Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Provisions supplementary to sections 81 and 82

83. (1) Bye-laws may specify exemptions or exclusions from any requirements or prohibitions of the bye-laws.

(2) The bye-law maker shall consult the Minister for Transport, the Commissioner of An Garda Síochána and any other public authority or local authority responsible for transport or traffic management in the area in which the bye-laws, if made, would have effect.

(3) The making of bye-laws under section 81 (2) shall be a reserved function (within the meaning of section 2 of the Act of 2001) of the local authority concerned.

(4) The provisions of this Chapter relating to the making of bye-laws under section 81 (2) shall apply notwithstanding any other statutory provision regarding the making of bye-laws by local authorities.

(5) Bye-laws made under this Chapter shall have effect notwithstanding that bye-laws or regulations made under another enactment relate to, or are intended to have effect in respect of, a national monument.

(6) (a) For the purposes of ensuring compliance with a bye-law, an authorised officer may give directions to a person in control of a vehicle regarding the movement, removal or re-location of the vehicle.

(b) The person shall comply with a direction given to him or her under paragraph (a).

(7) Nothing in this section shall have effect so as to prevent or restrict the exercise of any other powers, whether under an enactment or rule of law, whereby—

(a) the entry of any person or any class of persons onto or into national monuments, or

(b) the conduct of any person at, in, on or in the vicinity of a national monument,

may be prohibited, restricted, controlled or made subject to conditions.