Control of Horses Act, 1996

Procedure for making bye-laws.

13.—(1) Subject to subsection (4), not less than 2 months before making bye-laws under this Act a local authority shall publish a notice in one or more newspapers published in the State and circulating in the area to which the proposed bye-laws relate—

(a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

(b) indicating the times at which and the period (which shall be not less than one month) during which a copy of the draft bye-laws will be available for public inspection, free of charge, at such place as is specified in the notice,

(c) stating that a copy of the draft will be given to any person applying therefor on payment of such specified sum, if any, as the local authority may have fixed, and

(d) stating that the local authority will consider any submissions in relation to the draft which are submitted to the authority in writing by any person before such date as may be specified, not being less than 7 days after the end of the period for inspection of the draft.

(2) A local authority shall, during the stated period referred to in subsection (1) (b), being not less than one month, keep a copy of the draft bye-laws open for public inspection, free of charge, during ordinary office hours at the place specified in the notice in that behalf and shall provide a copy of the draft to any person applying therefor on payment of such reasonable sum, if any (being a sum not exceeding the reasonable cost of making the copy) as may be fixed by the local authority.

(3) A local authority shall consider any submissions made to it under subsection (1) and not withdrawn and may then make the bye-laws either in accordance with the draft or subject to such changes as the local authority may, at its discretion, determine.

(4) Subsections (1), (2) and (3) do not apply to bye-laws made under—

(a) section 17 (3) on foot of a direction of the Minister, or

(b) section 19 (1) (g), or

(c) section 47 which are stated in the bye-laws to be in force for a period of not more than one month.

(5) (a) Where any part of the boundary of the functional area of a local authority is a line of high water of the sea, or a tidal river, or a tidal lake, the local authority may, in making bye-laws under this Act, extend the area of operation of such bye-laws to the foreshore, or to such part of the foreshore (within the meaning of the Foreshore Act, 1933 ), as may be specified in the bye-laws.

(b) Where the area of operation of bye-laws is extended pursuant to this section, such extended area may be defined by reference to a map or otherwise.

(6) Bye-laws made under this Act shall come into operation on such day as may be specified therein, or if no such day is so specified, on the thirtieth day after the day on which the bye-laws are made.

(7) A local authority shall, whenever required so to do by any court produce to the court a true copy of any bye-laws made under this Act and verify the copy to such court by having endorsed thereon a certificate signed by an officer of the local authority, whose official position it shall not be necessary to prove, by which the bye-laws were made and the court shall receive the copy in evidence and thereupon, the copy shall, unless the contrary is shown, be sufficient evidence of the bye-laws.

(8) Every bye-law made under this Act may contain such incidental, supplementary and consequential provisions as appears to the local authority making it to be necessary.

(9) The making of bye-laws under this Act shall be a reserved function.

(10) The provisions of section 42 (which relates to the publication of bye-laws) of the Local Government Act, 1994 , shall apply to any bye-laws or bye-law made under this Act and references in that section to a bye-law or bye-laws (including the reference in subsection (6) of that section to bye-laws made under Part VII of the Local Government Act, 1994 ) shall be construed as including references to a bye-law or bye-laws made under this Act.