Local Government Act, 2001

Continuation in force of existing bye-laws, etc.

209.—(1) Every bye-law made under Part VII of the Local Government Act, 1994 , and subsisting at the commencement of this provision, shall continue in force as if made under this Part and may be amended or revoked as if made under this Part.

(2) Without prejudice to section 20 of the Interpretation Act, 1937 , references in—

(a) section 35 of the Waste Management Act, 1996 ,

(b) section 89 of the Harbours Act, 1996 ,

(c) section 13 of the Control of Horses Act, 1996 , and

(d) section 21(3) of the Litter Pollution Act, 1997 ,

to Part VII of the Local Government Act, 1994 , or any section of that Part shall be read as a reference to Part 19 of this Act or to the corresponding section of Part 19, as the case may be.

(3) Notwithstanding the repeal by this Act of the Towns Improvement (Ireland) Act, 1854, sections 78 to 88 of that Act shall continue to apply and have effect and for that purpose any reference to bye-laws in the said section 88 shall be read as reference to a bye-law made under this Part.

(4) Every bye-law made under section 30, 41 or 42(2) of the Local Government (Sanitary Services) Act, 1948 , or under section 88 of the Towns Improvement (Ireland) Act, 1854, and subsisting at the commencement of this provision shall continue in force as if made under this Part and may be amended or revoked as if made under this Part.

(5) For the avoidance of doubt it is hereby declared that any matter capable of being governed by a bye-law referred to in subsection (4) may be the subject of a bye-law made under this Part.

(6) In so far as certain bye-laws continue to apply for certain purposes under section 22(2) of the Building Control Act, 1990 , such bye-laws continue to so apply in accordance with that section.