Local Government Act, 1994

Publication of bye-laws.

42.—(1) A bye-law shall, as soon as may be after it has been made, or approved in the case of a bye-law to which section 39 applies, be published in Iris Oifigiúil and notice of its making or approval and of the place where copies of the bye-law may be purchased or inspected shall be published in one or more newspapers circulating in the area to which the bye-law relates.

(2) The notice referred to in subsection (1) shall include—

(a) a statement of the general purposes for which the bye-law was made,

(b) the date on which it comes into force,

(c) a statement that a copy of the bye-law may be inspected, free of charge, during ordinary office hours, at the principal office of the local authority, and

(d) a statement that a copy of the bye-law will be given to any person applying therefor on payment of a specified fee, not exceeding the reasonable cost of making such copy.

(3) The local authority shall keep a copy of the bye-law open for public inspection, free of charge, during ordinary office hours, at the principal offices of the local authority, and shall give a copy of the bye-law 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.

(4) Failure to publish notice of the making of, or as appropriate, the approval of, or to make available a copy of, a bye-law shall not invalidate that bye-law.

(5) (a) Where the bye-law relates to the use, regulation or management of land provided by a local authority, a local authority shall endeavour to keep a notice that a bye-law applies displayed at or near such land.

(b) Failure to provide or to keep such notice pursuant to paragraph (a) shall not be a defence in a prosecution for contravention of a provision of a bye-law.

(6) (a) A local authority shall maintain a register of bye-laws made by it under this Part.

(b) The said register shall be available for public inspection at the principal offices of the local authority during normal office hours.

(c) The register shall include the date of the coming into operation, the area of application, and an indication of the subject matter of all bye-laws made by the authority.