Local Government Act, 1994
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Procedure for making a bye-law. |
38.—(1) Not less than two months before making a bye-law, the local authority shall publish a notice in one or more newspapers circulating in the area to which the proposal relates— | |
(a) indicating that it is proposed to make a bye-law and stating its general purpose, | ||
(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-law 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, | ||
(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 seven days after the end of the period for inspection of the draft, and | ||
(e) where a bye-law is subject to the approval of the appropriate Minister the notice shall comply with section 39 (2) (b). | ||
(2) The local authority shall, during the stated period, being not less than one month, keep a copy of the draft bye-law 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(3) The local authority shall consider any submissions made to it under subsection (1) and not withdrawn and may then make the bye-law either in accordance with the draft or subject to such changes as the local authority may, at its discretion, determine. | ||
(4) (a) A bye-law made by a local authority, other than a bye-law to which section 39 applies, shall come into force on such date as shall be specified therein, being not less than 30 days after its making. | ||
(b) A bye-law to which section 39 applies shall not come into force unless approved by the appropriate Minister under that section. |