(3) Where the decision of (i) the Court of Appeal, or (ii) a court in Ireland, involves the decision of any question as to the validity of any law made by the Irish Parliament and the decision in case (i) is not otherwise subject to an appeal to the Privy Council, or in case (ii) is not subject to any appeal to the Court of Appeal in Ireland, an appeal is to lie by virtue of the Act, in case (i) to the Privy Council, but only by leave of the Court of Appeal or the Crown, and in case (ii) to the Court of Appeal in Ireland without any such restriction. (u)

Provisions as to Existing Irish Officers. (x)—Provision is made by the Act for the continuation in office after the Act comes into force of all existing Irish officers in the civil service of the Crown (not falling within the class of officers as to whom provision is made in the manner previously mentioned) by the same tenure (y) and subject to the same conditions in general as to duties, (2) salaries, superannuation, etc., as before the passing of the Act. (a)

Provision is also made for the continued application of the Superannuation Acts, 1834 to 1909, to such existing Irish officers; (b) and as to the payment of superannuation or other allowance to officers to whom these Acts do not apply; (c)

(u) 4 & 5 Geo. V. c. 90, s. 30 (1) (2).

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(x) By s. 36 provision is made for determining what persons are to be deemed existing Irish officers," or Irish officers, under the Act, and for settlement by the Civil Service Committee of questions relating thereto, the proportions in which any allowance, etc., payable to such officers is to be paid as between the Exchequer or consolidated fund of Ireland and of the United Kingdom respectively.

(y) But officers removable at the time of the passing of the Act by His Majesty, or the Chief Secretary, or any other person than the Lord Lieutenant, or in any special manner, may be removed after the Act comes into force by the Lord Lieutenant. And in the case of existing permanent members of the Congested Districts Board, special provision is made for laying the order of the Lord Lieutenant before both Houses of the Irish Parliament.

(z) Or such duties as the Civil Service Committee established under the Act, determine to be analogous.

(a) Ib. s. 33.

(b) Ib. s. 33 (2). The Civil Service Committee is to be substituted for the Treasury so far as relates to the grant and ascertainment of any allowance or gratuity under these Acts. The sums payable to Irish officers under these Acts are to be paid out of moneys provided by the Imperial Parliament, and made good by deductions from the transferred sum under Treasury regulations. Ib.

(c) Ib. s. 33 (5).

and for compensation to any such officers retiring (i) under the statutory provisions contained in the Act within five years from the date when the Act comes into force, or (ii) with the permission of the Civil Service Committee given in accordance with the Act, or (iii) being removed or required to retire by the Irish Government before attaining the age of sixty-five for any cause other than misconduct or incapacity.(d) The Pensions Commutation Acts, 1871 to 1882, are to apply to persons to whom an annual allowance is granted to existing officers in pursuance of the Act, as they apply to a person retiring in consequence of the abolition of his office, and any terminable annuity payable in respect of the commutation is to be payable out of the same funds as the allowance. (e)

Pensions payable when the Act comes into force and granted on account of service in Ireland as an Irish officer in the civil service of the Crown but not in an established capacity, or as a petty sessions clerk, or in the registry of petty sessions clerks, are, in so far as the fund out of which it is payable at the time of the passing of the Act is not available by reason of anything done or omitted after that time, to be charged on and paid out of the Irish Consolidated Fund. (ƒ)

Existing Irish Officers. The Civil Service Committee.-For the purposes of the Act in relation to existing Irish officers a Civil Service Committee is to be established consisting of three members appointed one by the Treasury, one by the Irish Executive Committee, and one (who is to be chairman) by the Lord Chief Justice of England. Vacancies arising are to be filled by the corresponding authority; and the Committee may act by any two of its members, and regulate their own procedure subject to the provisions of the Act. (g)

The Committee have certain duties in relation to existing Irish officers as to the grant or ascertainment of amount of superannuation allowances, (h) the determination of the duties of existing Irish officers, (i) and ascertaining who are

(d) 4 & 5 Geo. V. c. 90, s. 33 (3), Sched. III.

(e) Ib. s. 33 (6).

(f) Ib. s. 35 (2).

(g) Ib. s. 34.

(h) Ib. s. 33 (2) (5).

(i) Ib. s. 33 (1).

Irish officers for purposes of the Act, (j) and the award of compensation on retirement or removal from office by the Irish Government to officers serving in the civil service of the Crown whether in an established capacity or not. (k)

The determination by the Committee of any question under the provisions of the Act is to be final and conclusive. (1)

Provisions as to Members of the Police.-Provision is made by the Act for the continuation in service of all officers and constables of the Dublin Metropolitan Police, and the Royal Irish Constabulary, who are serving on the day when the Act comes into force as to the first force, or on the day on which the control and management is transferred to the Irish Government (m) under the Act as to the second force, subject to the same conditions in general as to duties and salaries (which are not to be less than before the day of transfer (n)), and also to the existing enactments relating to pay or pensions, the Lord Lieutenant being substituted for the Chief Commissioner or Inspector General as the case may be. (o) Provision is also made for the payment of pensions to such officers and men who become entitled to pensions for length of service before the day of transfer and continuing to serve after that day; (p) also for payment of compensation on voluntary retirement after the day of transfer, or on being required to retire after that day. (q)

The Pensions Commutation Acts, 1871 to 1882, are to apply to persons to whom an allowance is granted under the above conditions, as if they had retired from the permanent civil service of the Crown on the abolition of the office, and terminable annuities in respect of the commutation of an allowance are to be payable out of the same funds as the allowance. (†)

(j) 4 & 5 Geo. V. c. 90, s. 36.

(k) Ib. s. 33 (3), Sched. III.

(1) Ib. s. 34 (5).

(m) As to this transfer see ante, p. 414.

(n) Viz. the day when the Act comes into force for the Dublin Metropolitan Police and the day when the management is transferred to the Irish Government for the Royal Irish Constabulary. Ib. s. 37 (7).

(0) Ib. s. 37 (1) (2).

(p) Ib. s. 37 (3).

(q) Ib. s. 37 (4), Sched. IV.

(r) Ib. s. 37 (6).

Pensions, allowances, or gratuities payable after the day of transfer to such officers serving on the day of transfer under existing enactments, or compensation payable under the Act, are to be paid out of moneys provided from the Imperial Parliament and made good by deductions from the transferred sum under Treasury regulations. (s)

Provisions as to Transfer Orders.—The Crown is empowered by Orders in Council (referred to in the Act as "transfer orders") to make any regulations necessary for setting in motion the Irish Parliament and Government, or for bringing the Act into full operation, or making effectual transfers of reserved services under the Act, and in particular such orders may provide for the following matters (t) :

(1) Necessary adaptations of enactments relating to Ireland to give effect to the Act, or relating to England or Scotland in consequence of changes effected by the Act.

(2) Necessary adaptations of enactments with respect to the execution of reserved services, and where any powers or duties in connection with such services are under any existing Act to be exercised or performed by any department in Ireland which will cease to exist as a department of the Imperial Government, to provide for their exercise or performance by any department of the latter.

(3) Regulations as to the relations of the Irish and British Post Offices; provisions for the apportionment of the capital liabilities of the Irish Post Office between the Irish and Imperial Exchequers; for the execution (including terms and conditions) of postal services by the one post office at the request of and on behalf of the other, and for facilities being given for such services; for requiring the sanction of the British Post Office for the grant by the Irish Post Office of licences for wireless telegraphy stations for internal communications in Ireland; and for the reservation of power to the Crown by Order in Council in time of war or national emergency to transfer the powers or duties of the Irish Post Office to the British Post Office or to the Imperial naval or military authorities.

(4) Provisions, on transfer of the public services under the Old Age Pensions Acts, 1908 and 1911, for securing the (8) 4 & 5 Geo. V. c. 90, s. 37 (5).

(t) Ib. s. 47.

payment of an old age pension to persons entitled thereto at the time of transfer, while they continue so entitled.

(5) Provisions, on transfer of public services in connection with the post office or trustee saving banks, for giving a depositor in a post office savings bank the right to repayment of sums due to him on account of deposits at the time of transfer; and for giving the trustees of any savings bank in Ireland the right to close their bank and require repayment of all sums due to them from the National Debt Commissioners; and for securing the payment of an annuity or sums due under a policy of insurance granted before the transfer by a post office or trustee savings bank.

(6) Provisions as to the transfer and apportionment of property, rights, and liabilities connected with Irish services; and for proper reductions in the payment of the transferred sum for the first year in respect of Irish services not executed by the Irish Government during any part of such year.

(7) Provisions, where an Act deals with reserved and other matters, for specifying which of such matters are to be dealt with as reserved matters. (u)

Irish transfer Orders in Council are to be laid before both Houses of the Imperial Parliament within forty days of being made if Parliament is sitting, or if not, within forty days after the commencement of the next session.

On an address presented to the Crown within the next twenty-one days on which the House has sat praying that the Order be annulled, the Crown may annul the same by Order in Council without prejudice to the validity of proceedings taken in the meantime under the Order. When so made an Irish transfer Order is to have effect as if enacted in the Act. (x)

Provisions as to Irish Universities.-The Irish Parliament is not to have power to make a law altering the constitution, diverting the property of, or repealing or diminishing existing exemptions or immunities enjoyed by Dublin University or Trinity College, Dublin, or the Queen's University of Belfast, unless approved by a majority of those present and voting at a meeting of each of certain bodies of the respective

(u) 4 & 5 Geo. V. c. 90, s. 47.

(x) Ib. s. 48.