Constitution (consequential provisions) act, 1937

• Act Number: 40
• Enactment Date: 17 December 1937

Number 40 of 1937.
CONSTITUTION (CONSEQUENTIAL PROVISIONS) ACT, 1937.
ARRANGEMENT OF SECTIONS
Section 1. Commencement. 2. General adaptation of the expressions “Saorstát Eireann” and “Irish Free State”. 3. Adaptation of references to the President of the Executive Council and his Department. 4. General adaptation of references to officials and authorities. 5. Power of the Government to make special adaptations and modifications. 6. The Central Fund and the Exchequer. 7. Consequential provisions in respect of the Central Fund. 8. The seal of the Government. 9. Temporary user of existing official seals. 10. Revivor of enactments relating to Seanad Eireann. 11. Adaptations in relation to the first assembly of Seanad Eireann. 12. Temporary user of existing forms of official documents. 13. Convictions by the Constitution (Special Powers) Tribunal. 14. Short title.
Acts Referred to Seanad Eireann (Consequential Provisions) Act, 1936 No. 26 of 1936 Electoral Act, 1923 No. 12 of 1923 Seanad Electoral Act, 1928 No. 29 of 1928 Seanad Bye-elections Act, 1930 No. 1 of 1930 Electoral (Amendment) Act, 1933 No. 14 of 1933
Number 40 of 1937.
CONSTITUTION (CONSEQUENTIAL PROVISIONS) ACT, 1937.
AN ACT TO MAKE DIVERS PROVISIONS CONSEQUENTIAL ON OR INCIDENTAL TO THE COMING INTO OPERATION OF THE CONSTITUTION OF IRELAND LATELY ENACTED BY THE PEOPLE. [17th December, 1937.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Commencement.	1.—This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the People.
	General adaptation of the expressions “Saorstát Eireann” and “Irish Free State.”	2.—(1) In every statute and statutory instrument in force immediately prior to the date of the coming into operation of the Constitution and continued in force thereafter by section 1 of Article 50 of the Constitution, the expressions “Saorstát Eireann” and “Irish Free State” (whether such expressions are expressed in such statute or statutory instrument by virtue of original enactment or by virtue of subsequent amendment or modification or are implied therein by virtue of a general or a specific adaptation or interpretation) shall—
	(a) in relation to anything done or to be done or an event occurring or a period or series of periods ending before the coming into operation of the Constitution, be construed and have effect (unless the context otherwise requires) in like manner as they respectively were construed and had effect immediately prior to the date of the coming into operation of the Constitution, and
	(b) in relation to anything done or to be done or an event occurring or a period or series of periods beginning after the coming into operation of the Constitution, be construed and have effect (unless the context otherwise requires) as meaning Ireland, and
	(c) in relation to anything done or to be done or an event occurring partly before and partly after the coming into operation of the Constitution or in relation to a period beginning before and ending after, or a series of periods the first of which begins before and the last of which ends after, the coming into operation of the Constitution, be construed and have effect (unless the context otherwise requires)—
	(i) in regard to so much of such thing as is done or to be done and so much of such event as occurs and such portion of such period or series of periods as is prior to the coming into operation of the Constitution, in like manner as they respectively were construed and had effect immediately prior to the date of the coming into operation of the Constitution, and
	(ii) in regard to so much of such thing as is done or to be done and so much of such event as occurs and such portion of such period or series of periods as is subsequent to the coming into operation of the Constitution, as meaning Ireland.
	(2) No adaptation of the expression “Saorstát Eireann” or the expression “Irish Free State” by virtue of the foregoing sub-section of this section shall operate so as to extend the meaning of such expression as to include therein any area which is, for the time being, not within the area and extent of application of the laws enacted by the Oireachtas.
	(3) Neither paragraph (c) of sub-section (1) of this section nor any adaptation by virtue of that paragraph shall operate to cause a break in or otherwise to prejudice the continuity of any such thing, event, period, or series of periods as is mentioned in the said paragraph.
	Adaptation of references to the President of the Executive Council and his Department.	3.—(1) From and after the coming into operation of the Constitution, the Department of the President of the Executive Council shall be styled and known as the Department of the Taoiseach and the Taoiseach shall be the Minister who is head of that Department.
	(2) Every mention or reference in any statute or statutory instrument in force immediately prior to the date of the coming into operation of the Constitution and continued in force thereafter by section 1 of Article 50 of the Constitution (whether such mention or reference is expressed in such statute or statutory instrument by virtue of original enactment or by virtue of subsequent amendment or modification or is implied therein by virtue of a general or a specific adaptation or interpretation) of or to the President of the Executive Council or of or to the Department of the President of the Executive Council shall,—
	(a) in relation to anything done or to be done or an event occurring before the coming into operation of the Constitution, be construed and have effect (unless the context otherwise requires) in like manner as it was construed and had effect immediately prior to the date of the coming into operation of the Constitution, and
	(b) in relation to anything done or to be done or an event occurring after the coming into operation of the Constitution, be construed and have effect, unless the context otherwise requires, as a mention of or reference to (as the case may require) the Taoiseach or the Department of the Taoiseach.
	(3) All moneys provided by the Oireachtas of Saorstát Eireann for the purposes of the Department of the President of the Executive Council during the financial year which began on the 1st day of April, 1937, shall be deemed to have been so provided also for the purposes of the Department of the Taoiseach during the said financial year and shall accordingly be applicable during the said financial year for the purposes of either the Department of the President of the Executive Council or the Department of the Taoiseach, as circumstances may require.
	General adaptation of references to officials and authorities.	4.—(1) Every mention or reference in any statute or statutory instrument in force immediately prior to the date of the coming into operation of the Constitution and continued in force thereafter by section 1 of Article 50 of the Constitution (whether such reference is expressed in such statute or statutory instrument by virtue of original enactment or by virtue of subsequent amendment or modification or is implied therein by virtue of a general or a specific adaptation or interpretation) of or to any official person or body or any governmental authority, whether legislative, judicial, or executive, established by or under or functioning under or by virtue of the Constitution of Saorstát Eireann shall,—
	(a) in relation to anything done or to be done or an event occurring before the coming into operation of the Constitution, be construed and have effect (unless the context otherwise requires) in like manner as it was construed and had effect immediately prior to the date of the coming into operation of the Constitution, and
	(b) in relation to anything done or to be done or an event occurring after the coming into operation of the Constitution, be construed and have effect (unless the context otherwise requires) as a mention of or reference to the official person or body or the governmental authority (as the case may be) established by or under or functioning under or by virtue of the Constitution who or which corresponds to or has the like functions as such official person or body...