No. 51/1936:

REGISTRY OF FRIENDLY SOCIETIES ACT, 1936

ARRANGEMENT OF SECTIONS

1 The Minister.

2 Vesting of certain powers, etc., in the Minister.

3 Restriction on exercise of certain powers by the Minister.

4 The registrar of friendly societies in Saorstát Eireann.

5 Short title and citation.

AN ACT TO VEST IN THE MINISTER FOR INDUSTRY AND COMMERCE CERTAIN EXISTING STATUTORY POWERS, DUTIES, AND FUNCTIONS IN RELATION TO OR CONNECTED WITH THE REGISTRY OF FRIENDLY SOCIETIES, AND TO CLARIFY AND AMEND THE LAW RELATING TO THE APPOINTMENT TO AND QUALIFICATIONS FOR THE POST OF REGISTRAR OF FRIENDLY SOCIETIES IN SAORSTÁT EIREANN.

[28th November, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act the expression "the Minister" means the Minister for Industry and Commerce.

2.—(1) Subject to the provisions of the next following section of this Act, the following powers, duties, and functions shall be vested solely in, and administered solely by, the Minister, that is to say:—

( a ) the powers, duties, and functions under the Building Societies Acts, 1874 to 1894, which were, immediately before the establishment of Saorstát Eireann, vested by virtue of those Acts in a Secretary of State, and

( b ) the powers, duties, and functions under section 13 of the Trade Union Act, 1871, which were, immediately before the establishment of Saorstát Eireann, vested by virtue of that section in a Secretary of State, and

( c ) the powers, duties, and functions under the Industrial and Provident Societies Acts, 1893 to 1913 (except sub-section (2) of section 27 and section 71 of the Industrial and Provident Societies Act, 1893) and the Friendly Societies Acts, 1896 and 1908 (except sub-section (2) of section 58 and section 95 of the Friendly Societies Act, 1896) respectively which were, immediately before the establishment of Saorstát Eireann, vested by virtue of those Acts (except as aforesaid) respectively in the Treasury.

(2) For the purpose of giving effect to this section—

( a ) every mention of or reference to a Secretary of State contained in the Building Societies Acts, 1874 to 1894, or in section 13 of the Trade Union Act, 1871, shall be construed and have effect as a mention of or reference to the Minister, and

( b ) every mention of or reference to the Treasury contained in the Industrial and Provident Societies Acts, 1893 to 1913 (except sub-section (2) of section 27 and section 71 of the Industrial and Provident Societies Act, 1893) or in the Friendly Societies Acts, 1896 and 1908 (except sub-section (2) of section 58 and section 95 of the Friendly Societies Act, 1896), shall be construed and have effect as a mention of or reference to the Minister.

3.—Notwithstanding anything contained in this Act, the Minister shall not do by virtue of this Act any of the following things without the consent of the Minister for Finance, that is say:—

( a ) make or approve of any regulation directing, authorising, or otherwise providing for the payment of money into or out of the Exchequer;

( b ) make or approve of any regulation directing or requiring the payment of any fees or prescribing the amount or the manner of collection or disposal of any fees;

( c ) appoint any person to an office which is wholly or partly remunerated out of public funds.

4.—(1) In order to remove doubts, it is hereby declared that the appointment by the Minister for Finance on the 1st day of April, 1926, of Henry M. Whitton to be assistant registrar of friendly societies for Saorstát Eireann shall be and be deemed always to have been, as on and from the said 1st day of April, 1926, a valid and effective appointment of the said Henry M. Whitton to be registrar of friendly societies in Saorstát Eireann under and for the purposes of section 1 of the Friendly Societies Act, 1896, as adapted and modified by the Registrar of Friendly Societies (Adaptation) Order, 1926, made by the Executive Council under section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), on the 4th day of October, 1926, and in order to secure that the said Henry M. Whitton shall for all purposes have been effectively registrar of friendly societies in Saorstát Eireann as on and from the said 1st day of April, 1926, it is hereby enacted that the said Registrar of Friendly Societies (Adaptation) Order, 1926, shall have and be deemed always to have had effect as on and from the said 1st day of April, 1926.

(2) So much of section 1 of the Friendly Societies Act, 1896 (as adapted and modified by the said Registrar of Friendly Societies (Adaptation) Order, 1926) as requires that the registrar of friendly societies in Saorstát Eireann shall be a barrister of twelve years standing is hereby repealed, and in lieu thereof it is hereby enacted that the registrar of friendly societies in Saorstát Eireann shall be a barrister of not less than ten years standing and the said section 1 (as so adapted and modified) shall be construed and have effect accordingly.

5.—(1) This Act may be cited as the Registry of Friendly Societies Act, 1936 .

(2) The Building Societies Acts, 1874 to 1894, and this Act may be cited together as the Building Societies Acts, 1874 to 1936.

(3) The Industrial and Provident Societies Acts, 1893 to 1913 and this Act may be cited together as the Industrial and Provident Societies Acts, 1893 to 1936.

(4) The Friendly Societies Acts, 1896 and 1908, and this Act may be cited together as the Friendly Societies Acts, 1896 to 1936.