Civil defence act 2012

• Act Number: 51
• Enactment Date: 26 December 2012

Number 51 of 2012
CIVIL DEFENCE ACT 2012
ARRANGEMENT OF SECTIONS
Section
1. Definitions.
2. Dissolution day.
3. Dissolution of Civil Defence Board.
4. Transfer of functions to Minister.
5. Transfer of land and other property.
6. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body.
7. Liability for loss occurring before dissolution day.
8. Provisions consequent upon transfer of functions, assets and liabilities to Minister.
9. Final accounts and final annual report of dissolved body.
10. Transfer of members of staff of dissolved body.
11. Preservation of contracts made by dissolved body.
12. Civil defence plans.
13. Annual report of local authority.
14. Grants paid by Minister to local authorities for civil defence purposes.
15. Recruitment of civil defence members.
16. Civil defence register.
17. Repeal.
18. Short title, collective citation and commencement.
Acts Referred to
Adoptive Leave Acts 1995 and 2005 Air-Raid Precautions Act 1939 1939, No. 21 Air-Raid Precautions Acts 1939 and 1946 Carer’s Leave Act 2001 2001, No. 19 Civil Defence Act 2002 2002, No. 16 Geneva Conventions (Amendment) Act 1998 1998, No. 35 Geneva Conventions Act 1962 1962, No. 11 Interpretation Act 2005 2005, No. 23 Local Government Act 2001 2001, No. 37 Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 1997, No. 20 Parental Leave Acts 1998 and 2006 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Redundancy Payments Acts 1967 to 2011 Terms of Employment (Information) Acts 1994 to 2012 Unfair Dismissals Acts 1977 to 2007
Number 51 of 2012
CIVIL DEFENCE ACT 2012
AN ACT TO PROVIDE FOR THE DISSOLUTION OF THE CIVIL DEFENCE BOARD; TO TRANSFER CERTAIN FUNCTIONS OF THE CIVIL DEFENCE BOARD TO THE MINISTER FOR DEFENCE; TO REPEAL THE CIVIL DEFENCE ACT 2002; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[26th December, 2012]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.— In this Act—
	“Act of 2001” means the Local Government Act 2001 ;
	“Act of 2002” means the Civil Defence Act 2002 ;
	“civil defence” has the meaning assigned to it by the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), the text of which is set out in the Fifth Schedule to the Geneva Conventions Act 1962 (inserted by section 7 of the Geneva Conventions (Amendment) Act 1998 );
	“Civil Defence Board” means the Civil Defence Board established by section 7 of the Act of 2002;
	“civil defence member” means a person—
	(a) who stands appointed in accordance with section 15 , or
	(b) who, immediately before the dissolution day, was registered in a register established under section 35 of the Act of 2002;
	“civil defence plan” has the meaning assigned to it by section 12 ;
	“director general of the dissolved body” means the person who, immediately before the dissolution day, stood appointed under section 14 of the Act of 2002 as the director general of the dissolved body;
	“dissolution day” shall be construed in accordance with section 2 ;
	“dissolved body” has the meaning assigned to it by section 3 ;
	“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
	“local authority” means—
	(a) a county council within the meaning of the Act of 2001, or
	(b) a city council within the meaning of that Act,
	that, immediately before the dissolution day, performed functions relating to civil defence;
	“Minister” means the Minister for Defence;
	“register” has the meaning assigned to it by section 16 .
	Dissolution day.	2.— The Minister may, by order, appoint a day to be the dissolution day for the purposes of this Act.
	Dissolution of Civil Defence Board.	3.— On the dissolution day the Civil Defence Board (in this Act referred to as the “dissolved body”) shall stand dissolved.
	Transfer of functions to Minister.	4.— (1) All functions of the Minister that, immediately before the dissolution day, were vested in the dissolved body by virtue of section 9 of the Act of 2002 are transferred to the Minister.
	(2) References in any enactment to the Civil Defence Board shall be construed as references to the Minister.
	Transfer of land and other property.	5.— (1) On the dissolution day, all lands that, immediately before that day, were vested in the dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Minister for all the estate or interest therein that, immediately before the dissolution day, were vested in the dissolved body, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.
	(2) On the dissolution day all property (other than land), including choses-in-action, that immediately before that day, was vested in the dissolved body shall stand vested in the Minister without any assignment.
	(3) Every chose-in-action vested in the Minister by virtue of subsection (2) may, on and from the dissolution day, be sued on, recovered or enforced by the Minister in his or her name, and it shall not be necessary for the Minister, or the dissolved body, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
	Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body.	6.— (1) All rights and liabilities of the dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall on that day stand transferred to the Minister.
	(2) Every right and liability transferred by subsection (1) to the Minister may, on and after the dissolution day, be sued on, recovered or enforced by or against the Minister in his or her name, and it shall not be necessary for the Minister, or the dissolved body, to give notice to the person whose right or liability is transferred by that subsection of such transfer.
	(3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in the Minister by or under this Act, and in force immediately before the dissolution day, shall continue in force as if granted by the Minister.
	Liability for loss occurring before dissolution day.	7.— (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of the functions assigned to the Minister by or under this Act shall on and after that day, lie against the Minister and not against the dissolved body.
	(2) Any legal proceedings pending immediately before the dissolution day to which the dissolved body is a party, that relate to a function of the Minister, shall be continued, with the substitution in the proceedings of the Minister, in so far as they so relate, for the dissolved body.
	(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the dissolved body, be enforceable against the Minister and not the dissolved body.
	(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, where the claim relates to functions assigned to the Minister by or under this Act, be regarded as having been made by or proper to be made by the Minister and may be pursued and sued for by the Minister as if the loss or injury had been suffered by the Minister.
	Provisions consequent upon transfer of functions, assets and liabilities to Minister.	8.— (1) Anything commenced and not completed before the dissolution day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to the Minister under section 4 , be carried on or completed on or after the dissolution day by the Minister.
	(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 4 , shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Minister.
	(3) References to the Civil Defence Board in the memorandum or articles of association of any company and relating to a function transferred by section 4 shall, on and after the dissolution day, be construed as references to the Minister.
	(4) Any money, stocks, shares or securities transferred by section 5 that, immediately before the dissolution day, were standing in the name of the dissolved body shall, on the request of the Minister, be transferred into his or her name.
	(5) A certificate signed by the Taoiseach that any property, right or liability has or, as...