Prisons Act, 1933

JurisdictionIreland
CitationIR No. 51/1933
Year1933


Number 51 of 1933.


PRISONS ACT, 1933.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions and application.

2.

Power of the Minister to close prison.

3.

Retention of closed prisons by the Minister.

4.

User and disposal of prisons retained by the Minister.

5.

Provisions consequential or the division of a prison.

6.

Validation of certain orders closing prisons.

7.

Retention by Minister of certain disused prisons.

8.

Repeals.

9.

Short title and citation.


Act Referred to

State Lands Act, 1924

No. 45 of 1924


Number 51 of 1933.


PRISONS ACT, 1933.


AN ACT TO AMEND THE LAW RELATING TO THE CLOSING OF PRISONS AND TO THE USE, CONTROL AND DISPOSAL OF PRISONS WHICH HAVE BEEN CLOSED, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [15th December, 1933.]

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

Definitions and application.

1.—(1) In this Act—

the expression “the Principal Act” means the General Prisons (Ireland) Act, 1877 ;

the expression “the Minister” means the Minister for Justice;

the expression “local authority” means the council of the county or county borough in which is situated the prison in relation to which the expression is used;

the word “prison” means a gaol or prison to which the Prisons (Ireland) Acts, 1826 to 1907, apply and includes any land held or used in conjunction with and for the purposes of any such prison.

(2) This Act shall not apply to the Mountjoy Male Prison, Dublin, nor to the Mountjoy Female Prison, Dublin.

Power of the Minister to close prison.

2.—(1) The Minister may by order (in this Act referred to as a closing order) direct that any particular prison or any specified part of a particular prison shall be closed as on and from a specified date, and may also, if he so thinks fit, by the same order direct that all the estate and interest of the Minister in the whole or any specified portion of the prison or part of a prison so directed to be closed shall, immediately upon such closing or on any specified subsequent date, vest in the local authority.

(2) Whenever the Minister makes a closing order, the prison or part of a prison thereby directed to be closed shall be closed in accordance with such closing order and, if such closing order so directs, shall to the extent and at the time specified in such order be transferred to and become vested in the local authority without any further or other conveyance.

(3) Where the effect of a closing order is such that in consequence thereof there is no building in use as a prison in the county or county borough in which is situate the prison to which such order relates, such order shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days after the first day on which such House sits after such order is laid before it, such order shall be annulled accordingly.

Retention of closed prisons by the Minister.

3.—(1) Where a prison or part of a prison is closed by a closing order and is not directed by such order to be wholly transferred to the local authority, the Minister shall retain such prison or part of a prison except so much (if any) thereof as is directed by such order to be transferred to the local authority.

(2) Where a prison or part of a prison is closed by a closing order and...

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