Local Government (Planning and Development) Act, 1976

Transitional.

21.—(1) In case immediately before the appropriate day an appeal, contribution, question or dispute referred to in section 14 of this Act or an appeal pursuant to section 25 of this Act was being considered by the Minister, the said section 14 and sections 16 , 17 , 18 , 19 and 20 of this Act shall apply in relation to the appeal, contribution, question or dispute which, in lieu of being further considered by the Minister under the Principal Act, shall, unless it is withdrawn, be decided or determined by the Board as if it had been originally brought or referred to the Board under this Act.

(2) In case before the appropriate day a purchase notice within the meaning of section 29 of the Principal Act has been served on a planning authority and the authority have not served before that day a notice in relation thereto under subsection (2) of that section stating that they are willing to comply with the purchase notice, the following provisions shall have effect:

(a) in case the planning authority propose to serve on the relevant owner a notice in accordance with paragraph (b) of the said subsection (2) and the authority have not before the said day transmitted to the Minister copies of the notices referred to in subsection (4) of the said section 29, for the avoidance of doubt it is hereby declared that section 14 (5) of this Act shall apply in relation to the notice.

(b) in case the planning authority have before the appropriate day transmitted to the Minister the copies of the notices referred to in the said subsection (4) but the Minister before the appropriate day has neither confirmed the purchase notice nor taken any such other action as is mentioned in paragraph (i) or paragraph (ii) of the proviso to the said subsection (4), nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice in lieu of being further considered by the Minister shall be considered by the Board as if the copy of it had been transmitted to the Board on the appropriate day, and the said subsection (4) and subsection (5) of the said section 29 , as amended by this Act, shall with the necessary modifications apply in relation to the notice, and

(c) in either case, notwithstanding section 14 (9) of this Act, the said subsection (2) shall have effect in relation to the notice required to be served by that subsection as if “the Minister or the Board, as may be appropriate” were therein substituted for “the Minister”.

(3) For the purpose of enabling the Board to perform its functions on and from the appropriate day, the Board may, as an interim measure, make arrangements for the supply to the Board by the Minister of any services required by the Board pending the making by the Board of sufficient appointments pursuant to section 10 of this Act and the Minister may supply and the Board may avail of services for which arrangements are made under this subsection.