Local Government Act, 1994

Certain bye-laws to be submitted to the appropriate Minister.

39.—(1) This section shall apply to a bye-law which by virtue of regulations under subsection (2) is required to be submitted to the appropriate Minister.

(2) (a) The appropriate Minister may by regulations designate any matter or classes of matters in relation to which a bye-law shall require the approval of that Minister and any such bye-law shall not come into force unless so approved.

(b) Section 38 shall, subject to the provisions of this section, apply to a bye-law to which this section applies but a notice to be published by the local authority pursuant to section 38 (1) shall state that the bye-law to be made by the local authority shall be subject to the approval of the appropriate Minister and that the authority is required to submit all submissions which it receives to that Minister together with its comments (if any) thereon.

(3) A local authority shall, as soon as may be after the making under section 38 of a bye-law to which this section applies, submit a copy to the appropriate Minister together with a copy of any submissions received by the authority and any comments which it may have on them.

(4) The appropriate Minister, having considered the documents submitted by the local authority pursuant to subsection (3), may—

(a) approve the bye-law;

(b) approve the bye-law subject to such amendments as that Minister may direct; or

(c) refuse to approve the bye-law.

(5) A bye-law approved by the appropriate Minister shall come into force (with or without amendments as the case may be) on such date as that Minister may direct.