelve hours from the time at which the worts are collected in such vessels.
(3.) When worts shall have commenced running into a collecting or fermenting vessel, the whole of the produce of the brewing shall be collected within twelve hours.
(4.) For any contravention of this section the brewer shall incur a fine of fifty pounds.

Provision for case of excess in gravity, of worts.                                                          24. If the original gravity of any worts contained in the collecting or fermenting vessels shall at anytime be found to exceed by five degrees the gravity as entered in the book by the brewer, or as ascertained by the officer, such worts shall be deemed to be the produce of a fresh brewing and be charged with duty accordingly.

Provisions as to the separation and the mixing of brewings.                                                 25. (1.) Every brewer for sale shall keep the total produce of a brewing separate from the produce of any other brewing for the space of twenty-four hours, unless an account of the first-mentioned produce shall have been sooner taken by the officer.

(2.) He shall not mix the produce of one brewing with that of any other brewing, except in his store vats or casks, unless he shall have given previous notice in writing to the proper officer, and he shall specify in writing the quantity and gravity of the worts when mixed: Provided, that a brewer having weak worts of a gravity not exceeding twenty-five degrees, may, if he think fit, reserve them for mixing with the produce of his next brewing, but in such, case he shall keep all such weak worts in the coppers, heating tanks, or other vessels entered for the purpose.
(3.) For any contravention of this section the brewer shall incur a fine of one hundred pounds.

Power for officer to take samples.                                                                          26. (1.) An officer may take such samples as he may deem necessary of any worts or beer or materials for brewing in the possession of any brewer for sale.

(2.) The brewer may, if he wishes, before any such sample is taken, stir up and mix together all such worts, beer, or materials from which the sample is taken.

Penalty for concealing worts or beer, or adding sugar thereto after duty charged.                           27. If any brewer for sale shall conceal any worts or beer so as to prevent any officer from taking an account thereof, or shall mix any sugar with any worts or beer so as to increase the quantity or gravity thereof after an account of such worts or beer has been taken by an officer and the duty has been charged thereon, he shall, for every such offence, incur a fine of one hundred pounds, and the worts or beer in respect of which the offence is committed, together with the vessels containing the same, shall be forfeited.

Brewer to provide scales, weights, ladders, &c.                                                             28. (1.) Every brewer for sale must provide and maintain sufficient and just scales and weights and other necessary and reasonable appliances to enable the officers to take account of, or check by weight, gauge, or measure all materials and liquids used or produced in brewing.

(2.) He must also render all necessary assistance to the officers in the taking of such accounts.
(3.) He must also, if required by the officer, provide sufficient lights, ladders, and other conveniences.
(4.) For every contravention of this section the brewer shall incur a fine of one hundred pounds.

Power of entry and examination by officers.                                                                 29. (1.) An officer may at any time, either by day or night, enter any part of the entered premises of a brewer for sale, to take an account of the materials used or to be used in brewing, and of the worts and beer produced.

(2.) If an officer, after having demanded admission into the entered premises of a brewer for sale, and declared his name and business at any entrance or window thereof, is not immediately admitted, the officer, and any person acting in his aid, may at any time, either by day or night (but at night only in the presence of an officer of the peace), break open any door or window of the premises, or break through any wall thereof for the purpose of obtaining admission, and the brewer shall incur a fine of one hundred pounds.

Power to enter and search for concealed pipes, etc.                                                         30. (1.) If any officer has reason to suspect that any private or concealed pipe, or conveyance, or vessel, is kept or made use of by a brewer for sale, he may, either by day or night, but at night only in the presence of an officer of the peace, break open any part of the premises of such brewer and forcibly enter therein, and may break up the ground in or adjoining such premises, or any wall thereof, to search for such private or concealed pipe, or conveyance, or vessel.

(2.) If such officer shall find any such pipe or conveyance, he may enter any house in the possession of any other person into which such pipe or conveyance may lead, and may break up any part of such house or premises to search for the vessel communicating with such pipe.
(3.) Every such pipe, conveyance, or vessel, and all beer, worts, or materials for brewing found therein, shall be absolutely forfeited, and the brewer shall incur a fine of one hundred pounds.
(4.) If any damage is done in the search, and such search is unsuccessful, the damage shall be made good.

[S. 31 rep. 53 & 54 Vict. c. 21. s. 40.]
As to Brewers other than Brewers for Sale.
A brewing paper to be delivered to brewers other than brewers for sale for the purpose of entries therein.  32. A paper in the prescribed form shall be delivered by an officer to every brewer, other than a brewer for sale, if chargeable to the duty on beer under this Act, and the following provisions shall have effect in relation to the paper and the entries to be made therein:—
(1.) The brewer shall, before commencing to brew, enter in the paper the quantity of malt, corn, and sugar which he intends to use in the brewing;
(2.) The brewer shall, on demand by an officer, produce the paper for his inspection, and shall not cancel, obliterate, or alter any entry in the paper, or make any entry which is untrue in any particular.

For any contravention of this section the brewer shall incur a fine of ten pounds.

Provisions as to charge and payment of duty.                                                                33. (1.) The Commissioners may, when they think fit, require a brewer other than a brewer for sale to verify the entries in the paper delivered to him by a declaration to be made by him before a justice of the peace or an authorised officer.

(2.) The charge of duty shall be made, and the duty shall be paid, at such times as the Commissioners shall appoint.
(3.) [1] Provided that if the annual value of the house occupied by the brewer does not exceed ten pounds, the beer brewed by him shall not be charged with duty.

Beer brewed to be for domestic use                                                                          34. (1.) A brewer, other than a brewer for sale, shall only brew beer for his own domestic use, or for consumption by farm-labourers employed by him in the actual course of their labour or employment.

(2.) The brewer shall only brew on premises occupied by him, or, in case the brewer occupies a house of an annual value not exceeding ten pounds, on premises gratuitously lent to him by a brewer other than a brewer for sale.
(3.) If the brewer contravenes either of the foregoing provisions of this section, or sells, or offers for sale, any beer brewed by him, he shall incur the penalty of ten pounds.

Power of entry.                                                                                35. Any officer may at all reasonable times enter and inspect any premises used for the purposes of brewing by a brewer other than a brewer for sale, and examine the vessels and utensils used by him for the purposes of brewing.

Drawback on Beer.
Drawback on beer exported.                                                                                36. [2] There shall be allowed and paid in respect of beer which shall be exported from the United Kingdom to foreign parts as merchandise, or shipped for use as ship's stores, a drawback calculated according to the original gravity thereof; (that is to say,)

Upon every thirty-six gallons of an original gravity of one thousand and fifty-seven degrees the drawback of six shillings and threepence,
and so in proportion for any difference in quantity or gravity.

Provisions as to the drawback.                                                                              37. [1] (1.) It shall be lawful for any person to export as merchandise to foreign parts, or for use as ship's stores, any beer brewed by a brewer for sale in the United Kingdom.

(2.) The beer shall be in such casks or packages as may be prescribed, and the person intending to export the same shall produce to the proper officer at the place from which the beer is to be exported a declaration by the brewer made before an authorized officer stating the date upon which the beer was brewed and the original gravity thereof, and that the full duties of excise have been charged thereon.
(3.) He shall also give to the said officer a notice in the prescribed form specifying the mark and number on each cask or package to be exported, the original gravity and quantity of the beer therein, and the amount of the drawback claimed.

Samples to ascertain gravity of beer for export                                                             38. [1] (1.) An officer or an officer of customs may take a sample of beer from any cask or package produced for shipment on drawback for the purpose of ascertaining in the manner authorized by this Act the original gravity thereof.

(2.) If the gravity so ascertained, or the quantity tested by gauge or measure, shall be less than the gravity or quantity stated in the declaration, and notice delivered to the proper officer, or, if such declaration or notice shall contain any untrue statement, no drawback shall he payable in respect of the beer therein referred to, and the brewer, and also the person intending to export the beer, shall incur a fine of fifty pounds.

As to debenture for payment of drawback.                                                                    39. [1] (1.) The officer of customs at the port from which the beer is shipped shall endorse on the notice a certificate of the quantity of beer actually exported, and at the expiration of one month from the date of such certificate the proper officer shall deliver to the exporter or his agent a debenture in the prescribed form specifying the amount of the drawback payable in respect of the beer.

(2.) The debenture must be presented to the collector with a declaration endorsed thereon containing the prescribed particulars, signed by the exporter, and the collector shall thereupon pay to the exporter the amount specified in the debenture.
(3.) Where a certificate of landing at the port of destination is required, such certificate must be delivered to the collector previously to the payment of the drawback.

Part III.
Licences for the Sale of Liquors by Retail.
Meaning of terms.                                                                                40. For the purposes of this part of this Act each of the following terms shall have the meaning assigned to it in this section:
“Cider” includes perry:
“Sweets” includes made wines, mead, and metheglin:
“Beer” includes cider:
“Wine” includes sweets.
Duties on certain excise licences.                                                                          41. On the licences mentioned in this section (except in the case of a licence to sell wine by retail to be taken out by a grocer in Scotland), there shall be charged and paid the duties following; (that is to say,)

Duty.
£      s.  d.
On a licence to be taken out by a person for the selling of cider by retail in England - -                                                                                1      5   0
On a licence to be taken out by a retailer of sweets in the United Kingdom - - - - -                                                                                1      5   0
On a licence to be taken out by a person for the selling by retail in the United Kingdom of beer to be consumed on the premises - - -                                           3      10  0
On a licence to be taken out by a person for the selling by retail in England of beer not to be consumed on the premises - - - -                                                1      5   0
On a licence (additional) to be taken out by a licensed dealer in beer in England or Ireland authorising him to sell by retail beer not to be consumed on the premises - - - -  1      5   0
On a licence to be taken out to sell wine by retail to be consumed on the premises - - - -                                                                                3      10  0
On a licence to be taken out by any person in England or Ireland for the sale by retail in any shop of wine not to be consumed on the premises                                  2      10  0
Duties on licences for the retailing of beer and wine.                                                      42. (1.) There shall be charged and paid upon licences for the sale by retail of beer and wine to be taken out by any persons in the United Kingdom who may be authorised to obtain the same, the duties of excise following; (that is to say,)

Duty.
£      s.  d.
On a licence for the sale by retail of beer and wine to be consumed on the premises - - -    4      0   0
On a licence for the sale by retail of beer and wine not to be consumed on the premises - -  3      0   0
(2.) Every such licence shall be in such form as the Commissioners shall direct, and shall expire in England or Ireland on the tenth day of October, and in Scotland on the fifteenth day of May, in each year.

Duties on licences to retailers of spirits.                                                                 43. (1.) On licences to be taken out by retailers of spirits in the United Kingdom, there shall be charged and paid the duties following; (that is to say,)

5 & 6 Will 4. c. 39.
35 & 36 Vict. c. 94.
16 & 17 Vict. c. 67.
15 & 16 Vict. c. 63.
Duty.
£      s.         d.
If the annual value of the dwelling-house in which the retailer shall reside or retail spirits, together with the offices, courts, yards, and gardens therewith occupied, is under 10l. - - -  4      10         0
Is                                                                                10l.   and under  15l.   -  -  -  -  -  6   0  0
·                                                                                15l.   ·          20l.   -  -  -  -  -  8   0  0
·                                                                                20l.   ·          25l.   -  -  -  -  -  11  0  0
·                                                                                25l.   ·          30l.   -  -  -  -  -  14  0  0
·                                                                                30l.   ·          40l.   -  -  -  -  -  17  0  0
·                                                                                40l.   ·          50l.   -  -  -  -  -  20  0  0
·                                                                                50l.   ·          100l.  -  -  -  -  -  25  0  0
·                                                                                100l.  ·          200l.  -  -  -  -  -  30  0  0
·                                                                                200l.  ·          300l.  -  -  -  -  -  35  0  0
·                                                                                300l.  ·          400l.  -  -  -  -  -  40  0  0
·                                                                                400l.  ·          500l.  -  -  -  -  -  45  0  0
·                                                                                500l.  ·          600l.  -  -  -  -  -  50  0  0
·                                                                                600l.  ·          700l.  -  -  -  -  -  55  0  0
·                                                                                700l.  or above   -      -  -  -  -  -  60  0  0
(2.) The holder of a licence to retail spirits chargeable with duty under this Act shall not be required to take out any further or other excise licence to enable him to sell beer or wine by retail. The holder of such licence shall not be liable for any percentage, discount, or other charge more than the amount stated in the Act.
(3.) Any person applying for a six days and early closing licence for the sale of spirits as an auxiliary only to his business as a restaurateur or eating-house keeper, and not keeping an open drinking bar, shall be entitled to his licence at a sum not exceeding thirty pounds, no such reduction to be made unless the licensing justices shall have certified by indorsement on their certificate that the nature of the business carried on by the applicant justifies the reduced scale of charge.
(4.) Where in the case of premises of the value of fifty pounds or upwards it shall be proved to the satisfaction of the Commissioners that the premises are structurally adapted for use as an inn or hotel for the reception of guests and travellers desirous of dwelling therein, and are mainly so used, the amount of duty to be paid on a licence to retail spirits shall not exceed twenty pounds. Provided that the relief under this subsection shall not be given in case any portion of the premises is set apart and used as an ordinary public-house for the sale and consumption therein of liquors, and the annual value of such portion, in the opinion of the Commissioners, exceeds twenty-five pounds.
(5.) The amount of duty to be paid for a licence to retail spirits in any theatre granted under the provisions contained in the seventh section of the Excise Act, 1835, shall not exceed twenty pounds.
(6.) The expression “retailers of spirits,” as used in this section, does not include a spirit grocer in Ireland, as defined by section eighty-one of the Licensing Act, 1872, or a dealer in spirits selling spirits in bottle under an additional licence authorising him in that behalf, or a grocer in Scotland as defined by section two of the Licensing (Scotland) Act, 1853.
(7.) In the case of premises in Ireland, the annual value, upon which the duty on the licence in respect of the premises is to be charged, shall not exceed the amount of the value assigned thereto in the valuation in force under the Valuation (Ireland) Act, 1852, with the addition of twenty per centum of such amount; and the licensed person may appeal against the amount of annual value upon which the duty has been charged and paid to the chairman of the sessions of the peace for the county, or the recorder of the city or borough, in which the premises are situate, and such chairman or recorder shall have full power to hear and determine such appeal, and his determination shall be final. If, in accordance with such determination, there shall have been any over-payment of duty, the amount shall be repaid.

Extension of certain licences.                                                                              44. The provisions regarding six-day licences and early closing licences contained in section forty-nine of the Licensing Act, 1872, and sections seven and eight of the Licensing Act, 1874, shall be deemed to apply throughout the United Kingdom.

35 & 36 Vict. c. 94.
37 &38 Vict. c. 49.
Duties on licences for the sale of liquors and tobacco in boats.                                            45. (1.) The duty now charged upon a licence to supply, retail, and sell foreign wine, strong beer, cider, perry, spirituous liquors, and tobacco to passengers on board any packet-boat or other vessel employed for the carriage and conveyance of passengers, to be consumed in or on board such boat or vessel, shall cease to be payable, and there shall be granted and paid the following duties of excise; (that is to say,)

9 Geo. 4. c. 47.
4 & 5 Will. 4. c. 75
Upon a licence to be taken out for the sale of spirits, wine, beer, and tobacco to be consumed on board a boat or vessel of any description employed for the carriage and conveyance of persons going as passengers from any place in the United Kingdom to any other place in the United Kingdom, or going from and returning to the same place on the same day,—
Duty.
£      s.  d.
If the licence is to be in force from the day of the date thereof until the thirty-first day of March next ensuing - - - - -  5      0   0
If the licence is to be in force for one day only                                                                             1      0   0
(2.) Such licences shall be granted under and be subject to the enactments contained in the Passage Vessel Licences Act, 1828, amended by section ten of the Excise Act, 1834, so far as such enactments are consistent with this Act and the terms of the licences respectively.

Supplementary.
Powers and provisions to be applied to excise duties, drawbacks, and licences under this Act.               46. The duties and drawbacks of excise, charged and allowed by Parts II. and III. of this Act, and the licences therein mentioned, shall be under the management of the Commissioners; and all the powers, provisions, regulations, and directions contained in any Act relating to excise duties, drawbacks, or licences, or to penalties or forfeitures under excise Acts, and now or hereafter in force, shall respectively be of full force and effect with respect to the duties and drawbacks charged and allowed by Parts I. and II. of this Act and the licences therein mentioned, and the penalties and forfeitures imposed by this Act, so far as the same are applicable and are consistent with the provisions of this Act, as fully and effectually as if the same had been herein specially enacted with reference to the last-mentioned duties, drawbacks, licences, penalties, and forfeitures respectively.

“Exciseable liquors.”                                                                                47. The grant of a duty on beer by this Act shall not be deemed to bring beer within the expression “exciseable liquors” as contained in the Third Schedule to the Gaming Act, 1845.

8 & 9 Vict. c. 109.
Saving rights under certain charters.                                                                       48. Nothing in this Act contained shall in anywise alter or affect the rights and privileges now existing under the charters of—
(1.) Any university in the United Kingdom, or
(2.) The master, wardens, freemen, and commonalty of the Vintners of the city of London, or
(3.) The mayor or burgesses of the borough of Saint Albans in the county of Hertford.

[S. 49 rep. 57 & 58 Vict. c 56 (S.L.R.)]
Part IV.
Income Tax.
(Ss 50, 51 rep 57 & 58 Vict. c. 56 (S.L.R.) S. 52 rep. 59 & 60 Vict. c. 28. s. 40.

Part V.
Stamps.
[Ss. 53-56 rep. 54 & 55 Vict. c. 39. s. 123.]
The returns of certain banking companies need not be advertised.                                            57. It shall not be obligatory on the Commissioners to publish in any newspaper any return made to them by any banking company which is duly registered under the provisions of the several Acts specified in the Third Schedule to this Act, or any of them.

SCHEDULES.
FIRST SCHEDULE.                                                                               Sect. 15.

Containing a Table to be used in determining the original specific Gravity of Worts of Beer.

Degrees of Spirit indication.                                                                 Degrees of original Specific Gravity.  Degrees of Spirit Indication.  Degrees of original Specific Gravity.  Degrees of Spirit Indication.  Degrees of original Specific Gravity.  Degrees of Spirit Indication.  Degrees of original Specific Gravity.

·1                                                                                ·3                                     4·1                            15·5                                   8·1                            34·3                                   12·1                           54·9
·2                                                                                ·6                                     4·2                            16·0                                   8·2                            34·8                                   12·2                           55·4
·3                                                                                ·9                                     4·3                            16·4                                   8·3                            35·4                                   12·3                           55·9
·4                                                                                1·2                                    4·4                            16·8                                   8·4                            35·9                                   12·4                           56·4
·5                                                                                1·5                                    4·5                            17·3                                   8·5                            36·5                                   12·5                           56·9
·6                                                                                1·8                                    4·6                            17·7                                   8·6                            37·0                                   12·6                           57·4
·7                                                                                2·1                                    4·7                            18·2                                   8·7                            37·5                                   12·7                           57·9
·8                                                                                2·4                                    4·8                            18·6                                   8·8                            38·0                                   12·8                           58·4
·9                                                                                2·7                                    4·9                            19·1                                   8·9                            38·6                                   12·9                           58·9
1·0                                                                                3·0                                    5·0                            19·5                                   9·0                            39·1                                   13·0                           59·4
1·1                                                                                3·3                                    5·1                            19·9                                   9·1                            39·7                                   13·1                           60·0
1·2                                                                                3·7                                    5·2                            20·4                                   9·2                            40·2                                   13·2                           60·5
1·3                                                                                4·1                                    5·3                            20·9                                   9·3                            40·7                                   13·3                           61·1
1·4                                                                                4·4                                    5·4                            21·3                                   9·4                            41·2                                   13·4                           61·6
1·5                                                                                4·8                                    5·5                            21·8                                   9·5                            41·7                                   13·5                           62·2
1·6                                                                                5·1                                    5·6                            22·2                                   9·6                            42·2                                   13·6                           62·7
1·7                                                                                5·5                                    5·7                            22·7                                   9·7                            42·7                                   13·7                           63·3
1·8                                                                                5·9                                    5·8                            23·1                                   9·8                            43·2                                   13·8                           63·8
1·9                                                                                6·2                                    5·9                            23·6                                   9·9                            43·7                                   13·9                           64·3
2·0                                                                                6·6                                    6·0                            24·1                                   10·0                           44·2                                   14·0                           64·8
2·1                                                                                7·0                                    6·1                            24·6                                   10·1                           44·7                                   14·1                           65·4
2·2                                                                                7·4                                    6·2                            25·0                                   10·2                           45·1                                   14·2                           65·9
2·3                                                                                7·8                                    6·3                            25·5                                   10·3                           45·6                                   14·3                           66·5
2·4                                                                                8·2                                    6·4                            26·0                                   10·4                           46·0                                   14·4                           67·1
2·5                                                                                8·6                                    6·5                            26·4                                   10·5                           46·5                                   14·5                           67·6
2·6                                                                                9·0                                    6·6                            26·9                                   10·6                           47·0                                   14·6                           68·2
2·7                                                                                9·4                                    6·7                            27·4                                   10·7                           47·5                                   14·7                           68·7
2·8                                                                                9·8                                    6·8                            27·8                                   10·8                           48·0                                   14·8                           69·3
2·9                                                                                10·2                                   6·9                            28·3                                   10·9                           48·5                                   14·9                           69·9
3·0                                                                                10·7                                   7·0                            28·8                                   11·0                           49·0                                   15·0                           70·5
3·1                                                                                11·1                                   7·1                            29·2                                   11·1                           49·6                                   15·1                           71·1
3·2                                                                                11·5                                   7·2                            29·7                                   11·2                           50·1                                   15·2                           71·7
3·3                                                                                12·0                                   7·3                            30·2                                   11·3                           50·6                                   15·3                           72·3
3·4                                                                                12·4                                   7·4                            30·7                                   11·4                           51·2                                   15·4                           72·9
3·5                                                                                12·9                                   7·5                            31·2                                   11·5                           51·7                                   15·5                           73·5
3·6                                                                                13·3                                   7·6                            31·7                                   11·6                           52·2                                   15·6                           74·1
3·7                                                                                13·8                                   7·7                            32·2                                   11·7                           52·7                                   15·7                           74·7
3·8                                                                                14·2                                   7·8                            32·7                                   11·8                           53·3                                   15·8                           75·3
3·9                                                                                14·7                                   7·9                            33·2                                   11·9                           53·8                                   15·9                           75·9
4·0                                                                                15·1                                   8·0                            33·7                                   12·0                           54·3                                   16·0                           76·5
[Second Sched. rep. 57 & 58 Vict. c. 56 (S.L.R.)]
THIRD SCHEDULE. Sect. 57.
6th Geo. 4. cap. 42.
7th Geo. 4. cap. 46.
7th Geo. 4. cap. 67.
The Companies Acts, 1862 to 1880.
[1Extended to any liquor which is made or sold as a description of beer or as a substitute for beer, and which on an analysis of a sample thereof, at any time, shall be found to contain more than two per centum of proof spirit, 48 & 49 Vict. c. 51. s. 4.]

[2This duty is reduced to four shillings by 48 & 49 Vict. c. 51. s. 5.]

[1A deduction of six per cent. is to be made from the quantity of worts deemed to have been brewed by relation to materials 44 Vict. c. 12. s. 15.]

[1A further exemption is made by 44 Vict. c. 12. s. 15 (2.)]

[2Extended, 44 Vict. c. 4.]
[1Extended to beer imported and afterwards exported 44 Vict. c. 12. s. 6.]

[1Extended to beer imported and afterwards exported 44 Vict. c. 12. s. 6.]

[1Extended to beer imported and afterwards exported 44 Vict. c. 12. s. 6.]


[16th May, 2022]
Be it enacted by the Oireachtas as follows:
Interpretation
1. In this Act, “Act of 2000” means the Merchant Shipping (Investigation of Marine Casualties) Act 2000 .

Amendment of section 2 of Act of 2000
2. Section 2 of the Act of 2000 is amended by the deletion of the definition of “Chief Surveyor”.

Amendment of section 9 of Act of 2000
3. The Act of 2000 is amended by the substitution of the following section for section 9:
“9. (1) The Board shall consist of not fewer than 5 members and not more than 7 members who shall be appointed by the Minister.

(2) The members of the Board appointed under subsection (1) shall be persons who, in the opinion of the Minister, have particular knowledge of, and experience and expertise in, (but not limited to) one or more of the following matters:
(a) corporate governance and management;
(b) accident investigation;
(c) marine engineering, nautical science or navigation, or naval architecture;
(d) health and safety management;
(e) maritime law and regulation;
(f) legal and legislative matters;
(g) risk management, finance, business or administration;
(h) other matters relevant to the functions of the Board.
(3) The following persons shall not be eligible for appointment as a member of the Board under subsection (1):
(a) a person who holds, or held at any time during the 5 year period immediately before the relevant date—
(i) an established position as a civil servant as an officer of the Minister, or
(ii) an unestablished position as a civil servant as an officer of the Minister;
(b) a person who is, or was at any time during the 5 year period immediately before the relevant date, a special adviser to the Minister or to a Minister of State appointed under section 1 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 and assigned to act as Minister of State at the Department of Transport.
(4) Of the members of the Board appointed under subsection (1), the Minister shall appoint one member to be the Chairperson of the Board and another member to be the Deputy Chairperson of the Board to perform the functions of the Chairperson during any vacancy in the office of the Chairperson or where the Chairperson is absent from, or for any reason is unable to perform the functions of, his or her office.
(5) When appointing the members of the Board under subsection (1), the Minister shall have regard to the objective that at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men.
(6) In this section—
‘Act of 2004’ means the Public Service Management (Recruitment and Appointments) Act 2004 ;
‘civil servant’ has the meaning assigned to it by the Civil Service Regulation Act 1956 ;
‘established position’ has the meaning assigned to it by the Act of 2004;
‘relevant date’ means the date on which the vacancy in the membership of the Board occurs or, if there is more than one vacancy to be filled, the date of the vacancy which first occurred;
‘special adviser’ means a person appointed as a special adviser under section 11 of the Public Service Management Act 1997 ;
‘unestablished position’ has the meaning assigned to it by the Act of 2004.”.

Amendment of section 10 of Act of 2000
4. Section 10 of the Act of 2000 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) Subject to this section, the Chairperson and other members of the Board appointed under section 9 shall hold office for a period, not exceeding 5 years from the date of the appointment, as shall be determined by the Minister and, where the term of office of a member expires by the effluxion of time, he or she may, subject to subsection (1A), be reappointed to the Board.”,
(b) by the insertion of the following subsection after subsection (1):
“(1A) A member of the Board who has served 2 terms of office shall not be eligible for reappointment to the Board.”,
(c) in subsection (2), by the substitution of “section 9” for “section 9(1)(a) ”, and
(d) by the deletion of subsection (3).
Amendment of section 11 of Act of 2000
5. Section 11 of the Act of 2000 is amended by the substitution of “section 9” for “section 9(1) (a) ”.

Amendment of section 14 of Act of 2000
6. Section 14 of the Act of 2000 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) (a) Subject to paragraph (b), the quorum for a meeting of the Board shall be 3 members of the Board.

(b) For the purposes of paragraph (a), the quorum of 3 members may consist of—
(i) the Chairperson and 2 other members,
(ii) the Chairperson, the Deputy Chairperson and one other member,
(iii) the Deputy Chairperson and 2 other members, or
(iv) 3 members of the Board, other than the Chairperson or Deputy Chairperson, who are present at the meeting, in circumstances where—
(I) the Chairperson is not present at the meeting or that office is vacant,
(II) the Deputy Chairperson is not present at the meeting or that office is vacant, or
(III) both the Chairperson and Deputy Chairperson are present at the meeting and are required to withdraw at the same time under section 17(1)(c),
and those members who are present shall choose one of their number to be chairperson of the meeting.”,
(b) in subsection (3), by the substitution of “section 9” for “section 9(1) (a) ”, and
(c) by the deletion of subsection (4).
Amendment of section 16 of Act of 2000
7. Section 16 of the Act of 2000 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) The Board may, from time to time, engage such consultants, advisers, investigators and providers of other skills or expertise as it considers necessary for the performance of its functions and any fees due to a consultant, adviser, investigator or other person so engaged shall be paid by the Board out of moneys made available by the Oireachtas.”,
(b) in subsection (2), by the substitution of “consultant, adviser, investigator or a provider of other skills or expertise” for “consultant, adviser or investigator”, and
(c) in subsection (3), by the insertion of “consultant, adviser, investigator or a provider of other skills or expertise” for “consultant, adviser or investigator” in each place where it occurs.

Amendment of section 17 of Act of 2000
8. Section 17 of the Act of 2000 is amended, in subsection (1), by the substitution of “a consultant, adviser, investigator or provider of other skills or expertise engaged by the Board under section 16” for “a consultant, adviser or investigator engaged by the Board”.

Amendment of section 18 of Act of 2000
9. The Act of 2000 is amended by the substitution of the following section for section 18:
“18. (1) Subject to this section, a person shall not, unless authorised by the Board or required or permitted by law to do so, disclose confidential information obtained by the person in his or her capacity, or while performing functions, as any of the following:
(a) Chairperson or other member of the Board;
(b) secretary of the Board;
(c) a consultant, adviser, investigator or provider of other skills or expertise engaged by the Board under section 16, or an employee of such a consultant, adviser, investigator or provider;
(d) a person engaged by the Board in any other capacity.
(2) Nothing in this section shall operate to prevent the disclosure of information to the Board.
(3) The High Court, on application to it under this section by a person whom the Court is satisfied has a sufficient interest in the disclosure of the information the subject of the application, may disclose, or authorise the disclosure of, any information that is confidential information where, in the view of the Court, there is an overriding public interest in the disclosure of the particular information concerned.
(4) Where, under this section, the Court orders the disclosure of information that is confidential information, it shall determine the terms and extent of such disclosure as it considers appropriate.
(5) A person who contravenes subsection (1) shall be guilty of an offence.
(6) In this section, and without prejudice to the Data Protection Acts 1988 to 2018, ‘confidential information’ includes the following:
(a) all witness evidence and other statements, accounts and notes taken or received by the Board in the course of an investigation;
(b) records revealing the identity of persons who have given evidence in the context of an investigation;
(c) information relating to persons involved in a marine casualty that is of a particularly sensitive and private nature, including information concerning the health of such persons;
(d) subject to the Freedom of Information Act 2014 , information that is expressed by the Board to be confidential either as regards particular information or as regards information of a particular class or description.”.

Amendment of section 23 of Act of 2000
10. Section 23 of the Act of 2000 is amended, in subsection (1), by the substitution of “the Board” for “the Chief Surveyor or any other marine surveyor in the Marine Survey Office of the Department of the Marine and Natural Resources”.

Amendment of section 26 of Act of 2000
11. Section 26 of the Act of 2000 is amended, in subsection (1) (b), by the deletion of “after consultation with the Minister,”.

Amendment of section 34 of Act of 2000
12. Section 34 of the Act of 2000 is amended—
(a) by the substitution of the following subsection for subsection (2):
“(2) The Board shall endeavour to publish the report not later than 12 months from the date on which the marine casualty, notified to it under section 23, occurred.”,
(b) in subsection (3), by the substitution of “during the period of 12 months referred to in subsection (2) ” for “within the 9 month period”, and
(c) by the substitution of the following subsection for subsection (4):
“(4) (a) Subject to paragraph (b), the Board may, at any time during an estimated period indicated by it under subsection (3), publish one or more interim report or reports of the investigation.

(b) Where the Board is unable to publish the report of an investigation of a marine casualty, notified to it under section 23, during the period of 12 months referred to in subsection (2), it shall publish at least one interim report of the investigation during that period.”.

Notification of marine casualties to Marine Survey Office
13. (1) An owner, charterer, master, skipper, person in charge, ship’s agent, ship’s manager or ship’s husband of a vessel involved in a marine casualty shall, by using the quickest feasible means, notify the Chief Surveyor or any other marine surveyor in the Marine Survey Office of the Department of Transport of the casualty immediately he or she is aware that the marine casualty has occurred or commenced, or as soon as practicable thereafter.
(2) There shall be included in the notification such relevant information as is known to the person notifying the marine casualty, including the name and description of the vessel, its position, the number of persons on board and as accurate a summary as possible of the marine casualty.
(3) A person required by subsection (1) to notify a marine casualty who, without reasonable excuse, fails to do so shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or to both.
(4) A summary offence under this section may be prosecuted by the Minister for Transport.
(5) This section shall not apply to vessels of the Naval Service of the Defence Forces or to warships of another state.
(6) In this section—
“Chief Surveyor” means the person from time to time holding (including temporarily), or performing the functions of, the position with the designation Chief Surveyor in the Marine Survey Office of the Department of Transport;
“Defence Forces” means the defence forces raised and maintained under the Defence Act 1954 ;
“marine casualty”, “owner” and “vessel” shall have the meanings assigned to them by section 2(1) of the Act of 2000;
“warship” has the meaning assigned to it in Article 29 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and means a ship belonging to the armed forces of a state bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the state and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline.

Transitional provision - continuation of ongoing investigations etc.

14. (1) Where, immediately prior to the enactment of this Act, an investigation of a marine casualty in accordance with Part 3 of the Act of 2000 had commenced but had not been completed, the investigation shall be continued and completed under and in accordance with the Act of 2000, as amended by this Act.
(2) Where, immediately prior to the enactment of this Act, the preparation of a report of an investigation into a marine casualty had commenced but had not been completed, the preparation of the report shall be continued, and the report shall be completed and published, under and in accordance with the Act of 2000, as amended by this Act.
(3) A person holding office as a member of the Board under section 9(1) (a), and the Chairperson and the Deputy Chairperson holding office following appointment as such Chairperson or Deputy Chairperson under section 9(2), of the Act of 2000, immediately prior to the enactment of this Act, shall continue as such member, Chairperson and Deputy Chairperson for the unexpired term of his or her appointment under and in accordance with the Act of 2000, as amended by this Act.
(4) In this section, “Chairperson”, “investigation”, “marine casualty” and “report” shall have the meanings assigned to them by section 2(1) of the Act of 2000.

Amendment of Merchant Shipping (Safety Convention) Act 1952
15. Section 3 (1) of the Merchant Shipping (Safety Convention) Act 1952 is amended by the substitution of the following definition for the definition of “Safety Convention” (inserted by section 69 of the Merchant Shipping (Registration of Ships) Act 2014 ):
“‘Safety Convention’ means the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 1 November 1974 together with the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 17 February 1978 and the Protocol to the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 11 November 1988 and any amendments made to it up to and including those adopted by the 99th session of the Maritime Safety Committee of the International Maritime Organisation held between 16 and 25 May 2018 and which have entered into force in respect of the State pursuant to Article VIII prior to the passing of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022;”.

Short title, collective citation and construction
16. (1) This Act may be cited as the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022.
(2) The Merchant Shipping Acts 1894 to 2015 and this Act may be cited together as the Merchant Shipping Acts 1894 to 2022 and shall be construed together as one.


Recital of Indenture of Demise to K.Geo. 2. dated April 5, 1729.

Irish Acts, 3 G. 2. c. 8.
7 G. 2. c. 7. [§ 7, &c.]
The Premises described in the recited Indenture and Acts, and also all Buildings, &c. used for the Houses of Parliament of Ireland, &c. or within the Precincts thereor, vested in the Treasury of Ireland.

‘Whereas by Indenture bearing Date the fifth Day of April One thousand seven hundred and twenty-nine, made or mentioned to be made between the Right Honourable Benjamin Parry of the City of Dublin, Esquire, one of his Majesty’s most Honourable Privy Council of the Kingdom of Ireland, of the one Part; and his most Sacred Majesty George the Second, by the Grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, and so forth, of the other Part; the said Benjamin Parry, for the Considerations therein mentioned, did demise, grant, set, and to farm let unto his said Majesty, and his Successors, all that Parcel of Ground in the Suburbs of the City of Dublin whereon the House commonly called Chichesler House stood, and wherein both Houses of Parliament then lately sat, and all Houses, Messuages, Outhouses, Yards, Yards, Backsides, Courts, and Parcels of Ground, in a Survey to the said Lease annexed, particularly laid down and described, together with all and singular the Lights, Ways, Easements, Rights, Members, and Appurtenances to all and singular the said demised Premises belonging, or in anywise appertaining, to have and to hold all and singular the said thereby demised Premises, or meant, mentioned, or intended to be thereby demised, with their and every of their Appurtenances, unto his said Majesty and his Successors, without Impeachment of Waste, for and during, and to the full End, Term, Time, and Space of nine thousand Years, from the thirtieth Day of April last past before the Date thereof, and from thenceforth fully to be compleat and ended; his said Majesty and his Successors, yielding and paying therefore and thereout, yearly and every Year during the said Term, unto the said Benjamin Parry, his Heirs and Assigns, the Rent in and by the said Indenture reserved: And whereas certain other Grounds, Houses, Tenements, and Appurtenances mentioned in an Act, made by the Parliament of Ireland in the third Year of the Reign of his said late Majesty King George the Second, intituled, An Act to enable his Majesty to purchase in the respective Interests of the several Persons entitled to the Houses and Grounds adjoining to the new Parliament House; and in another Act, made by the Parliament of Ireland in the Seventh Year of the Reign of his said late Majesty King George the Second, intituled, An Act for continuing several temporary Statutes; and for other Purposes therein mentioned, did under and by virtue of the said recited Acts, and of certain Proceedings authorized by the same, become vested in his said late Majesty King George the Second, his Heirs and Successors; and all the Premises herein-before mentioned are now vested in his present Majesty, his Heirs and Successors: And whereas under and by virtue of several Acts made in the Parliament of Ireland, divers Sums of Money were from Time to Time granted to the Commissioners appointed for making wide and convenient Passages through the City of Dublin, towards purchasing certain Houses and Grounds for the Purposes of widening the Approaches to the said Parliament House, great Part of which said Houses and Grounds adjoining or lying near to the said Parliament House still remain vested in the said Commissioners, under and by virtue of the said Acts or some of them: And whereas all the said Premises may, with great publick Advantage be converted into Offices, Apartments, and Premises, for transacting the Business of the Governor and Company of the Bank of Ireland; and the said Governor and Company of the said Bank of Ireland, have offered to pay the Sum of forty thousand Pounds Irish Currency, for the Purchase of all the said Premises, subject to all such Rents and Charges as the same are liable to, such Purchase Money to be applied in Manner hereinafter mentioned; and his Majesty hath been graciously pleased to consent that the said Premises shall be so appropriated; and his Majesty is therefore pleased and contented that the same be enacted accordingly;’ be it therefore enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all and singular the Premises herein-before particularly mentioned and described, and all Edisices, Erections, and Buildings whatsoever, now standing and being thereon, or on any Part thereof, with their and every of their Rights, Members, and Appurteuances, whatsoever, which by the said recited Indenture and Acts of Parliament, or otherwise howsoever, were vested or intended to be vested in his said late Majesty King George the Second, and which are now vested in his present Majesty, his Heirs and Successors, and also all such Grounds, Buildings, Messuages, and Tenements, with their and every of their Rights, Members, and Appurtenances, as were heretofore used or employed as and for both or either Houses of the Parliament of Ireland, and for Offices for the Use of such Houses, or whereof or wherein his Majesty, his Heirs and Successors, or any Person or Persons in Trust for him or them, now have or hath, or can or may have any Estate or Interest, and also all such Lands, Grounds, Buildings, Messuages, and Tenements, situate, standing, lying, or being within the Precincts of the said Parliament House, and which, under and by virtue, or in pursuance of any Act or Acts of the Parliament of Ireland, have become or now are vested in the said Commissioners for making wide and convenient Passages through the City of Dublin, with their and every of their Rights, Members, and Appurtenances, and all and every of the said Premises shall be vested in, and the same are hereby vested in the Lord High Treasurer, or Commissioners of his Majesty’s Treasury for that Part of the United Kingdom called Ireland, now or for the Time being, to the Intent that all and every the said Premises may be bargained and sold, or leased, disposed of, or applied in Manner herein-after mentioned.

Treasury empowered to sell, &c. said Premises to the Bank of Ireland for 40,000 l. Irish Currency, subject to such Rents as the Premises are now liable to, &c.  II. And be it further enacted, That it shall and may be lawful for the said Lord High Treasurer, or Commissioners of his Majesty’s Treasury for Ireland, or any three of them, now or for the Time being, to treat, contract, and agree with the Governor and Company of the Bank of Ireland, for the Sale or for the leasing of all the Estate, Right, Title, or Interest in or to all and every the Premises so by this Act vested in the said Lord High Treasurer, or Commissioners of the said Treasury of Ireland, now or for the Time being, as aforesaid, at and for the Price or Sum of forty thousand Pounds Irish Currency, subject to all such Rents and Charges as the said Premises are liable to; and that upon the executing such Contracts or Agreements by the said Lord High Treasurer, or Commissioners of his Majesty’s Treasury of Ireland, or any three of them, now or for the Time being, or upon executing such other Conveyances, Surrenders, or Demises as in such Contract or Contracts shall be agreed upon for that Purpose, and upon Payment of the said Sum of forty thousand Pounds Irish Currency, at such Time or Times as shall be agreed on, to the said Lord High Treasurer, or Commissioners of the Treasury, now or for the Time being, or into the Hands of such Person or Persons as shall, be for that Purpose appointed by the said Lord High Treasurer, or by the Commissioners of the Treasury, or any three of them, now or for the Time being, to be applied and disposed of according to the Directions of this present Act, such Conveyances, Assignments, and Demises shall be good and effectual in the Law to all Intents and Purposes whatsoever; and shall fully acquit and discharge the said Governor and Company of the Bank of Ireland and their Successors, as against his Majesty, his Heirs and Successors, and against all and every other Person or Persons claiming or to claim, by, from, under, or in Trust for him; and as against the said Commissioners, for making wide and convenient Passages through the City of Dublin, and all and every Person and Persons claiming or to claim, by, from, under, or in Trust for them or any of them; and as against the said Lord High Treasurer, or Commissioners of the Treasury of Ireland, now or for the Time being, or any of them, and all and every Person and Persons claiming or to claim by, from, under, or in Trust for them or any of them; any Restriction or other Matter or Thing contained in an Act, made by the Parliament of Ireland, in the Session held in the twenty-first and twenty-second Years of the Reign of his present Majesty, intituled, An Act for establishing a Bank by the Name of The Governor and Company of the Bank of Ireland, or any other Law or Statute, Disability or Incapacity, Matter or Thing whatsoever to the contrary in anywise notwithstanding: So as by such Contract, Conveyance, or Demise, some or one of them, a good and sure Estate and Interest of and in the said Premises, and every of them, be conveyed and assured to or for the Use of, or in Trust for the said Governor and Company of the Bank of Ireland, in such Manner that the said Governor and Company, and their Successors, may have and enjoy the Benefit of the same Premises for and during the whole Term and Estate of and in the said Premises hereby vested in the said Commissioners of the Treasury, or Lord High Treasurer of Ireland, now or for the Time being, in as full, large, ample, and beneficial Manner and Form as the said Premises might have been given, conveyed, settled, or assured, if the said recited Act of the twenty-first and twenty-second Years of his present Majesty’s Reign had never been had nor made.

notwithstanding Restriction in Irish Act 21 & 22 G. 3. c. 16.

Bank, after Redemption of their own Funds, may continue a Corporation for enjoying or demising said Premises.                                                    III. Provided always, and be it enacted, That the said Governor and Company of the Bank of Ireland, and their Successors, notwithstanding the Redemption of all or any of their own Funds in pursuance of the Acts for establishing the same, or any of them, shall continue a Corporation for the Purpose of enjoying or conveying, assigning or demising the several Premises to be purchased by them in pursuance of this Act, and that the said Governor and Company of the Bank of Ireland, or any Member thereof, shall not incur any Disability for or by reason of their so doing.

The Money arising by such Sale shall be applied by the said Treasury as Parliament shall direct.                                                                 IV. And be it further enacted, That all and every Sum and Sums of Money arising by such Sales or Contracts, or by any Conveyances, Assignments, or Demises made in pursuance thereof, of the said Premises so by this Act vested in the said Lord High Treasurer, or Commissioners of the Treasury of Ireland now or for the Time being as aforesaid, or any Part thereof, shall and may be issued, applied, and appropriated by the said Lord High Treasurer, or Commissioners of the Treasury, to and for such Uses, Intents, and Purposes, as shall and may be directed and declared by any Act or Acts passed or to be passed in this present Session of Parliament, or to be passed in any subsequent Session of Parliament; and that it shall and may be lawful for the said Lord High Treasurer, or Commissioners of his Majesty’s Treasury of Ireland, or any three of them, now or for the Time being, to issue his or their Warrant or Warrants from Time to Time for the Payment and Application of such Sum and Sums to and for such Uses, Intents, and Purposes, and to and for no other Use, Intent, or Purpose whatsoever.

General Saving.                                                                                V. Saving always to all and every Person and Persons, their Heirs, Executors, and Administrators, and all Bodies Politick and Corporate, and their Successors, (other than and except the King’s most Excellent Majesty, his Heirs and Successors, and other than and except any Person or Persons seized or possessed in Trust for his Majesty, his Heirs and Successors, and other than and except the said Commissioners for making wide and convenient Passages through the City of Dublin,) all such Estate, Right, Title, Interest, and Demand whatsoever, which they or any of them have or might have had, of, in, to, or out of the said Premises, by this Act vested in the said Commissioners of the Treasury, or Lord High Treasurer of Ireland, or any Part thereof, before the making of this Act, as fully and effectually, to all Intents and Purposes, as if this Act had not been made; any Thing herein contained to the contrary notwithstanding.

Said Treasury indemnified for Things done in pursuance of this Act.                                                                                VI. And be it further enacted, That the said Lord High Treasurer, or Commissioners of his Majesty’s Treasury for Ireland, now or for the Time being, and all and every other Person and Persons authorized by him or them, or any three of them, to do any Act in Execution of any of the Powers intended to be hereby vested in them respectively as aforesaid, are and shall be hereby indemnified for what they shall do in pursuance of this Act; and that if any Action shall be brought or Suit commenced against any Person or Persons for any Thing done in pursuance of this Act, or in relation to any of the Premises herein-before mentioned, every such Action or Suit shall be laid or brought within three Calendar Months after the Fact committed; and such Action shall be laid in the City of Dublin, and not elsewhere; and the Defendant or Defendants in such Action or Suit shall and may be at Liberty to plead the General Issue, and give this Act and the special Matter in Evidence, without specially pleading the same; and this Act, and every Clause and Matter therein contained, shall, by all and every Judge and other Person and Persons, be construed and adjudged, as largely and beneficially as can be, for the Ends and Purposes of this Act.

Limitation of Actions, three Months.
Venue.
General Issue.
Construction of Act.
“Publick Act. § 7.”