OpenLegislation

Civil Defence Act 1939 (Repealed) in Northern Ireland

2 & 3 Geo. 6 c. 31 · Enacted 13 July 1939 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 14 November 2005.

Contents

  1. 39Grants in respect of measures to secure due functioning of undertakings.
  2. Part VIII: Miscellaneous
  3. 62Power of local authorities and public utility undertakers to appropriate lands and buildings for purposes of civil defence.
  4. Part IX: Supplemental
  5. 79Power of factory inspectors and local authorities to enter premises and penalty for obstruction.
  6. 90Other provisions as to interpretation.
  7. 92Provisions as to Northern Ireland.

39Grants in respect of measures to secure due functioning of undertakings.

(1)

There may be paid out of moneys provided by Parliament towards approved expenses of public utility undertakers in taking measures F1. . . 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 Treasury, may approve for the purposes of this section.

(3)

This section shall not apply in relation to any railway undertaking . . . F2F3. . ..

62Power of local authorities and public utility undertakers to appropriate lands and buildings for purposes of civil defence.

C1(1)

Subject to the provisions of this section—

(a)

any local authority having any civil defence functions or any public utility undertakers who have been served with a notice under Part V of this Act may (without any formal appropriation thereof) use any lands or buildings owned by, leased to or under the control of the authority 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 local authority . . . F1 may permit any other local authority 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 authority,

and the provisions of this subsection 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.

F2(1A)

In subsection (1)(b) above “local authority”, in the first place where it occurs—

(F3a)

in the case of England and Wales, includes F4the London Fire and Emergency Planning Authority, any F5billing authority or precepting authority, as defined in section 69 of the Local Government Finance Act 1992, any metropolitan county passenger transport authority and any combination or joint committee of such authorities;

(b)

in the case of Scotland, means a F6council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(2)

The powers conferred by this section shall, after the passing of this Act, only be exercisable with the approval of the Minister and subject to any conditions he may impose in relation to any particular exercise thereof.

(3)

The Minister may at any time give directions to the local authority or, as the case may be, the local authorities 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 condition, and it shall be the duty of the local authority or local authorities 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 local authority, 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 an authority, includes the alteration and maintenance of those buildings.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

79Power of factory inspectors and local authorities to enter premises and penalty for obstruction.

(1)

F1. . . Any person duly authorised in that behalf by the Minister, the appropriate department, or a local authority 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 F2. . . Minister, appropriate department or authority, 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 . . . Minister, appropriate department or authority, as the case may be, of his or their civil defence functions.

(2)

The provisions of subsections (2), (3), (4) and (5) of section two hundred and eighty-seven of the M1Public Health Act 1936, shall apply for the purposes of this section as they apply for the purposes of that Act as if for the words in the said subsection (2) “authorise the council by any authorised officer” there were substituted the words “authorise the Minister, appropriate department, or local authority by any authorised officer . . .” .

(3)

Any person who wilfully obstructs . . .any person duly authorised by the Minister, the appropriate department, or a local authority 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 F3level 1 on the standard scale.

90Other provisions as to interpretation.

(1)

In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively 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;

  • . . . F1

  • “Appropriate department” means—

    1. (a)

      in relation to any railway, canal, inland navigation, dock or harbour undertaking, the Minister of Transport;

    2. (b)

      in relation to any gas undertaking, the Board of Trade;

    3. (c)

      in relation to any electricity undertaking, F2the Secretary of State; and

    4. (d)

      in relation to any water undertaking, the Minister of Health;

  • “Civil defence functions” means any functions conferred or imposed by or under . . . F3 this Act;

  • . . .

  • F4. . .

  • . . .

  • “Land,” in any provision of this Act relating to the acquisition of land, includes any interest in land and any easement or right in, to, or over land;

  • . . .

  • . . .

  • “Occupier,” in relation to any unoccupied land, premises, building or part of a building, means the person entitled to the possession thereof;

  • . . .

  • Provided that, where the estate or interest of any person who under the preceding provisions of this definition would be the owner of any commercial building is the subject of a mortgage, and either the mortgagee is in possession or the rents and profits are being received by a receiver appointed by or on the application of the mortgagee, that estate or interest shall be deemed for the purposes of this definition to be vested in the mortgagee;

  • . . .

  • “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, . . . F5, . . . F6 or water undertaking, and also includes persons who, though not authorised by any enactment or order (other than the M1Public Health Act 1875, or the M2Public Health Act 1936,) to do so, are engaged in supplying . . . water to the public, and for that purpose make use of pipes or mains laid in any highway; and “public utility undertaking” shall be construed accordingly.

(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.

92Provisions as to Northern Ireland.

(1)

The provisions of this Act, other than the provisions of this section, shall not extend to Northern Ireland.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)

There may be paid out of moneys provided by Parliament to the Government of Northern Ireland, grants towards the expenses incurred by that Government for the purposes of civil defence, of such amounts as the Treasury may determine, so, however, that not more than seven hundred and fifty thousand pounds in all shall be paid under this subsection during the four financial years ending with the thirty-first day of March nineteen hundred and forty-three, and not more than fifty thousand pounds shall be paid under this subsection in any subsequent financial year.