Local Government (Sanitary Services) Act, 1948

Bye-laws for regulation of swimming baths and bathing places.

42.—(1) A sanitary authority may make bye-laws for the regulation of a swimming bath, bathing place or washhouse maintained by them, for the regulation of persons resorting to the swimming bath, bathing place or washhouse and for the exclusion therefrom of undesirable persons, and the bye-laws may empower any officer of the sanitary authority or any member of the Gárda Síochána to request any person contravening any of the bye-laws to leave the swimming bath, bathing place or washhouse and to remove him therefrom if he does not comply with such request.

(2) A sanitary authority may make bye-laws for the regulation of a swimming bath or bathing place situate in their sanitary district to which the public are admitted free of charge or on payment of charges and which is maintained neither by them, by any other sanitary authority nor by the commissioners of any town, and the bye-laws may, in particular, provide for all or any of the matters mentioned in the Fourth Schedule to this Act.

(3) Where a bye-law is made under subsection (1) of this section in relation to any swimming bath, bathing place or wash house—

(a) such bye-law shall be posted and kept posted at such swimming bath, bathing place or wash house by the sanitary authority by whom the bye-law was made,

(b) if such sanitary authority fails or neglects to comply with paragraph (a) of this subsection, such sanitary authority shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, to a further fine not exceeding one pounds for each day on which the offence is continued.

(4) Where a bye-law is made under subsection (2) of this section in relation to any swimming bath or bathing place—

(a) such bye-law shall be posted and kept posted at such swimming bath or bathing place by the owner thereof,

(b) if such owner fails or neglects to comply with paragraph (a) of this subsection, such owner shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, to a further fine not exceeding one pound for each day on which the offence is continued.