Ireland Act 1949
1949 CHAPTER 41
Legal text as at 31 October 2004
[for scanned copy of this Act as originally enacted, click here (PDF, 304 kb)]
An Act to recognise and declare
the constitutional position as to the part of Ireland heretofore known as Eire,
and to make provision as to the name by which it may be known and the manner in
which the law is to apply in relation to it; to declare and affirm the
constitutional position and the territorial integrity of Northern Ireland and
to amend, as respects the Parliament of the United Kingdom, the law relating to
the qualifications of electors in constituencies in Northern Ireland; and for
purposes connected with the matters aforesaid
[2nd June 1949]
1 Constitutional provisions
(1) It is hereby
recognized and declared that the part of Ireland heretofore known as Eire
ceased, as from the eighteenth day of April, nineteen hundred and forty-nine,
to be part of His Majesty’s dominions.
(2) . . .
(3) The part of
Ireland referred to in subsection (1) of this section is hereafter in this Act
referred to, and may in any Act, enactment or instrument passed or made after
the passing of this Act be referred to, by the name attributed thereto by the
law thereof, that is to say, as the Republic of Ireland.
NOTES
Initial Commencement
Specified date
Specified date: 2 June 1949 (with
effect from 18 April 1949): see s 7(3).
Amendment
Sub-s (2): repealed by the Northern
Ireland Constitution Act 1973, s 41(1), Sch 6, Part I.
2 Republic of Ireland not a
foreign country
(1) It is hereby
declared that, notwithstanding that the Republic of Ireland is not part of His
Majesty’s dominions, the Republic of Ireland is not a foreign country for the
purposes of any law in force in any part of the United Kingdom or in any
colony, protectorate or United Kingdom trust territory, whether by virtue of a
rule of law or of an Act of Parliament or any other enactment or instrument
whatsoever, whether passed or made before or after the passing of this Act, and
references in any Act of Parliament, other enactment or instrument whatsoever,
whether passed or made before or after the passing of this Act, to foreigners,
aliens, foreign countries, and foreign or foreign-built ships or aircraft shall
be construed accordingly.
(2) . . .
NOTES
Initial Commencement
Specified date
Specified date: 2 June 1949 (with
effect from 18 April 1949): see s 7(3).
Amendment
Sub-s (2): repealed by the Diplomatic
Privileges Act 1964, s 8(4), Sch 2.
3 Other provisions as to
operation of United Kingdom and colonial laws in relation to Republic of
Ireland
(1) It is hereby
declared that—
(a) the operation of the
following statutory provisions, that is to say—
[(i) section 3
of the British Nationality Act 1948;]
(ii) so
much of any Act, or of any Act of the Parliament of Northern Ireland, as gives
effect, or enables effect to be given, to agreements or arrangements made at
any time after the coming into operation of the original constitution of the
Irish Free State, being agreements or arrangements made with the Government of,
or otherwise affecting, the part of Ireland which now forms the Republic of
Ireland, including agreements or arrangements made after the commencement of
this Act; and
(iii) the
Orders in Council made under sections five and six of the Irish Free State
(Consequential Provisions) Act 1922 (Session 2),
is not affected by the fact that the
Republic of Ireland is not part of his Majesty’s dominions; and
(b) that, in the said
provisions, and in any Act of Parliament or other enactment or instrument
whatsoever, so far as it operates as part of the law of, or of any part of, the
United Kingdom or any colony, protectorate or United Kingdom trust territory,
references to citizens of Eire include, on their true construction, references
to citizens of the Republic of Ireland.
(2) Until provision
to the contrary is made by Parliament or by some other authority having power
in that behalf, the following provisions shall have effect as respects any Act
of Parliament or other enactment or instrument whatsoever passed or made before
the passing of this Act, so far as it operates as part of the law of, or of any
part of, the United Kingdom or any colony, protectorate or United Kingdom trust
territory, that is to sayÑ
(a) if it contains a
reference to His Majesty’s dominions, or to any parts thereof, which would have
extended so as in any way to include the Republic of Ireland had that part of
Ireland remained part of His Majesty’s dominions, it shall have effect, with
any necessary adaptations, as if that reference did extend so as in that way to
include the Republic of Ireland, notwithstanding that that part of Ireland is
no longer part of His Majesty’s dominions; and
(b) in particular and without
prejudice to the generality of the preceding paragraph, if it contains a
reference to all, or to any classes or descriptions of, British or
British-built ships or aircraft which would have extended so as in any way to
include all, or any classes or descriptions of, the ships or aircraft of or
built in the Republic of Ireland had that part of Ireland remained part of His
Majesty’s dominions, it shall have effect, with any necessary adaptations, as
if that reference did extend so as in that way to include all, or that class or
description of, the ships or aircraft of or built in the Republic of Ireland,
as the case may be, notwithstanding that that part of Ireland is no longer part
of His Majesty’s dominions.
(3) The last preceding
subsection shall not apply to so much of section two of the Regency Act
1937, as requires that a declaration under that section of the incapacity
or unavailability of the Sovereign should be communicated to the Governments of
His Majesty’s dominions, and nothing in this section shall be construed as
implying that any alteration in the law touching the Succession to the Throne
or the Royal Style and Titles requires the assent of the Parliament of the
Republic of Ireland.
NOTES
Initial Commencement
Specified date
Specified date: 2 June 1949 (with
effect from 18 April 1949): see s 7(3).
Amendment
Sub-s (1): para (a)(i) substituted
by the British Nationality Act 1981, s 52(6), Sch 7.
Modification
The Northern Ireland Act 1998
makes new provision for the government of Northern Ireland for the purpose of
implementing the Belfast Agreement (the agreement reached at multi-party talks
on Northern Ireland and set out in Command Paper 3883). As a consequence of
that Act, any reference in this section to the Parliament of Northern Ireland
or the Assembly established under the Northern Ireland Assembly Act 1973, s 1,
certain office-holders and Ministers, and any legislative act and certain
financial dealings thereof, shall, for the period specified, be construed in
accordance with Sch 12, paras 1Ð11 to the 1998 Act.
4 Transitional provisions as to
references in Acts, etc
(1) Subject to the
provisions of subsection (4) of this section, subsection (2) of section three
of the British Nationality Act 1948 (which relates to the effect of
existing Acts of Parliament and other enactments and instruments) shall have
effect in relation to Acts, enactments or instruments passed or made before the
end of the year nineteen hundred and forty-nine as it has effect in relation to
Acts, enactments or instruments in force at the date of the commencement of
that Act.
(2) Subject to the
provisions of subsection (4) of this section, subsection (2) of the last
preceding section shall have effect in relation to Acts, enactments or
instruments passed or made before the end of the year nineteen hundred and
forty-nine as it has effect in relation to Acts, enactments or instruments
passed or made before the passing of this Act.
(3) Where, whether
by virtue of the preceding provisions of this section or otherwise, subsection
(2) of section three of the British Nationality Act 1948, or subsection
(2) of the last preceding section has effect in relation to any Act, enactment
or instrument, it shall, subject to the provisions of subsection (4) of this
section, have effect also in relation to any other Act, enactment or instrument
which, whether expressly or by implication, is required to be construed in the
same way as that Act, enactment or instrument.
(4) The preceding
provisions of this section have effect in relation to any Act, enactment or
instrument only in so far as a contrary intention does not appear in that Act,
enactment or instrument;
Provided that the
fact that an Act, enactment or instrument refers to a British subject, or to,
or to any part of, His Majesty’s dominions, or to a British or British-built
ship or aircraft, without referring to a citizen of the Republic of Ireland, to
the Republic of Ireland or to a ship or aircraft of or built in the Republic of
Ireland shall not of itself be taken as indicating a contrary intention for the
purposes of this subsection, and the same principle of constitution shall be
applied to other similar expressions.
NOTES
Initial Commencement
Specified date
Specified date: 2 June 1949 (with
effect from 18 April 1949): see s 7(3).
5 ...
...
NOTES
Amendment
Repealed by the British
Nationality Act 1981, s 52(8), Sch 9.
6 ...
...
NOTES
Amendment
Repealed by the Representation of
the People Act 1949, ss 174(2), 175, 176(2), (3), Sch 9.
7 Short title, interpretation and
commencement
(1) This Act may be
cited as the Ireland Act 1949.
[(2) In this Act
“the United Kingdom” includes the Channel Islands and the Isle of Man.]
(3) Save as
otherwise expressly provided, this Act shall be deemed to have had effect as
from the eighteenth day of April nineteen hundred and forty-nine.
NOTES
Initial Commencement
Specified date
Specified date: 2 June 1949 (with
effect from 18 April 1949): see sub-s (3) above.
Amendment
Sub-s (2): substituted by the British
Nationality Act 1981, s 52(6), Sch 7.