Fisheries Act, 1925

Power of making byelaws, etc., transferred to Minister.

28.—(1) On and after the commencement of this Part of this Act the several powers of making, revoking or varying bye-laws, definitions, rules, regulations, and orders conferred on or exercisable by the Department of Agriculture and Technical Instruction for Ireland by virtue of the Fisheries (Ireland) Acts, 1842 to 1909, shall be transferred to, vested in, and exercisable by the Minister and shall cease to be exercisable by the Department aforesaid, and any appeal from the making, revoking or varying of any such bye-laws, definitions, rules, regulations, or orders to the Lord Lieutenant in council shall likewise cease to exist.

(2) Notwithstanding any appeal which may be pending but without prejudice to any order which may be made on such appeal every bye-law, definition, rule, regulation, and order made by the Minister under this section shall come into operation on the day specified in that behalf therein, and if no such day is specified shall come into operation on the twenty-eighth day after the day on which the same is made.

(3) Every bye-law, definition, rule, regulation, and order made by the Minister under this section shall, as soon as may be after the same is made, be published in the Iris Oifigiúil and in one or more newspapers circulating in the district affected thereby, and a copy of every such bye-law, definition, rule, regulation, and order shall within one month after the same comes into operation be deposited with the Clerk of the Peace for every county which or any part of which is affected thereby, and with the District Court Clerk of every Court District which or any part of which is affected thereby, and in every station of the Gárda Síochána within the area affected thereby.

(4) Any person aggrieved by a bye-law, definition, rule, regulation, or order made by the Minister under any of the powers transferred to him by this section may, within one fortnight after the publication of such bye-law, definition, rule, regulation, or order in the Iris Oifigiúil, appeal against the same in accordance with rules of court made under Part 1 of the Courts of Justice Act, 1924 (No. 10 of 1924), to a court to be constituted for the purpose and to consist of one judge of the Supreme Court (who shall preside) nominated by the Chief Justice of the Irish Free State and two judges of the High Court nominated by the President of the High Court, and the Court so constituted shall have power to confirm or annul the bye-law, definition, rule, regulation, or order appealed against but without prejudice to the validity of anything done under or in pursuance of the bye-law, definition, rule, regulation, or order before the date of the order of the Court.

(5) Every order made by the said Court on an appeal under the foregoing sub-section shall be published and copies thereof shall be deposited in like manner as bye-laws made by the Minister under this section are required by this section to be published and deposited.