Defence Act 1954

Billeting in peace time.

38

38. (1) In this section the expression “ victualling house” means any premises being—

( a) premises registered in a register kept under Part III of the Tourist Traffic Act, 1939 (No. 24 of 1939), or

( b) premises licensed under the Licensing Acts, 1833 to 1946, for the sale of intoxicating liquor for consumption on the premises, or

( c) a restaurant registered in a register kept under regulations made under Part V of the Health Act, 1947 (No. 28 of 1947).

(2) The Minister may make such regulations as he thinks fit—

( a) requiring the occupiers of victualling houses to provide lodging, attendance and food for members of the Defence Forces;

( b) requiring the occupiers of victualling houses and of livery stables to provide stabling and forage for horses of the Defence Forces;

( c) requiring the occupiers of victualling houses and garages to provide garaging for mechanically propelled vehicles of the Defence Forces;

( d) conferring on such persons as the Minister thinks proper such powers and authorities for the carrying out and enforcement of the regulations as he thinks proper;

( e) fixing, with the sanction of the Minister for Finance, the scales of payment to be made in respect of any lodging, attendance, food, stabling, forage or garaging so provided;

( f) providing for any matter or thing ancillary to the matters aforesaid.

(3) If any person contravenes (by act or omission) any regulation made under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F30 [ 200 ] pounds.

(4) No member of the Defence Forces shall in pursuance of any regulation made under this section be billeted in any private house or in any premises occupied by women only.

(5) There shall be paid to persons providing lodging, attendance, food, stabling, forage or garaging in pursuance of regulations made under this section payments in accordance with the scales fixed by such regulations.

(6) Where by regulations made under this section any powers or duties are conferred or imposed on members of the Garda Síochána or where such regulations provide that any arrangements with regard to billeting shall be made in consultation with a member of the Garda Síochána, such regulations so relating to the Garda Síochána shall be made with the concurrence of the Minister for Justice.

(7) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.

Annotations:

Amendments:

F30

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 6, commenced on enactment.