Local Government Act, 1994

Power to make bye-laws.

37.—(1) A local authority may, subject to subsection (8), make a bye-law for or in relation to the use, operation, protection, regulation or management of any land, services, or any other thing whatsoever provided by or under the control or management of the local authority or in relation to any matter connected therewith.

(2) (a) A local authority may, subject to this subsection and subsection (8), where in its opinion it is desirable in the interests of the common good of the local community that any activity or matter should be regulated or controlled or that any nuisance should be controlled or suppressed, make a bye-law for that purpose.

(b) A bye-law may not be made under this subsection for a purpose as respects which provision for that particular purpose is made by or under any other enactment or may be made under such enactment.

(3) The power to make bye-laws conferred by—

(a) sections 30 , 41 and 42 (2) of the Local Government (Sanitary Services) Act, 1948 ,

(b) section 4 (4) of the Litter Act, 1982 , and

(c) section 17 of the Control of Dogs Act , 1986,

shall in each case be construed as if it were a power to make bye-laws under this Part and bye-laws made pursuant to any such enactment may, after the commencement of this subsection, include any thing which may be included in bye-laws made under this Part (in addition to anything which prior to such commencement could be included in bye-laws made under such enactment) and the provisions of this Part shall apply and have effect accordingly in relation to any such bye-laws made after such commencement.

(4) A bye-law may include such provisions as the local authority considers appropriate for its effective application, operation and enforcement and generally to achieve the purposes for which it is made, including—

(a) its application at all times or at specified times;

(b) its application throughout the functional area of the local authority or in any specified part of that functional area;

(c) the prohibition of any activity, matter or thing;

(d) the prescription of specified standards or requirements for specified matters or things;

(e) the exception of classes of persons or things from the bye-law either subject to or without compliance with specified conditions;

(f) the conduct of persons at specified places or in specified circumstances;

(g) the issue of licences or other authorisations by the local authority subject to or without condition and to have effect permanently or for a specified period;

(h) the payment of a fee or charge at a specified time by any person in respect of any specified matter governed by a bye-law;

(i) the specification of a fine being less than £1,000, for a contravention of a specified provision of a bye-law.

(5) (a) A local authority may, subject to the provisions of this Part, amend a bye-law.

(b) A local authority may revoke a bye-law with effect from such day as is specified in the resolution.

(6) The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law, shall be a reserved function.

(7) The power of a local authority to make a bye-law in respect of its functional area shall include a power to make a bye-law in respect of the foreshore and of coastal waters adjoining that functional area and with the agreement of any other local authority, of the coastal waters adjoining the functional area of that other local authority.

(8) The appropriate Minister may by regulation prescribe matters or classes of matters in respect of which local authorities shall not be entitled to make a bye-law.

(9) Where for given reasons the appropriate Minister considers that a bye-law or any provision thereof is objectionable and so notifies the local authority in writing then, if the local authority does not revoke or amend the bye-law in conformity with the notice, that Minister may by order do so with effect from a specified day. Section 3 (1) shall not apply to any such order.