Houses of the Oireachtas (Laying of Documents) Act, 1966

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Number 10 of 1966.


HOUSES OF THE OIREACHTAS (LAYING OF DOCUMENTS) ACT, 1966


ARRANGEMENT OF SECTIONS

Section

1.

Definition.

2.

Procedure for laying document.

3.

Provision of minimum period in relation to laying of certain documents.

4.

Orders relating to fees laid Pursuant to Registry of Deeds (Ireland) Act, 1832.

5.

Short title.


Acts Referred to

Registry of Deeds (Ireland) Act, 1832

1832, c. 87

Land Transfer (Ireland) Act, 1848

1848, c. 120

Registry of Deeds (Ireland) Act, 1875

1875, c. 5

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Number 10 of 1966.


HOUSES OF THE OIREACHTAS (LAYING OF DOCUMENTS) ACT, 1966


AN ACT TO MAKE PROVISION IN RELATION TO THE LAYING OF DOCUMENTS BEFORE THE HOUSES OF THE OIREACHTAS AND IN RELATION TO CERTAIN ORDERS REQUIRED TO BE LAID BEFORE THOSE HOUSES. [15th March, 1966.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definition.

1.—In this Act “statute”, except in subparagraph (ii) of paragraph (a) of subsection (2) of section 3, means—

(a) an Act of the Oireachtas,

(b) an Act of the Oireachtas of Saorstát Éireann,

(c) an Act of the Parliament of the former United Kingdom of Great Britain and Ireland, or

(d) an Act of a Parliament sitting in Ireland at any time before the coming into force of the Union with Ireland Act, 1800.

Procedure for laying document.

2.—A reference in any statute to the laying of a document before a House of the Oireachtas shall be construed—

(a) if the standing orders of the House which are for the time being in force specify the action to be taken as constituting laying of the document before the House, as a reference to the taking of that action, and

(b) if such standing orders do not so specify, as a reference to the taking of such action as, by virtue of the practice which for the time being is followed by the House, is accepted as constituting laying of the document before the House.

Provision of minimum period in relation to laying of certain documents.

3.—(1) Where in accordance with a provision contained in any statute passed before the passing of this Act—

(a) an instrument in relation to which this section applies may not come into force or may not take effect within a period after the laying of the instrument before a House of the Oireachtas, being a period not expressed in sitting days,

(b) a proposed instrument in relation to which this section applies may not be made, issued, granted or given within a period after the laying of a draft of the instrument before a House of the Oireachtas, being a period not expressed in sitting days, or

(c) an instrument in relation to which this section applies or a draft of a proposed such instrument may be annulled, disallowed or disapproved, or rendered such as not to have any force or such that no further proceedings are to be taken thereon, in whole or in part by or consequent upon action taken by a House of the Oireachtas within a period after the laying of the instrument or draft before the House, being a period not expressed in sitting days,

then, in any case in which the laying before the House of the Oireachtas is effected after the passing of this Act, the period shall, if apart from this subsection it would expire earlier, be deemed not to have expired before the expiration of the relevant weeks.

(2) In subsection (1) of this section—

(a) “instrument in relation to which this section applies” means—

(i) any order, regulation, rule, scheme, bye-law, warrant, licence, permit, certificate, direction or other like document, or

(ii) any statute for the government of a university or constituent college thereof,

with respect to which the power or authority under which it may be made, issued, granted or given is conferred by or under statute;

(b) “the relevant weeks” means the following weeks:

(i) either—

(I) in case, in the week in which the laying before the House of the Oireachtas is effected, the House sits on any day later than the day on which the laying before it is effected—the week in which the laying before the House is effected, or

(II) in any other case—the first week, after the week in which the laying before the House of the Oireachtas is effected, in which the House sits,

(ii) the first week, after the week specified in subparagraph (i) of this paragraph, in which the House of the Oireachtas sits,

(iii) the first week, after the week specified in subparagraph (ii) of this paragraph, in which the House of the Oireachtas sits,

(iv) the first week, after the week specified in subparagraph (iii) of this paragraph, in which the House of the Oireachtas sits.

Orders relating to fees laid pursuant to Registry of Deeds (Ireland) Act, 1832.

4.—(1) This section applies to any order under section 35 of the Registry of Deeds (Ireland) Act, 1832, or under that section and section 9 of the Land Transfer (Ireland) Act, 1848 , which relates only to fees.

(2) Notwithstanding section 1 of the Registry of Deeds (Ireland) Act, 1875 , but subject to the next subsection, an order to which this section applies shall come into force on such day, not earlier than three months after the order is made, as shall be specified for that purpose in the order.

(3) The foregoing subsection shall not prejudice the operation of any resolution passed in relation to an order to which this section applies pursuant to section 1 of the Registry of Deeds (Ireland) Act, 1875 , and, if the resolution is passed after the order has come into force, the operation of the resolution shall not affect anything previously done under the order.

Short title.

5.—This Act may be cited as the Houses of the Oireachtas (Laying of Documents) Act, 1966.