DIPLOMATIC AND CONSULAR FEES ACT, 1939

AN ACT TO MAKE PROVISION FOR ENABLING FEES TO BE CHARGED BY CERTAIN DIPLOMATIC AND CONSULAR OFFICERS AND OFFICERS OF THE MINISTER FOR EXTERNAL AFFAIRS FOR PARTICULAR SERVICES RENDERED BY THEM, AND TO MAKE PROVISION FOR THE COLLECTION AND DISPOSAL OF SUCH FEES AND FOR THE RECOVERY THEREOF. [13th December, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 “The Minister”.

1.—In this Act the expression “the Minister” means the Minister for External Affairs.

2 Regulations fixing fees.

2.—(1) The Minister may, with the consent of the Minister for Finance, make regulations fixing the fees to be charged for such services as are specified in such regulations when rendered by a person to whom this Act applies.

• (2) Different regulations may be made under this section in relation to different persons to whom this Act applies and in, relation to different countries and places.

• (3) Regulations made under this section may provide for the waiver in specified circumstances of any fee fixed by those regulations or any other regulations made under this section.

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

3 Collection, disposal, and recovery of fees.

3.—The following provisions shall have effect in respect of every fee charged under regulations made under this Act, that is to say:—

• (a) such fee shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister,

• (b) the Public Offices Fees Act, 1879, shall not apply in respect of such fee, and

• (c) such fee shall, in default of payment by the person liable under such regulations for the payment thereof, be recoverable from such person as a simple contract debt in any Court of competent jurisdiction.

4 Persons to whom this Act applies.

4.—This Act applies to the following persons, that is to say:—

• (a) an envoy extraordinary and minister plenipotentiary, a high commissioner, a chargé d'affaires, a counsellor of legation, a first secretary of legation, a second secretary of legation, a first secretary of the office of high commissioner, a second secretary of the office of high commissioner, an attaché, and

• (b) a consul-general, a consul, a vice-consul, and

• (c) an honorary consul, an honorary vice-consul, and

• (d) any officer of the Minister appointed by the Minister to be a person to whom this Act applies.

5 Saving for powers under the Commissioners for Oaths (Diplomatic and Consular) Act, 1931.

5.—The powers conferred by this Act on the Minister are in addition to and not in substitution for the powers conferred on him by the Commissioners for Oaths (Diplomatic and Consular) Act, 1931 (No. 9 of 1931).

6 Short title.

6.—This Act may be cited as the Diplomatic and Consular Fees Act, 1939.