No. 21/1957:

SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1957

ARRANGEMENT OF SECTIONS

1 The Minister.

2 Meals (other than meals in national schools).

3 Meals in national schools.

4 Fuel.

5 Powers to be exercised by inspectors.

6 Expenses.

7 Short title and commencement.

AN ACT TO AUTHORISE THE PROVISION OF MEALS AND FUEL BY CERTAIN LOCAL AUTHORITIES, TO AMEND THE EDUCATION (PROVISION OF MEALS) ACTS, 1914 TO 1930, TO PROVIDE FOR CERTAIN POWERS TO BE EXERCISED BY INSPECTORS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[20th November, 1957]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act "the Minister" means the Minister for Social Welfare.

2.—(1) The corporation of a county borough may provide meals (other than meals in national schools) for such persons as they think fit and for that purpose may—

( a ) provide food for the meals,

( b ) provide such depôts, accommodation, apparatus, equipment and service as may be necessary for the preparation, cooking and distribution of the food, and

( c ) take such other steps as in their opinion are necessary for or incidental to the provision of the meals.

(2) The corporation of a county borough may exercise the powers conferred on them by this section either directly or in association or by arrangement with any other person or body.

(3) The corporation of a county borough may charge such amounts as they think proper for meals provided by them under this section.

(4) The corporation of a county borough shall not provide meals under this section save during such period or periods as the Minister may direct in relation to the corporation.

(5) The powers conferred by this section on the corporation of a county borough shall not be exercised save in accordance with a scheme or schemes made by the corporation and approved of by the Minister.

(6) Any such scheme may, in particular, contain provisions specifying the persons for whom meals may be provided and the circumstances in which meals may be supplied.

3.—(1) Section 3 of the Education (Provision of Meals) (Ireland) Act, 1914, is hereby amended by the deletion of "authorise them to spend out of the rates such sum as will meet the cost of the provision of such food "and the substitution therefor of ", notwithstanding anything contained in section 1 or section 2 of this Act, authorise them to provide free of charge, or to meet the whole or part of the cost of the provision free of charge of, meals for those children attending that school".

(2) Section 1 of the Education (Provision of Meals) (Ireland) Act, 1917, is hereby amended by—

( a ) the substitution of "expenses incurred pursuant to an authorisation" for "the cost of the provision of food" where the latter words occur in subsection (1),

( b ) the substitution of "expenses incurred pursuant to an authorisation" for "the provision of food" where the latter words occur firstly in subsection (2), and

( c ) the substitution of "meals" for "food" where the latter word occurs secondly in subsection (2).

(3) Where any expenditure was incurred before the commencement of this Act by a local authority within the meaning of the Education (Provision of Meals) Acts, 1914 to 1930, in providing free of charge, or meeting the whole or part of the provision free of charge of, meals for children attending a national school, that expenditure and any contribution thereto made out of the Exchequer shall be deemed to be and always to have been valid and proper.

4.—(1) In this section—

"cheap fuel scheme" means a scheme approved of by the Minister for the provision of fuel for specified categories of persons;

"timber" means timber (including growing timber) suitable for use as or for conversion into firewood;

"urban authority" means any body which is—

( a ) the corporation of a county borough,

( b ) the corporation of a borough other than a county borough,

( c ) the council of an urban district, or

( d ) the commissioners of a town.

(2) For the purposes of a cheap fuel scheme made by an urban authority, that authority may—

( a ) acquire by agreement any timber or turf,

( b ) by direct labour or contract, fell any timber so acquired,

( c ) by direct labour or contract, convert or partly convert any timber so acquired into firewood, and

( d ) transport, store, sell or dispose of any timber or turf so acquired.

(3) Nothing contained in subsection (2) of this section shall be construed as restricting the operation of the Forestry Act, 1946 (No. 13 of 1946).

5.—(1) In this section—

"footwear Order" means the Public Assistance (Footwear Regulations) Order, 1944 ( S. R. & O. No. 339 of 1944 );

"footwear voucher" means a voucher issued by a public assistance authority in accordance with the footwear Order entitling the person to whom it is issued to obtain official footwear for the child specified in the voucher;

"inspector" means a person appointed in writing to be an inspector for the purposes of this section by a public assistance authority or, where for the time being contributions are made from the Exchequer towards the expenses incurred by public assistance authorities in giving effect to the footwear Order, by the Minister;

"official footwear" means boots or shoes manufactured for the purpose of distribution in accordance with the footwear Order.

(2) Where an inspector has reasonable grounds for believing that any person has in his possession or control a footwear voucher or official footwear, the inspector may request that person to state whether he has or has not in his possession or control any such voucher or footwear.

(3) An inspector may request any person who has in his possession or control a footwear voucher or official footwear—

( a ) to state the circumstances in which the voucher or footwear came into his possession or control,

( b ) to produce the voucher or footwear,

( c ) to permit the inspector to examine the voucher or footwear.

(4) An inspector may request any person to whom a footwear voucher has been issued—

( a ) to state whether he has or has not exchanged the voucher for official footwear,

( b ) if he has not exchanged the voucher for official footwear, to produce the voucher to the inspector and permit the inspector to examine it,

( c ) if he has exchanged the voucher for official footwear, to produce the footwear to the inspector and permit the inspector to examine it.

(5) Where a person to whom a request is made under this section does not comply with the request, he shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding five pounds, unless he shows that he had reasonable grounds for not complying with the request.

(6) An inspector, when exercising any of the powers conferred by this section, shall, if so requested, produce his appointment under this section to any person affected.

6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

7.—(1) This Act may be cited as the Social Welfare (Miscellaneous Provisions) Act, 1957 .

(2) This Act shall come into operation on such day as the Minister appoints by order.