S.I. No. 360/1995:

LOCAL GOVERNMENT ACT, 1994 (BYE-LAWS) REGULATIONS, 1995.

LOCAL GOVERNMENT ACT, 1994 (BYE-LAWS) REGULATIONS, 1995.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 and 41 of the Local Government Act, 1994 (No. 8 of 1994), hereby makes the following Regulations:--

1. These Regulations may be cited as the Local Government Act, 1994 (Bye-Laws) Regulations, 1995.

2. These Regulations shall come into operation on the 1st day of January, 1996.

3. In these Regulations, save where the context otherwise requires, a reference to a section is a reference to a section of the Local Government Act, 1994 .

4. Bye-laws made by a local authority under section 37(1) may apply in respect of land, services or any other thing whether within or without the functional area of that local authority.

5. A local authority shall on, or as soon as may be after, the publication by it of a notice pursuant to section 38 (1), send a copy of such notice together with a copy of the relevant draft bye-law--

( a ) to the Minister of the Government who has, in its opinion, responsibility for or in relation to general matters associated with the activity, matter or thing in respect of which the bye-law is to be made,

( b ) to each Superintendent of the Garda Síochána in whose district the bye-law would have application,

( c ) in the case of a bye-law to be made under section 37 (1), to any other local authority in whose functional area or part thereof the bye-law would have application,

( d ) in the case of a bye-law to be made under section 37 (2) by the council of an urban district, the commissioners of a town or the corporation of a borough other than a county borough, to the council of the county in whose administrative county the relevant urban district, town or borough is situate.

6. A local authority shall on, or as soon as may be after, the publication by it of a notice pursuant to section 42 (1), send a copy of the notice together with a copy of the relevant bye-law to each of the persons it notified pursuant to article 5 of these Regulations.

7. The amount prescribed for the purposes of section 41 (1) shall be £25 and accordingly the amount of a fixed payment specified in a bye-law shall not exceed that amount.

8. A fixed payment notice provided for in a bye-law pursuant to section 41 shall be in the general form of the notice set out in the First Schedule to these Regulations subject to such alterations as may be considered appropriate by the relevant local authority in the case of the particular bye-law.

9. A fixed payment notice under section 41 shall be signed on behalf of the local authority concerned by an "authorised person" within the meaning of section 40 (10).

10. Where a notice is served pursuant to section 41--

( a ) (i) a person to whom the notice applies may, during the period specified in the notice, make to the local authority specified in the notice the payment specified in the notice accompanied by the notice, and

(ii) that local authority may receive the payment, retain the money so paid and issue a receipt for it and no payment so received shall in any circumstances be recoverable by the person who made it.

( b ) A prosecution in respect of the alleged contravention shall not be instituted

(i) before the expiry of the period specified in the notice, or

(ii) at any other time if the payment specified in that notice is made during that period.

11. The enactments mentioned in the Second Schedule to these Regulations shall cease to operate.

FIRST SCHEDULE

Article 8

FIXED PAYMENT NOTICE FOR THE PURPOSES OF SECTION 41 of THE LOCAL GOVERNMENT ACT, 1994

Article 11

SECOND SCHEDULE

GIVEN under the Official Seal of the Minister for the Environment,

this 21st day of December, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations deal with certain procedural and other matters related to bye-laws made by local authorities under Part VII of the Local Government Act, 1994 .