PHOENIX PARK ACT, 1925

AN ACT TO MAKE PROVISION FOR CONTINUING THE MAINTENANCE AND REGULATION OF THE PHOENIX PARK, DUBLIN, AS A PUBLIC PARK, AND THE PRESERVATION OF ORDER THEREIN, AND FOR OTHER PURPOSES CONNECTED THEREWITH. [11th July, 1925.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the word “Park” means the Phoenix Park in the County of Dublin;

the word “Commissioners” means the Commissioners of Public Works in Ireland;

the expression “the Minister” means the Minister for Finance;

the expression “park constable” means a person appointed by the Commissioners under this Act to be a park constable.

2 Management and control of the Park.

2.—The management and control of the Park shall continue to be vested in the Commissioners, but such management and control and all other duties and powers imposed on or vested in the Commissioners in relation to the Park by this Act or otherwise shall be performed and exercised by the Commissioners subject to and in accordance with the general directions of the Minister.

3 Park to be maintained as a public park.

3.—(1) The Commissioners shall maintain the Park as a public park for the general purpose of the recreation and enjoyment of the public, and may maintain particular portions of the Park for any special purposes for which the same or other portions of the Park have heretofore been used, or such like purposes as the Minister shall sanction.

• (2) The Commissioners may from time to time make such alterations and improvements in the arrangement, laying out, planting, draining, and fencing of the Park as they think proper for all or any of the purposes aforesaid, and in particular may from time to time make, open, and maintain such new roads and paths in the Park, and from time to time close and break-up such then existing roads and paths in the Park, as they think proper.

• (3) The Commissioners may with the consent of the Minister at any time erect such gate-lodges, porters' lodges, workshops, store-houses, and other buildings as shall appear to the Commissioners to be necessary or convenient for the maintenance of the Park for the purposes aforesaid.

4 Licences for exclusive occupation of portions of the Park.

4.—(1) The Commissioners may, subject to the consent of the Minister and to the provisions of this section, grant to any person a licence authorising such person to fence-off and have the exclusive occupation of any portion of the Park for any particular purpose, and to exclude the public from the portion of the Park to which such licence relates, and to admit the public to such portion or any particular part thereof on payment of such fee or compliance with such other condition as the holder of the licence shall think proper to charge or impose.

• (2) Every licence granted under this section shall be so granted subject to such conditions as the Commissioners shall think proper to impose, and every such licence shall be revocable at any time by the Commissioners with the consent or by the direction of the Minister.

• (3) The Commissioners shall not by any licence granted under this section authorise any person, during any period or periods exceeding in the whole three days in any one year, either to erect any fence or other structure so as to preclude the public from viewing any game, exhibition, or other entertainment, or to charge fees for admission to any part of the Park unless either—

• (a) the grant of such licence has been approved by resolution of each House of the Oireachtas; or

• (b) the draft of such licence has been laid before each House of the Oireachtas and neither House has, within the next ten days on which the House has sat after such draft was laid before it, passed a resolution disapproving of the grant of the licence.

• (4) Every licence heretofore granted by the Commissioners for the exclusive occupation of any portion of the Park and in force at, the passing of this Act shall continue in force according to the terms thereof, but shall be revocable at any time by the Commissioners with the consent or by the direction of the Minister.

5 Letting of the grazing in the Park.

5.—The Commissioners may from time to time let the grazing of any portion of the Park to any person for such period less than one year and subject to the payment of such rent and the observance of such conditions as the Commissioners shall, with the approval of the Minister, think proper.

6 Appointment of park constables, lodge keepers, etc.

6.—(1) The Commissioners may appoint such and so many park constables, lodge-keepers, gate-keepers, officers, workmen, and servants as the Commissioners shall, with the approval of the Minister, think necessary for the proper execution of the duties and exercise of the powers imposed or conferred on them in relation to the Park by this Act or otherwise.

• (2) Every person appointed by the Commissioners under this section shall be so appointed upon and subject to such terms and conditions and at such remuneration as the Commissioners shall, with the sanction of the Minister, determine.

7 Removal and arrest of offenders in the Park.

7.—(1) If any person in the Park and within the view of a park constable does any act which is an offence under any section of this Act or any bye-law made under this Act, or is in contravention of any such bye-law, such park constable, if in uniform, may do both or either of the following things, that is to say:—

• (a) demand from such person his name and address, or

• (b) order such person to leave the Park.

• (2) If any such person as aforesaid refuses to give his name or refuses to give his address to a park constable upon demand by such park constable as aforesaid, or gives a name or address which is known to or reasonably suspected by the park constable to be false or fictitious, the park constable may without warrant arrest and take into his custody such person.

• (3) If any such person as aforesaid, on being so required as aforesaid, refuses or fails to leave the Park, any park constable may either remove such person from the Park by force or may without warrant arrest and take into custody such person.

• (4) Whenever a park constable arrests any person under this section he shall forthwith bring and deliver such person into the custody of a police constable to be dealt with according to law.

• (5) Every person who on being required by a park constable acting under this section to give his name and address, refuses to give his name or refuses to give his address, or gives a false or fictitious name or address, or who on being ordered by a park constable acting under this section to leave the Park, refuses or fails to leave the Park, or having left or been removed from the Park returns thereto on the same day, shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

• (6) In addition to any other power vested in him by law, a member of the Gárda Síochána on duty in the Park shall have and may exercise the powers conferred on park constables by this section.

8 Obstruction of and assaults on park constables.

8.—Every person who shall obstruct or impede any park constable in the lawful execution of any of his duties or powers as such park constable whether under this Act or any bye-law made thereunder and every person who shall assault a park constable while engaged in the lawful execution of any such duties or powers shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

9 Employment and powers of police in the Park.

9.—(1) It shall be lawful for members of the Gárda Síochána to be employed on police duties in the Park as heretofore.

• (2) The Commissioner of the Gárda Síochána may make regulations for the routes to be observed by motor-cars, carriages, carts, and other vehicles, and by horses and persons in the Park either generally or on special occasions, and may also give directions to the members of the Gárda Síochána for enforcing the preservation of order in the Park, the observance of regulations made by the said Commissioner under this section, and the observance of bye-laws made by the Commissioners under this Act.

• (3) Every person who shall do any act or thing which is a breach or in contravention of a regulation made by the Commissioner of the Gárda Síochána under this section shall be guilty of an offence under such regulation and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

• (4) Section 28 of the Dublin Carriage Act, 1853, is hereby repealed.

10 Commissioners may make bye-laws.

10.—(1) The Commissioners may, subject to the approval of the Minister, make bye-laws for all or any of the purposes following, that is to say:—

• (a) regulating and controlling the use and enjoyment of the Park by the public or any section thereof,

• (b) prescribing the times during which the Park or any particular portion thereof shall be open to the public,

• (c) prescribing the modes and purposes in or for which the Park or any part thereof may be used by persons frequenting the same,

• (d) authorising and regulating the charging of fees by the Commissioners or any other person for admission to the Park or any particular part thereof on any particular occasion or occasions not exceeding in the whole three days in any one year,

• (e) regulating the terms on which licences for the exclusive occupation of portions of the Park will be granted by the Commissioners, and the conditions to be observed by persons to whom such licences are granted,

• (f) preserving order and good conduct amongst persons frequenting or making use of the Park,

• (g) preventing nuisances in the Park and in particular preventing the obstruction of the roads and paths in the Park,

• (h) regulating the conduct, duties, and powers of the park constables and other officers and servants of the Commissioners in relation to persons frequenting or making use of the Park, but not so as to confer on any such constable, officer, or servant any power of arrest or imprisonment,

• (i) prescribing the penalties which may be inflicted for breaches or contraventions of the several bye-laws respectively, but so that no such penalty shall exceed five pounds and a maximum penalty only and no minimum penalty shall be so prescribed,

• (j) generally for the maintenance and preservation of the Park as a public park for the purposes mentioned in this Act.

• (2) Every person who shall do any act or thing which is a breach or in contravention of a bye-law made under this section shall be guilty of an offence under such bye-law and shall be liable on summary conviction thereof to such penalty as is mentioned in that behalf in such bye-law or where no such penalty is mentioned to a penalty not exceeding five pounds.

• (3) Copies of all bye-laws made under this section and for the time being in force shall be posted in the Park in such conspicuous manner and places as the Commissioners may deem best calculated to give notice thereof to the persons using the Park.

• (4) Every bye-law made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall within twenty-one days on which that House has sat next after the bye-law was laid before it pass a resolution annulling such bye-law such bye-law shall be annulled accordingly, but without prejudice to the validity of anything previously done under such bye-law.

11 Saving for State Lands Act, 1924.

11.—Nothing in this Act shall preclude the making or granting under the State Lands Act, 1924 (No. 45 of 1924) of any such lease or licence as is authorised by that Act in respect of any house, barracks, or other building in the Park, with the out-offices and enclosed lands usually occupied therewith, now or formerly used as an official residence or for any other official or public purpose.

12 Short title.

12.—This Act may be cited as the Phoenix Park Act, 1925.