S.I. No. 197/1993 - Roads Act, 1993 (Commencement) Order, 1993.

S.I. No. 197 of 1993.

ROADS ACT, 1993 (COMMENCEMENT) ORDER, 1993.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the Roads Act, 1993 (No. 14 of 1993) hereby orders as follows:

1. This Order may be cited as the Roads Act, 1993 (Commencement) Order, 1993.

2. The following provisions of the Roads Act, 1993 shall come into operation on the 1st day of August, 1993:

( a ) section 1, section 2 other than subsection (4), section 3, section 5, sections 7 and 8, subsections (1) to (4) of section 10, sections 11 and 12, subsections (6) to (10) of section 13, section 15, sections 67 to 73, section 75 and sections 77 to 85.

( b ) section 4 for the purpose of effecting the repeal of the enactments specified in the First Schedule to this Order.

( c ) section 6 for the purpose of effecting the amendment of the enactments specified in the Second Schedule to this Order.

3. Section 76 of the Roads Act, 1993 shall come into operation on the 1st day of October, 1993.

FIRST SCHEDULE

ENACTMENTS REPEALED

Session and Chapter or Number and Year	Short Title	Extent of Repeal
14 & 15 Vict. Chapter 92	Summary Jurisdiction (Ireland) Act, 1851	Section 9, Section 10 (2) to 10 (6), 10 (8).
31 & 32 Vict. c.xxxiii	Cork Improvement Act, 1868	Section 131.
53 & 54 Vict. c.ccxlvi	Dublin Corporation, Act, 1890	Section 45.
59 & 60 Vict. c.cxxv	Waterford Corporation Act, 1896	Section 71.
No. 5 of 1925	Local Government Act, 1925	Sections 25, 26 and 34.
No. 24 of 1946	Local Government Act, 1946	Section 45 (4), Section 84 (4) (a) (i), (b), Section 97.
No. 12 of 1953	Local Government Act, 1953	The whole Act.
No. 9 of 1955	Local Government Act, 1955	Sections 34 and 35.
No. 28 of 1963	Local Government (Planning and Development) Act, 1963	Section 76.
No. 21 of 1966	Housing Act, 1966	Section 83 (1).
No. 20 of 1976	Local Government (Planning and Development) Act, 1976	Section 43 (1) (i), (j).

SECOND SCHEDULE

MINOR AND CONSEQUENTIAL AMENDMENTS

Session and Chapter or Number and Year	Short Title	Nature of Amendment
No. 13 of 1946	Forestry Act, 1946	In section 37 (4) (e) for the words " section 34 of the Local Government Act, 1925 (No. 5 of 1925)" there shall be substituted " section 70 of the Roads Act, 1993 ".
No. 24 of 1946	Local Government Act 1946	In section 45 (1) for the words "by resolution under this section passed by each of such authorities establish a joint committee of their members" there shall be substituted "establish a joint committee under section 38 of the Local Government Act, 1991 ". For section 45 (2) there shall be substituted: "(2) A resolution under the said section 38 for the establishment of a joint committee for the purposes of this section shall state the general character and purpose of the work.". In section 45 (3) for the words "by a resolution under this section" there shall be substituted "for the purposes of this section".
No. 9 of 1955	Local Government Act, 1955	In section 33 (2) for the words "to a road as defined in section 1 of the Act of 1925" there shall be substituted "to a public road as defined in section 2 of the Roads Act, 1993 ".
No. 40 of 1960	Local Government (No. 2) Act, 1960	In section 10, inserted by section 86 of the Housing Act, 1966 to delete subsection (4) (e) and substitute: "(e) Where— (i) an order made by virtue of this section authorises the extinguishment of a public right of way, and (ii) there is an objection to the extinguishment and the objection is not withdrawn, the Minister shall afford an opportunity to the person making the objection to state his case at a public local inquiry save where he thinks fit not to confirm the order.".

GIVEN under the Official Seal of the Minister for the Environment, this 7th day of July, 1993.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

This Order brings into operation with effect from 1st August, 1993, certain provisions of the Roads Act, 1993 (No. 14 of 1993). The Order also brings section 76 of the Act into force with effect from 1st October, 1993.