Maritime Safety Act 2005

Procedure for making bye-laws and publication.

7.—(1) Not less than one month before making bye-laws an authority shall publish a notice in one or more newspapers published in the State and circulating in the area to which the proposed bye-laws relate—

(a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

(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-laws 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 authority may have fixed, and

(d) stating that the authority will consider any submissions in relating 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 7 days after the end of the period for inspection of the draft.

(2) An authority shall, during the stated period referred to in subsection (1)(b), being not less than one month, keep a copy of the draft bye-laws 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 authority.

(3) An authority shall consider any submissions made to it under subsection (1) and not withdrawn and may then make the bye-laws either in accordance with the draft or subject to such changes as the authority may, at its discretion, determine.

(4) Bye-laws shall come into operation on such day as may be specified therein or, if no such day is so specified, on the thirtieth day after the day on which the bye-laws are made.

(5) An authority shall, whenever required so to do by any court produce to the court a true copy of any bye-laws made by it and verify the copy to the court by having endorsed on it a certificate signed by an officer of the authority, whose official position it shall not be necessary to prove, by which the bye-laws were made and the court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the bye-laws.

(6) Bye-laws shall, as soon as may be after they have been made, be published by the authority which made them in the Iris Oifigiúil and notice of their making and of the place where copies of the bye-laws may be purchased or inspected shall be published by the authority in one or more newspapers circulating in the area to which the bye-laws relate.

(7) A notice referred to in subsection (6) shall include—

(a) a statement of the general purposes for which the bye-laws were made,

(b) the date on which they come into force,

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

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

(8) An authority shall keep a copy of any bye-laws made by it open for public inspection, free of charge, during ordinary office hours, at the principal offices of the authority, and shall give a copy of the bye-laws 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 authority.

(9) Failure to publish notice of the making of or to make available a copy of bye-laws does not invalidate the bye-laws.

(10) (a) An authority shall maintain a register of bye-laws made by it.

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

(11) In this section “bye-laws” means bye-laws made under section 6 .