Civil Defence Act (Northern Ireland) 1939
An Act to make further provision for civil defence and for purposes connected therewith.
[7th September 1939]
PART I
PUBLIC SHELTERS, ETC.
1. Application of Part I.
This Part of this Act shall apply only in relation to areas specified in that behalf in an order made by the Ministry of Home Affairs
(in this Act referred to as
the Ministry
).
2. Designation of premises.
— (1) Where it appears to the [
district council] that the whole or any part of a building is or can be made suitable
— (a)
for use as a public air-raid shelter; or
(b)
for use, in the event of hostile attack, by the [
district council] in carrying out any of their civil defence functions, the [
district council] may post in the building or part a notice declaring that that building or part may be required for use for public purposes of civil defence.
(2) Where the [ district council] post such a notice they shall notify the Ministry and take such steps as appear reasonably practicable to bring the contents of the notice to the knowledge of the persons having estates or interests in the building or part of a building.
(3) The [ district council] may at any time withdraw any such notice as aforesaid by posting a notice to that effect in the building or part of a building.
(4) A building or part of a building where a notice under sub-section (1) of this section has been posted and has not been withdrawn is in this Act referred to as designated premises
and references in this Act to the designation of premises shall be construed accordingly.
(5) It shall be the duty of the [ district council] to keep, in such form as may be prescribed, a register of all designated premises in their area, and such register may be inspected by any person free of charge at any time while the offices of the [ council] are open for the transaction of business.
(6) Notwithstanding anything in this section the [ district council] shall not, without the prior consent of the appropriate department, designate any premises which either — (a)
are occupied by any public utility undertakers for the purposes of their undertaking; or
(b)
are situate on land over which any public utility undertakers exercise any control under any enactment or order relating to their undertaking.
3. Appeal from designation of premises.
— (1) Within fourteen days from the designation of any premises, any person having any estate or interest therein may appeal to the Ministry against the designation thereof on the ground
— (a)
that the whole or any part of the premises is required for use for purposes of public importance and that accordingly it is inexpedient that they should be designated as aforesaid; or
(b)
that the whole or any part of the premises is required for use as a private air-raid shelter for the persons in the premises or in the building of which they form part.
(2) If on any such appeal the Ministry is satisfied as to the truth of the grounds of the appeal, the Ministry may, if it thinks fit, order that the designation of the premises shall cease to have effect, or that it shall cease to have effect as respects a specified part of the premises originally designated.
(3) Where a designation so ceases to have effect as respects the whole or any part of any premises, the premises or part shall not again be designated without the leave of the Ministry.
(4) Nothing in this section applies to premises mentioned in sub-section (6) of the last preceding section. 4. Execution of works.
Where it appears to the [
district council] expedient for the purpose of making designated premises suitable or more suitable for any of the purposes mentioned in sub-section (1) of section two of this Act, or of keeping them suitable for any of those purposes, that works should be executed in those premises, or in the building of which they form part, or in or on any adjacent building or land, they may, if they are unable to secure the execution of those works by agreement, themselves execute those works:
Provided that — (a)
the [
district council] shall not, except with the agreement of all persons concerned, begin any such works as aforesaid until the period has expired for appealing to the Ministry against the designation of the premises in question or, if an appeal is brought within that period, until the determination or abandonment of that appeal;
(b)
before entering (otherwise than with the consent of the occupier) on any premises, building or land for the purpose of executing any works, the [
district council] shall give to the occupier at least fourteen days' notice in writing of their intention so to do, but any such notice may be given at any time after the designation of the premises.
5. Designated premises to remain unaltered.
— (1) Subject to the provisions of this section, a person shall not, without the consent of the [
district council]
— (a)
make any structural alteration in any designated premises; or
(b)
remove or alter any works executed by, or by arrangement with, the [
district council] in or on any designated premises, any building of which designated premises form part, or any building or land adjacent to any designated premises:
Provided that if the [
district council] refuse their consent or do not give their consent within six weeks from the date on which application is made therefor, the applicant may appeal to the county court having jurisdiction in the area in which the premises are situate, and the court on the hearing of the appeal may authorise any alteration or removal desired by the applicant.
…
(2) Any person who contravenes the provisions of the preceding sub-section shall be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] :
Provided that a person shall not be convicted of an offence under this section in relation to any designated premises if he proves that he did not know, and had no reasonable grounds for suspecting, that the premises were designated premises.
(3) Where the court by which a person is convicted of an offence under this section is satisfied that the contravention constituting the offence has rendered the designated premises in question unsuitable, or less suitable, for the public purposes for which they may be required, it may order that the [ district council] shall be at liberty to charge to the person convicted their reasonable expenses of again rendering the premises as suitable for those purposes as they would have been if the contravention had not taken place, and where such an order is made any such expenses of the [ district council] shall be recoverable by them from the person convicted as a debt. 6. Compensation where works are executed.
— (1) Where works are executed under the preceding provisions of this Part of this Act in or on any premises, building or land by a [
district council], the occupier of the premises, building or land shall be entitled to recover from the [
district council] compensation for any damage he has sustained by reason of any interference with his use of the premises, building or land during the execution of the works.
(2) Where by reason of the execution aforesaid of any works, the usefulness of any premises, building or land is impaired, the [ district council] shall by way of compensation pay to the person who from time to time is the occupier of the premises, building or land, periodical sums, payable quarterly in arrear, calculated by reference to the diminution of the annual value of the premises, building or land, as the case may be, ascribable to the said impairment of the usefulness thereof.
(3) Where the designated premises in or in connection with which works were executed as aforesaid cease to be designated premises, the payments provided for by sub-section (2) of this section shall cease to be payable, but it shall be the duty of the [ district council] — (a)
to restore, as far as they think practicable, the premises, building or land to the condition in which they would be but for the execution of the works; and
(b)
if, after the restoration is completed, the premises, building or land are less in value than they would be if the works had not been executed, to pay to each of the persons having any estate or interest in the premises, building, or land such compensation, if any, in respect of the difference in value as may be reasonable:
Provided that the [ district council] may include in their notice withdrawing the designation of the premises a statement that to such extent as may be specified in the notice they do not intend to carry out any such restoration as aforesaid, and if such a statement is so included, their obligation to restore shall be correspondingly diminished and their obligations as to compensation shall, as respects the matters specified in the statement, be determined by reference to the state of affairs existing at the date of the withdrawing of the designation.
(4) Where a [ district council] restore any premises, building or land in accordance with the last foregoing sub-section, the occupier of the premises, building or land shall be entitled to recover from the [ district council] compensation for any damage he has sustained by reason of any interference with his use of the premises, building or land during the execution of the works. 7. Power of district council to construct air-raid shelters in streets.
— (1) Subject to the provisions of this section, the [
district council] may provide a public air-raid shelter on any road and may for that purpose construct works in or on the road or land adjoining the road and affix appliances to any building or wall adjoining the road.
Subs. (2) rep. by SRO (NI) 1973/341
(3) At least fourteen days before exercising any powers under this section the [ district council] shall — (a)
serve upon the occupiers of any land or building adjoining the site of the proposed shelter a notice stating their intention to exercise the powers and specifying the general nature of the shelter;
(b)
affix a similar notice in a prominent position upon or as near as possible to the site of the proposed shelter; and
(c)
cause a similar notice to be published in a newspaper circulating in the area of the [
council].
(4) The [ district council] shall not, in the exercise of their powers under this section, interfere with any mains, pipes, apparatus or works belonging to public utility undertakers unless they have given to those undertakers not less than fourteen days' notice of their intention so to do, nor in any case in which those undertakers intimate in writing to the [ district council] within fourteen days after the receipt of such notice their intention themselves to carry out any reasonably necessary removal, diversion or alteration of their mains, pipes, apparatus or works and proceed with reasonable despatch to complete the removal, diversion or alteration, and the [ district council] shall repay to the undertakers the amount of any expenses reasonably incurred by them in or in connection with any such removal, diversion or alteration; and if the [ district council] cause any damage to any such mains, pipes, apparatus or works they shall repay to the undertakers the amount of the expenses reasonably incurred by them in making good the damage.
(5) The [ district council] shall pay to any persons having an estate or interest in any land or building adjoining the road on which a shelter is constructed under this section such compensation, if any, as may be just in respect of any depreciation of their property caused by the construction of the shelter. 8. Agreements under Part I between district council and occupiers or owners of factory premises and commercial buildings.
— (1) The [
district council] may, if a representation is made to them by the Ministry that air-raid shelter cannot reasonably be provided in factory premises for all or any of the persons working or living therein, agree with the occupier of the premises to provide, on such terms as to payments by the occupier to the [
district council] as may be specified in the agreement, a public air-raid shelter which will be available for use, in whole or in part, by those persons.
(2) Sub-section (1) of this section shall apply in relation to commercial buildings as it applies in relation to factory premises — (a)
with the substitution for references to the occupier of references to the owner; and
(b)
with the omission of the reference to the representation of the Ministry.
S. 9 rep. by SRO (NI) 1973/341
PART II
PRIVATE SHELTERS AND TRAINING IN CERTAIN FACTORIES AND BUILDINGS
10. Application of Part II.
— (1) Subject to the provisions of this section, this Part of this Act, except the provisions thereof relating to the training of employed persons, shall apply only in relation to areas specified in that behalf in an order made by the Ministry (in this Act referred to as
compulsory areas
) and accordingly in this Part of this Act, except in the said provisions relating to training of employed persons, references to factory premises and commercial buildings shall be construed as references to factory premises and commercial buildings (as defined for the general purposes of this Act) which are situate in a compulsory area:
Provided that the Ministry may by order declare that any specified factory premises or commercial building shall be treated for the purposes of this Part of this Act as if the premises or building were included in a compulsory area, and while such an order is in force the premises or building shall be so treated accordingly.
(2) The Ministry may, in addition to specifying compulsory areas, by order specify areas (in this Act referred to as voluntary areas
) in relation to which sub-sections (3) to (6) of section twenty of this Act (which relates to the payment of Exchequer grants in respect of the provision of air-raid shelter) shall apply subject to the provisions of the said sub-sections. 11. Code for occupiers of factories, etc.
— (1) For the guidance of occupiers and owners of factory premises, factories and commercial buildings, and other persons concerned in providing air-raid shelter, the Ministry shall issue a code prescribing requirements with which the shelter must comply, and giving advice as to incidental matters and as to matters to be followed in providing the shelter, or, if such a code has been issued before the commencement of this Act, the Ministry may approve the code for the purposes of this Act, and may from time to time by order revise any such code by revoking, varying or adding to its provisions.
(2) In this Act the expression the code
means the said code as for the time being in force, or, in relation to shelter provided before the issue or approval of any such code, the said code as first issued or approved, and the expression shelter of the approved standard
means air-raid shelter which at least complies with all the requirements prescribed by the code:
Provided that any air-raid shelter provided before the passing of this Act which the Ministry is satisfied is substantially equivalent to shelter which complies with all the requirements prescribed by the code shall be deemed for the purposes of this Act to be shelter of the approved standard. 12. Duty of occupiers and owners of factory premises and commercial buildings to make reports.
— (1) It shall be the duty of every person who is the occupier of any factory premises or the owner of any commercial building
— (a)
not later than three months from the appropriate date to make a report in writing, in the case of factory premises to the Ministry, and in the case of a commercial building to the [
district council], stating what measures he has taken or is taking or proposing to take to provide air-raid shelter for the persons working or living in the factory premises or the commercial building, as the case may be;
(b)
on the completion of any works mentioned in any such report which have not been begun or are still incomplete at the date of the report, to report their completion in writing to the Ministry or [
district council], as the case may be.
(2) If any person fails to make a report which he is required to make under the preceding sub-section, he shall be liable on summary conviction to a fine not exceeding one hundred pounds, and, if the default in respect of which he was so convicted continues after the conviction, he shall be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] for each day on which the default so continues:
Provided that a person shall not be convicted of an offence under this section in relation to any commercial building if he proves that he did not know, and had not reasonable ground for suspecting, that the building was a commercial building.
(3) In this section the expression the appropriate date
means, in relation to any factory premises or commercial building, whichever of the three following dates is the latest, that is to say: — (a)
the first issue or approval of a code under the last preceding section;
(b)
the making of an order applying this Part of this Act to, or to an area containing, the premises or building;
(c)
the fulfilment of the conditions specified in the definition of factory premises
or commercial building,
as the case may be, contained in the provisons of this Act defining those expressions for the general purposes thereof.
13. Power of occupier or owner to execute works.
— (1) Subject to the provisions of this Part of this Act as to appeals and notices, the occupier of any factory premises and the owner of any commercial building may execute any works for the purpose of providing shelter of an approved type in the premises, or, in the case of a commercial building, in any part of the building or on any land adjacent to the building to which the estate or interest of the owner extends.
(2) Before commencing any such works, the occupier of any factory premises who is not the owner of the whole of the premises and the owner of any commercial building who is not the occupier of the whole of the building shall serve upon the persons hereafter in this section mentioned a notice in writing stating his intention to provide shelter of the approved standard, specifying with such particularity as the occupier or owner thinks reasonably necessary the nature and situation of the shelter, and specifying the number of persons that the shelter is to be constructed to accommodate.
(3) The said notice shall, in the case of factory premises, be served on the immediate landlord of the occupier, or, where he holds different parts of the premises under different landlords, on each of his immediate landlords, and in the case of a commercial building, shall be served on — (a)
every lessee of the whole or any part of the building whose lease is immediately derived from the estate or interest of the owner; and
(b)
the occupier of the building, or, where different parts of the building are occupied by different persons, each of those persons.
(4) Where the occupier of factory premises or the owner of a commercial building holds any part of the premises or building on lease, he shall, before commencing any such works, serve upon his immediate landlord, or where he holds different parts of the premises or building under different landlords, on each of his immediate landlords, such a notice as is mentioned in sub-section (2) of this section, and each person upon whom such a notice or a copy thereof is served in satisfaction of an obligation imposed by this sub-section, shall within seven days from the date of the service of the notice or copy himself serve a copy thereof upon his immediate landlord or landlords, if any:
Provided that where the occupier of factory premises has, under the said sub-section (2) served a copy of a notice on any person, the service of that notice shall be treated as satisfying his obligation under this sub-section to serve a notice on that person.
(5) The rights conferred by this section on the occupier of factory premises and the owner of a commercial building shall be exercisable by him notwithstanding any limitation on his interest in the premises or building or any agreement or restrictive covenant to the contrary, and notwithstanding, in the case of the owner of a commercial building, that he is not in occupation of the part of the building, or the land affected, and the person who exercises any such right shall not be liable to pay damages for anything done by him which is reasonably necessary for the due exercise of the right. 14. Power of the Ministry or district council to require provision of air-raid shelter.
— (1) The Ministry may serve on the occupier of factory premises and the [
district council] may serve on the owner of a commercial building (whether or not any report has been made under the preceding provisions of this Part of this Act) a notice in writing requiring him to provide air-raid shelter of the approved standard for all or any of the persons working or living in the factory premises or in the commercial building, as the case may be.
(2) Any such notice shall specify with such particularity as the Ministry or [ council] thinks or think reasonably necessary the nature and situation of the shelter, and shall specify the number of persons that the shelter is to be constructed to accommodate.
(3) Any such notice shall also state — (a)
that the shelter is to be provided within such time as may be specified in the notice or such longer time as the Ministry may allow;
(b)
that that time will begin to run twenty-eight days after the service of the notice, or, if an appeal is brought against the notice, from the date of the determination or abandonment of the appeal.
(4) An occupier or owner on whom such a notice has been served shall not exercise any power to execute works conferred by the last preceding section except for the purpose of complying with the said requirements.
(5) If any person fails to comply with the requirements of a notice served on him under this section, he shall be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] , and, if the default in respect of which he was so convicted continues after the conviction, he shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the default so continues:
Provided that the court by which a person is convicted of an offence may fix a reasonable period from the date of conviction for compliance by the defendant with the requirements of the notice, and, where a court has fixed such a period, the said daily penalty shall not be recoverable in respect of any day before the expiration thereof.
(6) Where a notice is served under this section on the occupier of factory premises who is not the owner of the whole of the premises, he shall, within fourteen days from the date of the service of the notice on him, serve a copy thereof on his immediate landlord, or, where he holds different parts of the premises under different landlords, on each of his immediate landlords.
(7) Where a notice is served under this section on the owner of a commercial building who is not the occupier of the whole of the building, he shall, within fourteen days from the date of the service of the notice on him, serve a copy thereof on — (a)
every lessee of the whole or any part of the building whose lease is immediately derived from the estate or interest of the owner; and
(b)
the occupier of the building or, where different parts of the building are occupied by different persons, each of those persons.
(8) Where a notice is served under this section on the occupier of factory premises or the owner of a commercial building and the occupier or owner holds any part of the premises or building on lease, he shall within fourteen days from the date of the service of the notice on him serve a copy thereof upon his immediate landlord or where he holds different parts of the premises or building under different landlords, on each of his immediate landlords, and each person upon whom a copy of such a notice is served in satisfaction of an obligation imposed by this sub-section shall within seven days from the date of the service of the copy on him himself serve a copy upon his immediate landlord or landlords, if any:
Provided that where the occupier of factory premises has under sub-section (6) of this section served a copy of a notice on a person the service of the copy shall be treated as satisfying his obligation under this sub-section to serve a copy on that person.
(9) A notice under this section requiring the provision of air-raid shelter shall be deemed to be complied with if, by an agreement under Part I of this Act between the occupier of the premises or the owner of the building, as the case may be, and the [ district council] that shelter is provided in a public air-raid shelter. 15. Appeals.
— (1) Where a notice is served under sub-section (2) of section thirteen or sub-section (1) of section fourteen of this Act, any person who was served thereunder with the notice or is entitled to any interest which may, under the provisions of this Part of this Act relating to factory premises occupied under short leases, become the subject of a charge in respect of the expenses of the occupier of the premises in providing the shelter to which the notice relates, or is, under the provisions of this Part of this Act relating to increases of rent in the case of certain commercial buildings, liable to an increase of rent in respect of the expenses of the owner of the building in providing the said shelter, may, within the period specified in sub-section (4) of this section, appeal to the Ministry on the ground that
— (a)
the proposals or requirements of the notice are not appropriate, or are not those most appropriate to the circumstances of the case; or
(b)
it is not reasonable to require the provision of any air-raid shelter in the case of the premises or building.
(2) If the Ministry allows an appeal on the ground specified in paragraph ( a ) of sub-section (1) of this section the Ministry shall vary the terms of the notice in such manner as it thinks fit and if the Ministry allows an appeal on the ground specified in paragraph ( b ) thereof it shall cancel the notice.
(3) Where under either of the last two preceding sections an occupier or owner has served a notice, or is required to serve a copy of a notice served upon him, with respect to air-raid shelter, he shall not begin to execute works for the purpose of providing the shelter to which the notice relates before the expiration of the period specified in sub-section (4) of this section, or, if within that period an appeal is brought against the notice, until the determination or abandonment of the appeal.
(4) The period referred to in the preceding provisions of this section shall — (a)
where a notice has been served by the Ministry or a [
district council], be twenty-one days from the service of such notice;
(b)
in the case of factory premises where no notice has been served by the Ministry, be fourteen days from the service of the notice by the occupier;
(c)
in the case of a commercial building where no notice has been served by the [
district council], be fourteen days from the service of the notice by the owner.
16. Provisions as to factory premises occupied under short leases.
— (1) The provisions of this section shall have effect where the occupier of factory premises who is not the owner of the whole of the premises incurs expenses in executing works in pursuance of a notice served by or on him under the preceding provisions of this Part of this Act, being a notice which or, as the case may be, a copy of which, has been duly served on all the persons on whom the occupier is required to serve it by the said provisions, and not being a notice cancelled on appeal.
(2) On the termination, within the period of ten years immediately following the date of the completion of the works, of any tenancy of the whole or any part of the premises, being a tenancy in existence at that date, the interest expectant on the termination of the tenancy shall, unless it is otherwise agreed in connection with the works or after the completion thereof, be charged in favour of the outgoing tenant with a sum which bears to the net ascertained cost of the works, the proportion which so much of the said period as is unexpired at the termination of the tenancy bears to the whole of the period.
(3) In this section, the expression the net ascertained cost of the works,
means such sum as may within the six months next following the completion of the works, be agreed by all persons entitled to interests which may become subject to such a charge as aforesaid, or as may be decided in proceedings commenced within the said six months, to be the amount of the reasonable expenses incurred in executing the works, as reduced by any grant out of [ moneys provided by the Parliament of the United Kingdom] towards those expenses:
Provided that, in relation to a tenancy not extending to the whole of the premises, the said expression shall be construed as if for the reference to the amount of the said expenses reduced as aforesaid there were substituted a reference to an amount bearing to that amount (as so reduced) the same proportion that the annual value, at the date of the completion of the works, of the premises comprised in the tenancy bears to the annual value at that date of the whole of the premises.
Where the air-raid shelter which has been provided in pursuance of the notice provides a greater degree of protection or accommodation than is contemplated by the code, no greater expense shall be deemed for the purposes of this sub-section to have been reasonably incurred in executing the works for the purpose of providing the shelter than would have been so incurred if that greater degree of protection or accommodation had not been provided.
(4) Any charge created by this section on any interest in factory premises shall have priority over all other incumbrances on that interest, except charges created or arising under any enactment authorising a charge for the recovery of expenses incurred by a [ district council] and charges created under any enactment authorising advances of public money; and the person in whose favour the charge is created shall, for the purpose of enforcing it, have the same powers and remedies as he would have if he were a mortgagee by deed having powers of sale and lease, and of appointing a receiver.
(5) The provisions of this section shall have effect in relation to any tenancy notwithstanding any term thereof requiring the tenant to pay outgoings or any similar term.
(6) Where the occupier of factory premises has become liable to pay any sums to the [ district council] under an agreement for the provision by that authority of a public air-raid shelter for the use, in whole or in part, of persons working or living in the premises, sub-sections (2) to (5) of this section shall apply as if those sums were expenses incurred in executing works in pursuance of a notice duly served by the occupier under the preceding provisions of this Part of this Act (not being a notice cancelled on appeal), and as if the date of the conclusion of the agreement were the date of the completion of the works. 17. Special provisions as to commercial buildings when owner does not occupy the whole building.
— (1) Where works are, by virtue of this Part of this Act, executed by the owner of a commercial building in any part thereof of which he is not the occupier, the occupier of that part of the building shall be entitled to recover from the owner compensation for any damage he has sustained by reason of any interference with his use of that part of the building during the execution of the works.
(2) Where the usefulness of any part of a commercial building is impaired by reason of the execution therein of any works by virtue of this Part of this Act by the owner of the building, then, unless it is otherwise agreed in connection with, or after, the provision of the shelter, the rent payable under every lease derived from the estate or interest of the owner, being a lease in existence at the date of the completion of the works and comprising the part of the building the usefulness of which is so impaired, shall be decreased to the extent and for the period specified in the subsequent provisions of this section.
(3) The said decrease shall be at an annual rate equal to the diminution of the annual value of the part of the building ascribable to the impairment, ascertained as at the date of the completion of the works.
(4) Where a notice has been served under the preceding provisions of this Part of this Act by or on the owner of a commercial building who is not the occupier of the whole of the building and the owner has incurred expenses in providing shelter of the approved standard in pursuance of the notice, then, unless the notice has been cancelled on appeal, the rent payable under every lease derived from his estate or interest (being a lease in existence at the date of the completion of the works) shall, unless it is otherwise agreed in connection with, or after, the provision of the shelter, be increased to the extent and for the period specified in the subsequent provisions of this section:
Provided that no increase shall be payable by any person unless the owner has served the notice, or, as the case may be, a copy thereof, on all the persons on whom he is required to serve it by the preceding provisions of this Part of this Act within the time limited by those provisions.
(5) The said increase shall be at the annual rate of the total of the two following amounts, that is to say: — (a)
one-tenth of the expenses of the owner under the notice;
(b)
any diminution of the annual value of any part of the building ascribable to an impairment of the usefulness thereof by reason of the execution of the works, ascertained as at the date of the completion of the works:
Provided that, in the case of a lease of part of a commercial building, the increase shall be calculated by reference not to the whole of the said total but to an amount bearing thereto the same proportion as the annual value of the part of the building at the date of the completion of the works bears to the annual value of the whole building at that date.
(6) The said increase shall operate in relation to a lease notwithstanding that the rent payable thereunder is decreased under the provisions of sub-section (2) of this section, and any such increase and any such decrease shall be set off against each other accordingly.
(7) The rent on which any such increase or decrease as aforesaid operates is all rent payable under the lease in question in respect of any rent period beginning after the date of the completion of the works:
Provided that no increase or decrease shall operate in respect of more than ten years.
In this sub-section the expression rent period
means the quarter or other period in respect of which an instalment of rent becomes payable under the lease in question.
(8) In this section the expression expenses
in relation to a notice means the expenses reasonably incurred by the owner in providing shelter of the approved standard in pursuance of the notice together with — (a)
the amount of any compensation properly paid by the owner under sub-section (1) of this section; and
(b)
where the owner is the occupier of any part of the building in which works were executed for the purpose of providing the shelter, the amount of compensation which he would have been entitled to recover under that sub-section from the owner of the building if he himself had not been the owner thereof, and the works had been done by the owner by virtue of the provisions of this Part of this Act.
Where the air-raid shelter which has been provided in pursuance of the notice provides a greater degree of protection or accommodation than is contemplated by the code, no greater expense shall be deemed for the purposes of this sub-section to have been reasonably incurred in executing the works for the purpose of providing the shelter than would have been so incurred if that greater degree of protection or accommodation had not been provided.
(9) Notwithstanding anything in this section, if any lessee proves that he or his predecessor in title, as the case may be, was not a person on whom the notice or a copy of the notice in question was required to be served by the preceding provisions of this Act and had no reasonable opportunity of appealing to the Ministry against the notice and that by reason of his or his said predecessor's inability to appeal he has suffered damage, such reduction shall be made in the amount of the increase of the rent payable under his lease as may be just.
(10) A surety for the payment of any rent which is increased under this section shall not be discharged by reason of the increase but shall not be liable in respect of the increase.
(11) Where an owner claims or could have claimed an increase of rent under this section in respect of any expenses, he shall not be entitled to claim those expenses or any part thereof under any term of a lease requiring the tenant to pay outgoings or any similar term.
(12) Sub-sections (4), (5), (7), (10) and (11) of this section shall apply in relation to any sums for which the owner of a commercial building becomes liable to a [ district council] under an agreement for the provision of a public air-raid shelter for the use, in whole or in part, of persons working or living in the building, as if — (a)
the owner had provided shelter of the approved standard in pursuance of a notice duly served by him under the preceding provisions of this Part of this Act (not being a notice cancelled on appeal) and the said sums were expenses under that notice; and
(b)
the date of the conclusion of the agreement were the date of the completion of the works.
18. Contributions in respect of works commenced before the passing of this Act.
— (1) Where any person having any estate or interest in factory premises or a commercial building or any part thereof has, before the passing of this Act, commenced works for the purpose of providing air-raid shelter of the approved standard for all or any of the persons working or living in the premises or building, he may make a claim to the tribunal by which claims for compensation and increases and decreases of rent are determined under this Act for the payment of contributions by all or any of the persons hereafter in this section mentioned towards the expenses incurred in providing the shelter, and the said tribunal may order the payment of such contributions by such of the said persons as it considers just.
(2) The persons liable to make contributions under the preceding sub-section are persons having an estate in fee simple or a leasehold interest in the factory premises or commercial building, or any part thereof, being an estate or interest in existence at the passing of this Act or at the date of the completion of the works, whichever is the later, and not being an estate or interest in reversion expectant on a lease the unexpired term of which is ten years or more.
(3) The said tribunal in determining a claim under this section — (a)
may set aside or vary the terms of any agreement entered into before the passing of this Act to such extent as may be necessary to give effect to its determination;
(b)
may order that the contributions, if any, shall take the form of increases or decreases of rent, or of lump sum or periodical payments.
(4) In this section, references to the expenses incurred by any person in providing air-raid shelter shall include references to — (a)
any sum which he is liable to pay as compensation for interference with the use of any part of the factory premises or commercial building during the execution of the works, or for the impairment of the value of any such part by reason of the execution of the works;
(b)
if the works are executed in a part of the premises or building occupied by him or impair the value of a part in which he has an estate or interest, such sum as may be just in respect of the interference with the use of that part or, as the case may be, the impairment of its value.
(5) The provisions of this Act relating to the determination of claims for compensation and increases and decreases of rent shall apply in relation to the determination of claims for contributions under this section. 19. Saving for rights of occupier or owner existing apart from this Part.
Nothing in this Part of this Act shall be construed as preventing the occupier of any factory premises or the owner of any commercial building from doing anything with a view to providing air-raid shelter which he would have been entitled to do if this Part of this Act had not been enacted, unless the doing thereof is inconsistent with compliance with the requirements of a notice duly served on him under this Part of this Act.
20. Exchequer grants in respect of provision of air-raid shelter in factory premises, commercial buildings, etc.
— (1) Subject to the provisions of this section, there shall be paid out of [
moneys provided by the Parliament of the United Kingdom] to every occupier of factory premises and to every owner of a commercial building who provides or secures the provision of air-raid shelter of the approved standard for all or any of the persons working or living in the factory premises or the commercial building, as the case may be, a grant equal to the appropriate proportion of so much of the expenses of a capital nature incurred by him in providing or securing the provision of the shelter as the Ministry considers reasonable.
(2) Subject to the provisions of this section, there shall be paid out of [ moneys provided by the Parliament of the United Kingdom] to every other person who incurs expenses of a capital nature in providing or securing the provision of air-raid shelter of the approved standard for all or any of the persons employed by him (otherwise than in a building in connection with which a grant is payable under sub-section (1) of this section or a building wholly or mainly occupied as a school, college, university, hotel, restaurant, club, place of public entertainment or amusement, hospital or nursing home), a grant equal to the appropriate proportion of so much of those expenses as the Ministry considers reasonable:
Provided that nothing in this sub-section shall apply to any public utility undertakers.
(3) Subject to the provisions of this section, there shall be paid out of [ moneys provided by the Parliament of the United Kingdom] to every person who incurs expenses of a capital nature in providing or securing the provision in a voluntary area of air-raid shelter of the approved standard for all or any of the persons employed by him (otherwise than in a building wholly or mainly occupied as a school, college, university, hotel, restaurant, club, place of public entertainment or amusement, hospital or nursing home), a grant equal to the appropriate proportion of so much of those expenses as the Ministry considers reasonable:
Provided that nothing in this sub-section shall apply to any public utility undertakers.
(4) In this section the expression the appropriate proportion
means an amount in the pound equal to the standard rate of income tax for the year 1939 ‐ 40.
(5) No grant shall be paid under this section in respect of expenses incurred in providing or securing the provision of air-raid shelter unless either — (a)
the shelter has been provided before the end of March, nineteen hundred and forty; or
(b)
work on the shelter is then in progress, or preparatory measures are then being taken for the provision of the shelter and (in each case) the Ministry is satisfied that the shelter will be provided within a reasonable time thereafter;
and no expenses shall be deemed for the purposes of this section to be reasonable in so far as they exceed such standard as may be prescribed by regulations of the Ministry made with the consent of the Ministry of Finance , unless they were incurred in circumstances so prescribed.
(6) This section applies in relation to shelter provided before, as well as in relation to shelter provided after, the passing of this Act. 21. Training of employees.
— (1) This section applies to every person who employs more than twenty persons in any factory premises or in any commercial building.
(2) It shall be the duty of every person to whom this section applies, not later than one month from the date on which this section first applies to him, to make a report in writing, in the case of factory premises, to the chief factory inspector and, in the case of a commercial building, to the [ district council], stating what measures he has taken or is taking or proposing to take to secure that all the persons employed by him in the premises or building are trained as respects the routine to be followed in the event of an air-raid and that a suitable proportion of those persons are trained and equipped to give first-aid treatment, to deal with the effects of gas and to fight fires.
(3) The chief factory inspector may, in the case of factory premises, and the [ district council] may, in the case of a commercial building, serve on an employer to whom this section applies a notice in writing requiring him to take such measures in relation to the aforesaid matters as may be specified in the notice, and it shall thereupon be the duty of the employer, subject to the next following sub-section, to comply with the requirements of the notice.
(4) Any person upon whom a notice is served as aforesaid may, within fourteen days after receipt of the notice, appeal in the case of factory premises to the Ministry of Labour and in the case of a commercial building to the Ministry, and the Ministry of Labour or the Ministry, as the case may be, may on any such appeal cancel or vary the notice, and the decision of such Ministry shall be final.
(5) If any person to whom this section applies fails to make such a report as aforesaid or to comply with the requirements of such a notice as aforesaid, he shall be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] , and, if the default in respect of which he was so convicted continues after the conviction, he shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the default so continues. 22. Saving for certain authorities.
The provisions of this Part of this Act requiring owners and occupiers to make reports and authorising the service of notices shall not require the making of reports by, or authorise the service of any notice on, any [
district council] or the Royal Ulster Constabulary.
S. 23 rep. by SRO (NI) 1973/341
PART III
OTHER PROVISIONS AS TO SHELTER
24. Erection of shelters provided by the Ministry.
— (1) Where the occupier of any premises has been provided on behalf of the Ministry with materials for an air-raid shelter to be erected on the premises, the [
district council] shall give him advice as to the position in which the shelter should be erected:
Provided that, where the materials are sold to the occupier, the [ district council] shall not be under any duty to give such advice until requested by the occupier.
(2) Any occupier to whom advice has been given as aforesaid may erect the shelter in accordance therewith, and may for that purpose break up the surface of any land in his occupation, whether paved or not, but shall take due care not to damage any drains, sewers, pipes, cables or other works; and the right conferred by this sub-section on any occupier may be exercised notwithstanding any agreement or restrictive covenant to the contrary, and notwithstanding any limitation on his interest in the premises, and he shall not be liable to pay damages in respect of any act which is reasonably necessary for the due exercise of the right conferred on him, or, if he has exercised due care, for any damage done by him to drains, sewers, pipes, cables or other works.
(3) The [ district council] shall in giving any advice under this section exercise such care as is reasonable in the circumstances of the case, but unless they fail to exercise such care, they shall not be under any liability in respect of any damage caused by or in consequence of the erection of a shelter in accordance with advice given by them.
(4) Where any such materials for an air-raid shelter have been provided on behalf of the Ministry without charge, then, unless the occupier of the premises refuses his consent, it shall be the duty of the [ district council] themselves to erect the shelter, and the provisions of sub-section (2) of this section shall apply in relation to the [ district council] as they apply in relation to an occupier erecting a shelter in accordance with advice given by the [ district council]:
Provided that, in such cases as may be prescribed, the occupier of the premises shall repay to the [ district council] the cost of erecting the shelter and such cost may be recovered summarily as a civil debt by the authority from the occupier of the premises.
(5) For the purposes of this Part of this Act, references to the erection of an air-raid shelter include references to the affixing of the shelter to, or the embedding of the shelter in, any part of the premises and the carrying out of any other works necessary for the proper erection of the shelter.
(6) Public utility undertakers who carry on a gas, water or electricity undertaking shall not, unless they have been guilty of negligence, be liable to pay damages for or in respect of any loss of life or injury or damage to persons or property resulting from damage done by any occupier to any pipe, cable, or other work in the exercise of the powers conferred by sub-section (2) of this section:
Provided that nothing in this sub-section shall be in derogation of any provision of the Workmen's Compensation Acts (Northern Ireland), 1927 and 1931. 25. Affixing of appliances provided by the Ministry for strengthening basements.
Where the occupier of any basement has been provided free of charge on behalf of the Ministry with appliances for strengthening it with a view to its use as an air-raid shelter, then, unless the occupier of the basement refuses his consent it shall be the duty of the [
district council]
—
(a) to affix these appliances, and
(b)
to take such steps as appear desirable in order to provide additional exits from the basement or in order to enable additional exits therefrom to be readily provided;
and for any of the purposes aforesaid they shall have power to execute such works as may be necessary in the basement or elsewhere in the building, including works in any party wall, and for the purpose of providing additional exits or enabling additional exits to be readily provided they shall also have power to execute such works as may be necessary in or under any part of the highway adjacent to the building, and in or under any land occupied or used in connection with the building, or in connection with the building and other buildings; and they shall not be liable to pay damages in respect of any act which is reasonably necessary for the due exercise of the rights conferred on them by this sub-section:
Provided that, if the [
district council] in executing works in or under any part of the highway cause any damage to any mains, pipes, apparatus or works belonging to public utility undertakers or persons carrying on any hydraulic power undertaking, they shall repay to the undertakers or persons the amount of the expenses reasonably incurred by them in making good the damage.
26. Restriction on removal of shelters and appliances.
— (1) Any materials for an air-raid shelter or appliances for strengthening a basement provided free of charge on behalf of the Ministry and with the consent of the recipients shall not be removed from the premises for which they were provided without the consent in writing of the [
district council].
(2) Any air-raid shelter erected or appliances affixed by the [ district council] under the preceding provisions of this Part of this Act shall not be removed from its position without the consent in writing of the [ district council].
(3) The consent of the [ district council] under this section may be given absolutely or subject to conditions.
(4) Any person who removes any shelter, materials or appliances in contravention of this section, or contravenes any condition subject to which the consent of the [ district council] was given to the removal thereof, shall be liable on summary conviction to a fine not exceeding [ level 2 on the standard scale ] .
Provided that no person shall be convicted under this sub-section if he proves that he did not know and had no reasonable grounds for suspecting that the materials or appliances were provided on behalf of the Ministry free of charge, or, as the case may be, that the shelter was erected or the appliances were affixed by the [ district council]. 27. Execution of works by owner of dwelling house.
— (1) The owner of any dwelling house may execute any works for the purpose of providing air-raid shelter in the dwelling house or in or on any land belonging to or occupied with the dwelling house, notwithstanding any limitation on his interest in the dwelling house or the said land or any agreement or restrictive covenant to the contrary.
(2) In this section the expression owner
in relation to any dwelling house means the person in whom the fee simple is vested, and includes also a lessee of the dwelling house under a lease the unexpired term of which exceeds three years. 28. Power to make regulations as to construction, alteration or extension of buildings.
— (1) The Ministry may, after consultation with such persons having professional or other special qualifications as it thinks fit, make regulations, imposing, in relation to buildings of such classes as may be specified in the regulations
— (a)
such requirements as to materials and construction as it considers necessary for the purpose of rendering the buildings less vulnerable to air-raids;
(b)
such requirements as it considers necessary as to the provision of air-raid shelter for the persons using or resorting to the buildings.
(2) Regulations made under this section shall apply to buildings, erected after the coming into operation of the regulations and, to such extent as may be specified therein, to buildings in which structural alterations are made, or which are extended, after that date:
Provided that no regulations shall apply to any building on the ground that it is erected, altered or extended after the said date, if plans for the erection, alteration or extension in question were passed by the [ district council] as being in conformity with the byelaws of the said [ council].
(3) Regulations made under this section may apply generally or in such areas as may be specified in the regulations, and different requirements may be prescribed for different areas and different classes of buildings.
(4) It shall be the duty of the [ district council] to enforce regulations made under this section, and for that purpose — (a)
section forty-three
of the Planning and Housing Act (Northern Ireland), 1931
1931 c.12
, shall apply to such regulations as if the regulations were building byelaws made and confirmed under that section;
(b)
the regulations may, so far as they relate to areas in which a local Act dealing with the construction of buildings is in force, incorporate any of the provisions of any such Act with such modifications as may be necessary;
(c)
the regulations may include provisions as to the giving of notices and the deposits of plans, sections, specifications and written particulars, and the inspection of work, and the taking of samples of materials to be used in the construction of buildings or in the execution of other works;
(d)
the regulations may provide for imposing on persons offending against the regulations fines recoverable on summary conviction, not exceeding
[ level 2 on the standard scale ] and in the case of a continuing offence further fines not exceeding five pounds for each day during which the offence continues after conviction therefor.
(5) Where the [ district council] consider that the operation of any regulation under this section in force in their area would be unreasonable in relation to any particular case, they may, with the consent of the Ministry, relax the requirements of the regulation or dispense with compliance therewith.
(6) Any building byelaws, or any provisions of any such local Act as aforesaid, which are inconsistent with any regulations made under this section shall, while the regulations are in force, be void to the extent of the inconsistency.
S. 29 rep. by SRO (NI) 1973/341
PART IV
PUBLIC UTILITY UNDERTAKINGS
30. Duty of public utility undertakers to make reports.
— Subs.(1) rep. by SLR (NI) 1952
(2) Subject to the special provisions of this Part of this Act as to railway undertakings, the Ministry may serve a notice in writing on any public utility undertakers requiring them to make, … . either or both of the following reports in writing, that is to say — (a)
a report to the Ministry stating what measures they have taken or are taking or proposing to take to provide air-raid shelter for the persons employed by them; and
(b)
a report to the appropriate department stating what measures they have taken or are taking or proposing to take to secure the due functioning of their undertaking in the event of hostile attack,
and on receipt of such notice it shall be the duty of the undertakers forthwith to comply with its requirements:
Provided that it shall be the duty of any undertakers who employ persons within an area specified as a compulsory area by the Ministry in an order made under Part II of this Act to make a report in writing not later than three months from the making of that order stating what measures they have taken or are taking or proposing to take to provide shelter for those persons notwithstanding that no notice has been served upon them under this sub-section.
(3) If any undertakers fail to make a report which they are required to make under this section, they shall be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] , and, if the default in respect of which they were so convicted continues after the conviction, they shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the default so continues. 31. Power to require measures to be taken.
— (1) The Ministry or the appropriate department, as the case may be, may serve on any public utility undertakers a notice requiring them, within the time specified in the notice, to take such measures as may be specified in the notice, being measures with respect to any of the matters specified in the last preceding section with respect to which those undertakers have made, or are under an obligation to make, a report in pursuance of that section or could be required to make a report thereunder.
(2) If any undertakers fail to comply with the requirements of a notice served on them under this section, they shall be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] and, if the default in respect of which they were so convicted continues after the conviction, they shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the default so continues:
Provided that the court by which any undertakers are convicted of an offence may fix a reasonable period from the date of conviction for compliance by the undertakers with the requirements of the notice, and, where a court has fixed such a period, the said daily penalty shall not be recoverable in respect of any day before the expiration thereof. 32. General grant in respect of expenses in providing shelter for employees.
— (1) Where any public utility undertakers who, under the preceding provisions of this Part of this Act, have made, or are under an obligation to make, a report as to the measures which they have taken or are taking or proposing to take to provide air-raid shelter for persons employed by them or have been served with a notice requiring them to take such measures, have incurred, whether before or after the passing of this Act, expenses of a capital nature in taking measures for that purpose (being measures for the provision of shelter of the approved standard) there shall be paid out of [
moneys provided by the Parliament of the United Kingdom] towards those expenses grants equal to the appropriate proportion of so much of those expenses as the Ministry considers reasonable:
Provided that — (a)
no grant shall be payable under this section towards the expense of providing any shelter unless either the shelter has been provided before the end of March, nineteen hundred and forty, or work on the shelter is then in progress or preparatory measures are then being taken for the provision of the shelter and (in each case) the Ministry is satisfied that the shelter will be provided within reasonable time thereafter;
(b)
no expenses shall be deemed to be reasonable in so far as they exceed such standard as may be prescribed by regulations of the Ministry made with the consent of the Ministry of Finance
unless they were incurred in circumstances so prescribed.
(2) In this section the expression the appropriate proportion
means an amount in the pound equal to the standard rate of income tax for the year 1939 ‐ 40. 33. Grants in respect of measures to secure due functioning of undertakings.
— (1) There may be paid out of [
moneys provided by the Parliament of the United Kingdom] towards approved expenses of public utility undertakers in taking measures, whether before or after the passing of this Act, to secure the due functioning of their undertaking in the event of hostile attack, grants not exceeding one-half of those expenses.
(2) In this section the expression approved expenses
means such expenses of a capital nature, incurred on such measures, as the appropriate department, acting in accordance with general directions of the Ministry of Finance , may approve for the purposes of this section.
(3) This section shall not apply in relation to any railway undertaking, and, in relation to any dock or harbour undertaking, shall have effect subject to the special provisions of this Part of this Act as to those undertakings. 34. Provisions as to railway undertakings.
— (1) So much of the preceding provisions of this Part of this Act as relates to measures of public utility undertakers to secure the due functioning of their undertaking in the event of hostile attack shall not apply in relation to any railway undertaking, but the following provisions of this section shall have effect in relation to any railway undertaking specified in that behalf in an order of the appropriate department.
(2) The undertakers carrying on any such undertaking may be required by notice in writing from the appropriate department to make a report stating what measures they have taken or are taking or proposing to take as respects — (a)
the execution of works or the provision of accommodation, plant, materials or equipment (including stocks of stores) with a view to providing or maintaining essential railway services in the event of hostile attack;
(b)
the provision for persons employed by them on duties in connection with essential railway services of such special protection or equipment as may be necessary to enable those essential services to be maintained during air-raids,
and the appropriate department may serve on any such undertakers a notice requiring them, within the time specified in the notice, to take such measures as may be specified therein as respects any such matters, and the preceding provisions of this Part of this Act with respect to failures to make reports and to comply with notices shall apply in relation to the reports and notices mentioned in this sub-section as they apply in relation to the reports and notices mentioned in those provisions.
(3) There may be paid out of [ moneys provided by the Parliament of the United Kingdom] to any such undertakers grants not exceeding such expenses, incurred on such measures (being measures with respect to the matters mentioned in sub-section (2) of this section), as the appropriate department, acting in accordance with general directions of the Ministry of Finance , may approve for the purposes of this sub-section. 35. Provisions as to dock and harbour undertakings.
— (1) If on the application of any public utility undertakers who carry on a dock or harbour undertaking the appropriate department so order, the preceding provisions of this Part of this Act relating to the provision of air-raid shelter for persons employed by public utility undertakers shall apply in relation to the undertakers carrying on the undertaking as if all persons likely to be found during air-raids in the dock or harbour, or any such part thereof as may be specified in the order, were persons employed by the undertakers; and where any such order is made
— (a)
the order may contain such incidental and consequential provisions as the appropriate department thinks proper, including provisions authorising the undertakers, notwithstanding anything in any contract or in any enactment or order relating to them, to do such of the following things as may be specified in the order, that is to say
—
(i) to make such increases in their charges as may be specified in the order;
(ii) to recover from such persons or classes of persons using the dock or harbour as may be specified in the order such sums as may be determined by or under the order;
(iii) to borrow such money on such terms as to security and otherwise as may be specified in the order; (b)
the provisions of Part II of this Act relating to the provision of air-raid shelter shall not apply in relation to any factories or commercial buildings situate in the dock or harbour or, as the case may be, in the part thereof specified in the order; and
(c)
no grant shall be payable under Part II of this Act in respect of any expenses incurred in providing or securing the provision of air-raid shelter in the dock or harbour, or, as the case may be, in the part thereof specified in the order.
(2) Without prejudice to the generality of the provisions of this Part of this Act relating to measures for securing the due functioning of an undertaking in the event of hostile attack, the measures which may be specified in a notice served by the Ministry under this Part of this Act may, in the case of undertakers carrying on a dock or harbour undertaking, include measures designed to secure that the undertaking is capable of providing services which would not, apart from hostile attack or the danger thereof, be required to be provided by that undertaking; and, in relation to any such measures the provisions of this Part of this Act relating to grants shall have effect as if for the reference to one-half of the approved expenses there were substituted a reference to seventeen-twentieths thereof.
(3) There may be paid out of [ moneys provided by the Parliament of the United Kingdom] towards approved expenses incurred, whether before or after the commencement of this Act, by public utility undertakers who carry on a dock or harbour undertaking in taking measures designed to provide facilities, in the event of hostile attack, for the collection of casualties occurring in the dock or harbour or on land adjacent thereto and the treatment thereof in first-aid posts, grants not exceeding one-half of those expenses.
In this sub-section the expression approved expenses
means such expenses of a capital nature, incurred on such measures, as the Ministry acting in accordance with general directions of the Ministry of Finance , may approve for the purposes of this sub-section.
(4) In this section the expressions dock
and harbour
mean, in relation to public utility undertakers carrying on a dock or harbour undertaking, the area over which they exercise any control under any enactment or order relating to the undertaking.
PART V
OBSCURATION OF LIGHTS AND CAMOUFLAGE
36. General duty as to factories and public utility undertakings.
— (1) It shall be the duty of the occupier of any factory premises and of the persons carrying on any public utility undertaking to take forthwith any necessary measures to secure that during the present emergency, throughout any period of darkness
— (a)
no light is allowed to appear from within any building on the premises, or used for the purposes of the undertaking; and
(b)
lights not within a building do not remain alight, unless they are essential for the conduct of work of national importance, are adequately shaded, are reduced in power and, save where the Ministry otherwise directs, are capable of instant extinction at any time.
(2) The chief factory inspector may serve on the occupier of any factory premises, and the appropriate department may serve on the persons carrying on any public utility undertaking, a notice in writing requiring the occupier or persons, within the time specified in the notice, to take such measures as may be specified in the notice, being such measures as are mentioned in sub-section (1) of this section.
(3) This section does not apply to any of the matters dealt with in the next succeeding section. 37. Provisions as to processes involving flames or glare.
Where any process carried on in factory premises or in the premises of any public utility undertakers, involves the emission of flames or glare not capable of being screened by means which would suffice in the case of ordinary lighting of a building, the Ministry, in the case of factory premises, or the appropriate department, in the case of the premises of public utility undertakers, may serve on the occupier of the factory premises or the public utility undertakers, as the case may be, a notice in writing requiring him or them, within the time specified in the notice, to take or complete such measures as may be specified in the notice to secure that during the present emergency the flames or glare will either no longer be produced during any period of darkness, or will be wholly or partially screened.
38. Camouflage.
The Ministry may serve on the occupier of any factory premises or any public utility undertakers a notice in writing requiring him or them, within the time specified in the notice, to take or complete such measures as may be specified in the notice to secure that the factory premises, or, as the case may be, any of the premises of the undertakers, are or can be made less readily recognisable by aircraft in the event of hostile attack.
39. Grants under Part V.
— (1) There may be paid out of [
moneys provided by the Parliament of the United Kingdom], towards the approved expenses of any person on whom a notice has been served under the two last preceding sections in taking the measures specified in the notice, grants not exceeding one-half of those expenses.
(2) In this section the expression approved expenses
means such expenses of a capital nature as the Ministry, or, in the case of measures taken under a notice served by the appropriate department, that department, acting in accordance with general directions of the Ministry of Finance , may approve for the purposes of this section. 40. Penalty for failure to comply with notice.
If any person on whom a notice is served under any of the preceding provisions of this Part of this Act fails to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding
[ level 3 on the standard scale ] , and, if the default in respect of which he was so convicted continues after the conviction, he shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the default so continues:
Provided that the court by which any person is convicted under this sub-section may fix a reasonable period from the date of the conviction for the compliance by him with the requirements of the notice, and, where the court has fixed such a period, the said daily penalty shall not be recoverable in respect of any day before the expiration thereof.
41. Saving for provisions of Part IV.
The preceding provisions of this Part of this Act relating to public utility undertakers shall not be construed as limiting the generality of Part IV of this Act, but no grant shall be made both under this Part of this Act and that Part of this Act in respect of the same expenses.
42. Provisions as to practice of dimming lights.
— (1) Nothing in any enactment requiring a [
district council] to cause the whole or any part of their area to be lighted shall render it unlawful for the [
council] to cause the lights in roads and public places in the whole or any part of their area to be dimmed or extinguished for the purpose of
— (a)
training or exercising any persons in respect of air-raid precautions; or
(b)
testing devices for enabling movement of traffic to continue in unlighted roads.
(2) Nothing in any enactment or in any order or regulation made under any enactment relating to lighting of factory premises or public utility undertakings shall render it unlawful for the occupier of any factory premises or the persons carrying on any public utility undertaking to cause the lights in the factory premises or undertaking to be dimmed or extinguished for the purpose of — (a)
assisting a [
district council] in training or exercising any persons in respect of air-raid precautions; or
(b)
training or exercising persons employed in the factory premises or public utility undertaking in respect of air-raid precautions.
Part VI (ss. 43 ‐ 48) rep. by 1950 c. 11 (NI)
PART VII
MISCELLANEOUS
49. Evacuation of civil population.
— (1) The Ministry may, if it thinks fit, make arrangements for the transference of members of the civil population from one area to another in the event of war or the imminence of war, and for the accommodation and maintenance of the persons transferred.
(2) It shall be the duty of every [ district council] at the request and in accordance with the directions of the Ministry — (a)
to collect and furnish to the Ministry such information as it may require for the purposes of the last preceding sub-section;
(b)
to take in advance measures designed to facilitate the transference of persons from one area to another or secure the accommodation and maintenance of persons so transferred;
(c)
to provide, in such premises under their control as are reasonably available for the purpose, for the storage and preservation of such material and equipment acquired by the Ministry under this section as the Ministry may direct; and
(d)
to take part in carrying out any such arrangements.
(3) Any [ district council] may, for the purpose of enabling them to comply with any such request or directions as aforesaid, serve on the occupier of any premises a notice requiring him to send to the [ council], within such time as may be specified in the notice, such particulars with respect to the premises and to the number of persons resident therein as may be so specified, and any person who fails to comply with the notice shall be liable on summary conviction to a fine not exceeding [ level 1 on the standard scale ] .
(4) If it appears to the Ministry that, in view of the imminence or existence of an emergency involving the possibility of hostile attack, it is expedient to make regulations for the purpose of securing accommodation for any persons transferred under any such arrangement as is mentioned in sub-section (1) of this section, the Ministry may make such regulations, and without prejudice to the generality of the preceding words, any such regulations may — (a)
provide for occupiers of premises being required to furnish in the premises such accommodation as may be specified in the requirement;
(b)
declare the circumstances in which, and the extent to which, responsibility shall be assumed by occupiers of premises for the feeding and care of any children accommodated therein under the regulations;
(c)
authorise the imposition, on summary conviction, of fines, not in any case exceeding
[ level 3 on the standard scale ] or imprisonment not exceeding three months, for failure to comply with any requirements imposed by or under the regulations.
(5) There shall be paid out of [ moneys provided by the Parliament of the United Kingdom] to any [ district council] grants equal to the total amount of their expenses under this section, being expenses approved for the purposes of this sub-section by the Ministry, acting in accordance with general directions of the Ministry of Finance .
(6) Any expenses incurred with the consent of the Ministry of Finance by the Ministry in the exercise of its powers under sub-section (1) of this section or in or in connection with the acquisition or storage of equipment and other material with a view to the accommodation or maintenance of members of the civil population who may be transferred under any arrangement made under the said sub-section shall be defrayed out of [ moneys provided by the Parliament of the United Kingdom].
Subs.(7) rep. by SRO (NI) 1973/341; subs.(8)(9) rep. by 1950 c.11 (NI) 50. Requisition of premises and vehicles.
— (1) If it appears to the Ministry that, in view of any circumstances arising in the present emergency, it is expedient to declare the provisons of this section to be in operation, the Ministry may by order so declare, and while such an order is in force
— (a)
any [
district council] may take possession of any premises designated by them under Part I of this Act;
(b)
any [
district council] having any civil defence functions may take possession of any vehicle and use it in discharge of any of those functions;
(c)
the [
Secretary of State] may take possession of any premises which in the opinion of the [
Secretary of State] should, in order to meet the exigencies of the situation which would arise in the event of any hostile attack, be rendered available for use by any Government department or other persons acting on behalf of the Crown in a civil capacity; and
(d)
the Ministry may take possession of any vehicle and use it in the discharge of any of its functions under the Act of 1938 or this Act.
(2) Where an order has been made under this section the [ district council] or the [ Secretary of State], as the case may be, may remove, or require the occupier to remove, any property which is in any premises of which possession is intended to be taken under this section, and may take such other steps as may be necessary for putting the premises in a condition which will enable them to be used for the purpose intended; and any occupier who refuses to move any property when required to do so by the [ district council] or the [ Secretary of State], and any person who obstructs any person acting on behalf of the [ council] or the [ Secretary of State] in the exercise of their powers under this section, shall be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] .
(3) In any case in which a [ district council] take possession of any premises or vehicle under this section, there shall be paid by that [ district council] such compensation to such persons as [ the Parliament of the United Kingdom] may hereafter determine.
(4) In any case where the [ Secretary of State] takes possession of any premises, or the Ministry takes possession of any vehicle, under this section, there shall be paid out of moneys provided by [ the Parliament of the United Kingdom] such compensation to such persons as [ that] Parliament may hereafter determine.
(5) Possession shall not be retained by virtue of any order made under this section after the expiration of three months from the date of the making of the order. 51. Power of district councils to appropriate lands and buildings for purposes of their civil defence functions.
— (1) Subject to the provisions of this section
— (a)
any [
district council] having any civil defence functions or any public utility undertakers who have been served with a notice under Part IV of this Act may (without any formal appropriation thereof) use any lands or buildings owned by, leased to or under the control of, the [
council] or undertakers for the purpose of discharging any of those functions, or taking measures specified in the notice, as the case may be, and
(b)
any [
district council] (as defined in the Act of 1938) may permit any other [
district council] having any civil defence functions to use, for the purpose of discharging any of those functions, any lands or buildings owned by, leased to or under the control of, the first-mentioned [
council],
and the provisions of this sub-section shall have effect notwithstanding anything contained in any Act (including a local or private Act), or any trust or covenant or restriction affecting the use of those lands or buildings.
(2) The powers conferred by this section shall, after the passing of this Act, only be exercisable with the approval of the Ministry and subject to any conditions it may impose in relation to any particular exercise thereof.
(3) The Ministry may at any time give directions to the [ district council] or, as the case may be, the [ district councils] or the public utility undertakers, that as from any date specified in the direction, any use of any lands or buildings under this section shall cease, and any such directions may require the lands or buildings to be restored, to such extent as may be specified, to their former conditions, and it shall be the duty of the [ district council] or [ district councils] or public utility undertakers to comply with any such direction.
(4) In this section the expression use,
in relation to lands owned by or leased to a [ district council], includes the erection of buildings and other structures thereon, the making of excavations therein, and the alteration and maintenance of any such buildings, structures or excavations, and, in relation to buildings owned by or leased to [ a council], includes the alteration and maintenance of those buildings.
(5) This section shall be deemed to have had effect as from the commencement of the Act of 1938. 52. Powers of bodies corporate as to measures against hostile attack.
Any body corporate carrying on in Northern Ireland any business or undertaking shall, whether they are public utility undertakers or not, have power and be deemed always to have had power, under any enactment, order, charter, memorandum or articles of association or other document regulating their powers and duties, to take any such measures in relation to their business or undertaking as public utility undertakers, or any class of public utility undertakers, are or can be authorised or required to take under any of the provisions of this Act.
53. Powers of tenants for life, trustees, etc., as to provision of air-raid shelter.
— (1) The provision of air-raid shelter shall be deemed to be an improvement authorised by the Settled Land Act, 1882
1882 c.38
, and mentioned in section twenty-five of that Act.
(2) Capital money arising under the said Act may be applied in or towards payment for air-raid shelter without any scheme for the execution of the improvement being first submitted to, or approved by, the trustees of the settlement or the court, and accordingly in the application of section twenty-six of the said Act to the expenditure of capital money for the provision of air-raid shelter the references to a scheme and to its submission and approval shall not apply, and for the references to the Ministry of Finance there shall be substituted references to the Ministry.
(3) Any liquidator, trustee or assignee in bankruptcy, receiver, committee or other person acting in a fiduciary capacity who is, as such, the occupier of any factory premises or the owner of any commercial buildings shall, for the purpose of providing air-raid shelter or complying with any obligation imposed on him by or under any of the provisions of this Act, have power (in addition to any other powers enabling him in that behalf) — (a)
to utilize any moneys in his hands in his capacity as liquidator, trustee, assignee, receiver, committee or otherwise as aforesaid;
(b)
to raise money by the sale or mortgage of any property vested in him or under his control in that capacity;
and any money reasonably expended by him for the said purpose shall be treated as part of his expenses incurred in that capacity and shall be allowed in account accordingly.
(4) Where the owner of any commercial building is a mortgagee, he shall be entitled to add to his security any money reasonably expended by him for the purpose of providing air-raid shelter in connection with the building or of complying with any obligation imposed on him by or under this Act as owner of the building.
54. Property in equipment, appliances and material provided by the Crown or district council.
— (1) The property in any equipment, appliances or material provided on behalf of the Crown or of any Government department under the Act of 1938, free of charge shall remain in the Crown or the Government department as the case may be; and the provisions of this sub-section shall continue to have effect notwithstanding the affixing of the equipment, appliances or material to any premises.
. . . .
(2) Any equipment, appliances or material used in the execution of works executed by the [ district council] under Part I of this Act shall, notwithstanding the affixing thereof to any premises, remain the property of the [ district council].
(3) Any person who being in possession of any such equipment, appliances or material as is mentioned in any of the preceding provisions of this section (being equipment, appliances or material the property whereof remains in the Crown or the Government department or in the [ district council]) fails to use reasonable care for the preservation thereof shall, without prejudice to any other liability, be liable on summary conviction to a fine not exceeding [ level 1 on the standard scale ] .
(4) If any equipment, appliances or material which have been affixed to any premises are removed therefrom by or on behalf of the Crown or the Government department or the [ district council] any damage caused by the removal shall be made good.
(5) Section twelve of the Act of 1938 (which provides for penalties for certain wilful damage) shall apply in the case of any person who wilfully damages or causes or permits to be damaged any such equipment, appliances or material as is mentioned in any of the preceding provisions of this section (being equipment, appliances or material the property whereof remains in the Crown or the Government department or in the [ district council]) as if it were in terms made applicable thereto.
(6) This section shall be deemed to have had effect as from the commencement of the Act of 1938:
Provided that a person shall not be under any liability in respect of anything done or omitted to be done before the passing of this Act which he would not have been under if this Act had not passed. S. 55 rep. by 1972 NI 16
S. 56 rep. by 1970 c. 9 (NI)
Ss. 57 ‐ 59 rep. by 1950 c. 11 (NI)
PART VIII
GENERAL
60. Determination of claims to compensation and increases of rent.
— (1) Any question whether any, and if so what, compensation is payable under any of the provisions of this Act providing for payment of compensation, or what is the net ascertained cost of works for the purposes of the provisions of Part II of this Act relating to factory premises occupied on short leases, or whether any, and if so what, increases of rent are to be made under the provisions of Part II of this Act relating to increases and decreases of rents, shall be referred to and determined by [
the Lands Tribunal for Northern Ireland].
Subs.(2) ‐ (4) rep. by 1964 c.29 (NI)
(5) This section shall not apply to any compensation payable … . in respect of personal injuries. 61. Supplementary provisions as to appeals to the Ministry.
— (1) The Ministry may make rules as respects the appeals to it for which provision is made by this Act
— (a)
specifying the manner in which the appeals are to be brought;
(b)
authorising persons to be appointed, in all or any specified class of cases, to inquire into the matters raised by any such appeal and to report thereon to the Ministry;
(c)
authorising any person so appointed to take evidence on oath and for that purpose to administer oaths, and to require the attendance of witnesses and the production of documents, and authorising the punishment on summary conviction of persons who fail to comply with any such requirement;
(d)
making provision as to the costs incurred on any such appeal;
(e)
otherwise regulating the procedure to be followed in connection with the investigation and determination of such appeals.
(2) If in any particular case the Ministry considers it just so to do, the Ministry may by order extend the time limited by any provision of this Act for the bringing of an appeal to such extent, and on such terms, if any, as it thinks fit. 62. Rules as to form of reports.
The Ministry may by rules require that reports under this Act of such classes as may be specified in the rules shall be made in such form and include such particulars and information as may be so specified and, in relation to any report of a class to which rules so made apply, any obligation imposed by this Act to make a report shall be construed as an obligation to make a report in that form and including those particulars and that information.
63. Penalty for false statements.
Any person who in any report made by him under this Act, or in reply to any notice served on him under the provisions of this Act relating to the evacuation of civil population, or with a view to securing that he or any other person is included in any plan for the transference under the said provisions of members of the civil population, makes any statement which he knows to be false shall be liable on summary conviction to a fine not exceeding
[ level 3 on the standard scale ] or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
64. Criminal liability of directors, officers, etc.
Where an offence punishable under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate or, if the body corporate is a [
district council], any member or officer of that [
council], he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
65. Power of inspectors and authorised officers to enter premises, and penalty for obstruction.
— (1) Any factory inspector and any person duly authorised in that behalf by the Ministry, the appropriate department or a [
district council] having any civil defence functions shall, on producing some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours for the purpose of
— (a)
ascertaining whether there is or has been, on or in connection with the premises, any contravention of or failure to comply with the provisions of this Act or of any notice given or regulation made thereunder which it is the duty of the inspector, Ministry, appropriate department or [
council], as the case may be, to enforce;
(b)
ascertaining whether or not circumstances exist which would authorise or require any action to be taken under this Act;
(c)
otherwise facilitating the performance by the inspector, Ministry, appropriate department or [
council], as the case may be, of his or their civil defence functions.
(2) If it is shown to the satisfaction of a justice of the peace on sworn information in writing — (a)
that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
(b)
that there is reasonable ground for entry into the premises for any such purposes aforesaid;
the justice may by warrant under his hand authorise the Ministry, appropriate department or [ district council] by any authorised officer or, as the case may be, authorise the factory inspector to enter the premises, if necessary, by force:
Provided that such a warrant shall not be issued unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(3) An authorised officer or inspector entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against trespassers as he found them.
(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(5) If any person who in compliance with the provisions of this section or of a warrant issued thereunder is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in the factory, workshop or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable on summary conviction to a fine not exceeding [ level 3 on the standard scale ] or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
(6) Any person who wilfully obstructs any inspector, or any person duly authorised by the Ministry, the appropriate department or a [ district council], in the exercise of any right conferred by or by virtue of this section shall be liable on summary conviction to a fine not exceeding [ level 1 on the standard scale ] . 66. Service of documents.
Any document which is required or authorised by or under this Act to be given to or served on any person may be given or served either
—
(a) by delivering it to that person; or
(b)
by leaving it or sending it in a prepaid letter addressed to him at his last known residence or his last known place of business; or
(c)
in the case of a document to be given to or served on the occupier of any premises, by addressing it to the person concerned by the description of occupier
of the premises to which it relates and delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
S. 67 rep. by 1950 c.11 (NI)
68. Covenants to repair and reinstate not to apply to works executed under this Act.
Nothing in any covenant or agreement requiring any person to keep specified premises in, or to restore specified premises to, a particular condition shall authorise or compel any person to interfere with any works executed on those premises under this Act, or subject him to any liability if he does not do so.
Ss. 69, 70 rep. by 1950 c. 11 (NI)
71. Paragraph 23 of the telecommunications code (which provides a procedure for certain cases where works involve the alteration of telecommunication apparatus) shall apply, for the purposes of any works which may be done in exercise of the powers conferred by this Act, to the persons on whom those powers are conferred.
S. 72 rep. by 1950 c.11 (NI)
PART IX
SUPPLEMENTAL
73. Definitions of factory , factory premises, and commercial building and interpretation of references to persons working and persons employed.
— (1) In this Act the expression
factory
means a factory within the meaning of section one hundred and fifty-seven
of the Factories Act (Northern Ireland), 1938
1938 c.23
:
Provided that — (a)
the said expression does not include any premises in the occupation of the Crown;
(b)
the said expression does not include any factory entirely situate in a building not wholly occupied by the occupier of the factory;
(c)
where part of a factory is situate in a building not wholly occupied by the occupier of the factory, that part shall be deemed for the purposes of this Act not to form part of the factory.
(2) Where there is a factory in which more than fifty persons work — (b)
the remainder of any building in which the factory or any part thereof is situtate; and
(c)
any land contiguous to the factory which is in the occupation of the occupier of the factory and any buildings on that land,
shall together be deemed to constitute factory premises for the purposes of this Act:
Provided that — (a)
no building wholly or mainly occupied as a hotel or restaurant (other than a restaurant carried on for the use of persons working in the factory) shall be deemed to form part of any factory premises;
(b)
no premises which are wholly occupied by public utility undertakers for the purposes of their undertaking shall be deemed to be factory premises for the purposes of this Act.
(3) In this Act the expression commercial building
means a building in which more than fifty persons work, not being — (a)
a building, wholly or mainly occupied as a school, college, university, hotel, restaurant, club, place of public entertainment or amusement, hospital or nursing home; or
(b)
a building wholly occupied by public utility undertakers for the purposes of their undertaking:
Provided that — (i) no building which forms part of any factory premises shall be deemed to be a commercial building; and
(ii) any residential part of a building (that is to say, any part which is used, or, so far as unoccupied, intended for use, for residential purposes) shall, if it is provided with a means of normal egress from the building which is not available to occupants of the non-residential part of the building, be disregarded for all the purposes of the provisions of this Act relating to commercial buildings.
(4) In relation to the provisions of Part II of this Act relating to the training of employed persons, this section shall have effect as if for the words fifty persons,
wherever they occur therein, there were substituted the words twenty persons.
(5) For the purposes of this Act the number of persons who work in a factory, factory premises, or commercial building shall be taken to be the greatest number of persons who are present in the factory, factory premises or building, as the case may be, at any one time in a normal day, being persons who carry on business in the factory, factory premises or building or are employed by persons carrying on business therein:
Provided that — (a)
regard shall not be had to any temporary increase occasioned by a change of shifts;
(b)
in the case of any factory, factory premises or commercial building where there are outdoor workers, regard shall not be had to more than twenty-five per cent. of their total number.
In this sub-section, the expression outdoor workers
means persons who, on a normal day, work in the factory, factory premises or commercial building, as the case may be, for not more than one hour.
(6) References in this Act to persons employed do not include references to persons employed as domestic servants or to persons otherwise employed in or for the purposes of so much of a building as is used for residential purposes:
Provided that this sub-section shall not be construed as affecting the meaning of the word employer
in the provisions of this Act relating to compensation for personal injuries.
74. Other provisions as to interpretation.
— (1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:
— Air-raid shelter means protection, otherwise than by war-like means or by any article of apparel, from hostile attack from the air, and an air-raid shelter means any premises, structure or excavation used or intended to be used to provide air-raid shelter;
Annual value means, in relation to any premises, the rent at which it is estimated that the premises might reasonably be expected to let from year to year if the tenant undertook to pay the usual tenant's rates and taxes and if the landlord undertook to bear the costs of the repairs and insurance and the other expenses, if any, necessary to maintain the premises in a state to command that rent, such adjustments being made as appear necessary to eliminate any appreciation due to the fact that the premises are or can be made suitable for use in the event of hostile attack and any depreciation due to the fact that the premises are likely to be required for use in that event;
Appropriate department means
—
(a) in relation to any gas, electricity, canal, inland navigation, dock or harbour undertaking, the [ Secretary of State];
(b) in relation to any railway or water undertaking, the Ministry ; Assignee means the official assignee appointed in Northern Ireland under section fifty-nine of the Irish Bankrupt and Insolvent Act, 1857
1857 c.60
1897 c.66
, as amended by section four of the Supreme Court of Judicature (Ireland) (No. 2) Act, 1897
, and includes the assignee, if any, chosen by the creditors to act with the official assignee;
Chief factory inspector means the chief inspector appointed under the Factories Act (Northern Ireland), 1938
1938 c.23
, and includes a deputy chief factory inspector;
Civil defence functions means any functions conferred or imposed by or under the Act of 1938 or this Act;
Diminution in the annual value means, in relation to the impairment of the usefulness of any premises by reason of the execution of works, the amount by which the annual value of the premises is less than it would be if the works had not been executed;
Definition rep. by 1992 NI 1
Factory inspector means any inspector appointed under the Factories Act (Northern Ireland), 1938
;
Fee simple includes estates held under fee farm grants and perpetuity grants;
Definition rep. by 1950 c. 11 (NI)
Lease includes an agreement for a lease, if the term to be covered by the lease has begun, and any tenancy, but does not include a mortgage, and the expression lessee shall be construed accordingly;
Occupier, in relation to any unoccupied land, premises, building or part of a building, means the person entitled to the possession thereof;
Owner, in relation to factory premises or a commercial building, means
—
(a) where there is no lease of the whole of the premises or building the unexpired term of which is ten years or more, the person in whom the fee simple of the premises or building is vested; or
(b) where there is such a lease, the person in whom the term created by that lease is vested or, if there are two or more such leases, the person in whom is vested that one of those leases on which all the others are reversionary:
Provided that, where any estate or interest in any factory premises or commercial building is the subject of a mortgage and the mortgagee is in possession, that estate or interest shall be deemed for the purposes of this definition to be vested in the mortgagee;
Prescribed means prescribed by the Ministry;
Public air-raid shelter includes a shelter provided by a [
district council], in pursuance of an agreement made under Part I of this Act with the occupier of factory premises or the owner of a commercial building, for the use, in whole or in part, of persons living or working in the factory premises or commercial building;
Public utility undertakers means any persons authorised by any enactment or order to construct, work or carry on any railway, canal, inland navigation, dock, harbour,
... ,
... or water undertaking, and also includes persons who, though not authorised by any enactment or order to do so, are engaged in supplying
... water to the public, and for that purpose make use of pipes or mains laid in any road; and
public utility undertaking shall be construed accordingly;
Road means a road or street maintainable at the cost of the council of a county, county or other borough or urban district, and includes a footpath
;
Definition rep. by 1950 c. 11 (NI)
The Act of 1938 has the meaning assigned to it by section nine of this Act;
The Ministry has the meaning assigned to it by section one of this Act.
(2) Any premises occupied, or persons employed, by public utility undertakers who carry on a railway undertaking, shall be deemed, for the purposes of this Act, to be occupied or employed for the purposes of their railway undertaking, unless the occupation or employment is wholly or mainly for the purposes of some harbour, dock or canal undertaking carried on by those undertakers.
Subs.(3) rep. by 1954 c.33 (NI)
75. Short title and citation.
— (1) This Act may be cited as the Civil Defence Act (Northern Ireland), 1939.
(2) The Act of 1938 and this Act may be cited together as the Civil Defence Acts (Northern Ireland), 1938 and 1939. Schedule rep. by 1950 c.11 (NI)