S.I. No. 360/1995 - Local Government Act, 1994 (Bye-Laws) Regulations, 1995.

S.I. No. 360 of 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

NAME OF LOCAL AUTHORITY
To:	Name
	Address


It is alleged that you have contravened the provisions of bye-laws made under Part VII of the Local Government Act, 1994 entitled ......................... by .................................... (in general terms specify nature of contravention) at .................................................. on ................................................
During the period of 21 days beginning on the date of this notice you may pay the sum of ..................................... pounds, accompanied by this notice, at the offices of the local authority named in this notice located at ............................................................ ........
A prosecution in respect of the alleged contravention will not be instituted during the said period and if the sum of .................... pounds is paid during that period, no prosecution will be instituted at any time.
Signed............................................................ .....................		Date.......................................
(Authorised Person)
Important: Payment will be accepted at the offices of the local authority specified above and must be accompanied by this notice. Payment may be made by post. Cheques etc. should be made payable to ".................................." (name of local authority). A receipt will be given.
You are entitled to disregard this notice and defend the prosecution of the alleged contravention in court.

Article 11

SECOND SCHEDULE

Session and Chapter	Short Title	Cesser
10 & 11 Vict., c. 14	Markets and Fairs Clauses Act, 1847	Section 42
41 & 42 Vict., c. 52	Public Health (Ireland) Act, 1878	Section 157
1 Edw. 7., c. 105	Dublin Corporation (Markets & c.) Act, 1901	Section 12
7 Edw. 7., c. 53	Public Health Acts Amendment Act, 1907	Section 83

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 .