CIVIL DEFENCE ACT 2012

• Jurisdiction: Ireland
• Citation: IR No. 51/2012
• Year: 2012

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
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Number 51 of 2012

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CIVIL DEFENCE ACT 2012

REVISED

Updated to 21 May 2020

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This Revised Act is an administrative consolidation of Civil Defence Act 2012. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 51 of 2012

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CIVIL DEFENCE ACT 2012

REVISED

Updated to 21 May 2020

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Civil Defence Acts 1939 to 2014: this Act is one of a group of Acts included in this collective citation (Local Government Reform Act 2014 (1/2014), s. 1(9)). The Acts in this group are:

• Air Raid Precautions Act 1939 (19/1939)

• Air Raid Precautions (Amendment) Act 1946 (28/1946)

• Civil Defence Act 2012 (51/2012)

• Local Government Reform Act 2014 (1/2014), s. 1(9), and s. 5(6) and sch. 2 part 6 in so far as they amend the Air-Raid Precautions Act 1939 and the Civil Defence Act 2012.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Local Government Reform Act 2014 (1/2014)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Civil Defence Board Dissolution Order 2012 (S.I. No. 570 of 2012)

All statutory instruments up to and including Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this revision.

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Number 51 of 2012

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CIVIL DEFENCE ACT 2012

REVISED

Updated to 21 May 2020

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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

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Number 51 of 2012

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CIVIL DEFENCE ACT 2012

REVISED

Updated to 21 May 2020

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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:

Annotations

Modifications (not altering text):

C1

References to “county council” and “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.— ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

...

1.

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.

2.

Dissolution day.

2.— The Minister may, by order, appoint a day to be the dissolution day for the purposes of this Act.

Annotations

Editorial Notes:

E1

Power pursuant to section exercised (31.12.2012) by Civil Defence Board Dissolution Order 2012 (S.I. No. 570 of 2012).

2. The 31st day of December 2012 is appointed as the dissolution day for the Civil Defence Board.

3.

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.

4.

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.

5.

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.

6.

Transfer of rights...