Planning and Development, and Residential Tenancies, Act 2020
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Emergency periods | ||
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5. (1) An emergency period shall be disregarded when calculating an appropriate period, a specified period or any other period of time mentioned in a relevant enactment to which that emergency period applies by virtue of an order under subsection (2). | ||
(2) Subject to this section, the Government may, from time to time and at the request of the Minister for Housing, Local Government and Heritage made— | ||
(a) after consultation with the Minister for Health, and | ||
(b) with the consent of the Minister for Public Expenditure and Reform, | ||
by order specify such period (in this section referred to as an “emergency period”) for the purposes of this section as the Government considers appropriate. | ||
(3) (a) An order under subsection (2) may specify— | ||
(i) an emergency period in respect of one or more than one relevant enactment, and | ||
(ii) different emergency periods in respect of different relevant enactments. | ||
(b) An order under subsection (2) may specify— | ||
(i) an emergency period in respect of one or more than one administrative area, and | ||
(ii) different emergency periods in respect of different administrative areas. | ||
(4) The Government shall not make an order under subsection (2) unless they are satisfied that the making of such order is in the public interest having regard to— | ||
(a) the nature and potential effect of Covid-19 on individuals, society and the State, | ||
(b) the need to eliminate or reduce the threat to public health of Covid-19, | ||
(c) the policies and objectives of the Government relating to the protection of the public from Covid-19, | ||
(d) the need to mitigate the adverse economic effects resulting from the spread of Covid-19 and the measures adopted to prevent its spread, and | ||
(e) the need to eliminate or reduce the impact of Covid-19, and the measures adopted to prevent its spread, on the effective performance of functions under those enactments. | ||
(5) (a) The Government shall not make an order under subsection (2) unless they are satisfied that the making of such order is in the public interest having regard to the need— | ||
(i) in the case of sections 4(4), 6 and 17(6) of the Act of 1990 or any instrument thereunder, to— | ||
(I) ensure the effective operation of that Act, and | ||
(II) protect the health, safety and welfare of occupants of, and visitors to, buildings and persons for the time within the curtilage or immediate vicinity of buildings, | ||
and | ||
(ii) in the case of any other relevant enactment, to ensure— | ||
(I) the effective operation of such enactment, and | ||
(II) proper planning and sustainable development. | ||
(b) This subsection is in addition to, and not in substitution for, subsection (4). | ||
(6) An order under this section shall not specify an emergency period that expires after the day on which Part 3 of the Act of 2020 ceases to have effect by virtue of subsection (3) of section 2 of that Act. | ||
(7) For the avoidance of doubt, the Government may make an order under subsection (2) in respect of a relevant enactment notwithstanding the expiration of an emergency period specified in respect of that enactment by an earlier such order. | ||
(8) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
(9) In this section— | ||
“Act of 1990” means the Building Control Act 1990 ; | ||
“administrative area” has the meaning assigned to it by the Local Government Act 2001 ; | ||
“relevant enactment” means— | ||
(a) sections 4(4), 6 and 17(6) of the Act of 1990, | ||
(b) the Derelict Sites Act 1990 , | ||
(c) the Act of 2000, | ||
(d) Part 2 of the Urban Regeneration and Housing Act 2015 , | ||
(e) Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , | ||
(f) an instrument under any of the foregoing enactments, or | ||
(g) a provision of any such enactment or instrument. |