Dublin Port and Docks (Bridges) Act, 1929

Powers to make bye-laws as to use of Butt Bridge and Transporter Bridge.

37.—(1) The Board may from time to time, when and as often as they shall think necessary, make and ordain bye-laws and in like manner may alter and repeal such bye-laws, and make others, as circumstances may require, for all or any of the following purposes, (that is to say):

(a) For regulating the use of and the traffic upon Butt Bridge and the Transporter Bridge, and the approaches and works connected therewith respectively;

(b) For preventing obstructions of whatever kind or interference with the traffic upon or passage along Butt Bridge and the Transporter Bridge, or any injury thereto respectively;

(c) For regulating the conduct of the officers or servants of the Board in charge of Butt Bridge and the Transporter Bridge and their remuneration;

(d) For regulating the manner in which vessels shall approach or lie near Butt Bridge or the temporary bridge (if erected) and the Transporter Bridge respectively, and the times and manner of working or operating the Transporter Bridge in connection with the passage of such vessels;

and for all other matters and things relating to the care, superintendence and control of Butt Bridge and the Transporter Bridge and the operation and working of the Transporter Bridge; and the Board may enforce the observance of all such bye-laws by the addition of suitable penalties for any breach thereof:

Provided always that any bye-laws made by the Board under the powers contained in this section

(i) so far as the same relate to the Transporter Bridge or so far as the matters referred to in sub-section (1), paragraph (d) of this section relate to Butt Bridge shall not take effect unless and until the same shall have been confirmed with or without modification by the Minister for Industry and Commerce; and

(ii) so far as the same relate to any matters specified in sub-section (1), paragraphs (a), (b) or (c) of this section with reference to Butt Bridge shall not take effect unless and until the same shall have been confirmed with or without modification by the Minister for Local Government and Public Health.

(2) With respect to bye-laws to be made by the Board under this Act the following provisions shall take effect namely:—

(i) All bye-laws shall be reduced into writing and be under the seal of the Board.

(ii) All offences against such bye-laws shall be prosecuted by the Board and all penalties costs and expenses under bye-laws may be recovered by the Board before a Court of summary jurisdiction.

(iii) Notice of intention to apply for the confirmation of a bye-law under this Act shall be given not later than one month before the making of such application in the manner following namely—by advertisement once in the Iris Oifigiúil and three times in two several Dublin newspapers and by affixing such notice in a conspicuous place at the Office of the Board.

(iv) For one month at least before such application a copy of the proposed bye-law shall be kept at the Office of the Board and be open during office hours thereat to inspection by all parties reasonably requiring the same without payment and the Secretary to the Board shall furnish a copy thereof or any part thereof to every person reasonably requiring and making application for the same on payment of sixpence for every hundred words of such copy or if the proposed bye-law has been printed by the Board then at such reasonable price not exceeding one shilling for each print as the Board may direct.

(v) Any person desiring to object to any bye-law may object thereto by giving to the Board notice in writing of the nature of the objection within the foregoing period of one month and the Board shall transmit every such objection to the Minister for Industry and Commerce or the Minister for Local Government and Public Health (as the case may be) with their application for confirmation of the bye-law.

(vi) A printed copy of bye-laws dated and purporting to be confirmed as aforesaid and signed by the Secretary to the Board shall be prima facie evidence of the existence and of the due making and confirmation of such bye-laws.