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Finding out by-laws?

  • 02-01-2012 10:06pm
    #1
    Registered Users, Registered Users 2 Posts: 317 ✭✭


    Where can one research by-laws for a given area?

    Also, does the availability vary by local authority, or are they generally passed as delegated legislation (Statutory Instruments) and published on IrishStatuteBook.ie?


Comments

  • Closed Accounts Posts: 283 ✭✭An Udaras


    Here is the new Airport Byelaws which have the passed the initial stage and are currently before the Cabinet to be passed and enacted as a S.I

    http://www.aerrianta.ie/our-business/bye-laws.pdf

    Generally most Byelaws are passed as an S.I I believe I image most are available online or on a specific agencies website or you could Email them I'm sure they could email you them or a link where to find them:)


  • Registered Users, Registered Users 2 Posts: 167 ✭✭Kevin3


    Powers of local authorities to pass bye-laws are under section 199 of the Local Government Act 2001. (http://www.irishstatutebook.ie/2001/en/act/pub/0037/sec0199.html) They are not passed by statutory instrument and are only required to publish a notice in one or more newspapers circulating in the area to which the bye-laws relate.

    Most councils have copies of their bye-laws on their website. They are also required to keep a copy of the bye-law open for public inspection during ordinary office hours at the principal offices of the local authority and any person may apply for a copy of it. A copy of the bye-law may be obtained by any person on the payment to the local authority concerned of such fee (if any) as the local authority fixes not exceeding the reasonable cost of the making of a copy.

    Airport bye-laws are completely different in that they are passed by statutory instrument under the State Airports Act 2004.


  • Closed Accounts Posts: 283 ✭✭An Udaras


    Is the only difference between Airport & Local Authority is how they are created?


  • Registered Users, Registered Users 2 Posts: 1,053 ✭✭✭BornToKill


    An Udaras wrote: »
    Here is the new Airport Byelaws which have the passed the initial stage and are currently before the Cabinet to be passed and enacted as a S.I

    http://www.aerrianta.ie/our-business/bye-laws.pdf

    Generally most Byelaws are passed as an S.I I believe I image most are available online or on a specific agencies website or you could Email them I'm sure they could email you them or a link where to find them:)

    It appears from the link that Dublin Airport Authority plc intends to make those Bye-Laws itself in exercise of the powers conferred on it by Section 15 of the StateAirports Act, 2004 (No. 32 of 2004). If that's the case I'm curious as to what initial stage have they passed? Also why would they be before the Cabinet and, indeed, what role would the Cabinet have here?


  • Registered Users, Registered Users 2 Posts: 167 ✭✭Kevin3


    An Udaras wrote: »
    Is the only difference between Airport & Local Authority is how they are created?

    They seem to be passed pretty much the same but for airport bye-laws have an extra section - Section 17 of the State Airports Act 2004 (http://www.irishstatutebook.ie/2004/en/act/pub/0032/sec0017.html#sec17) which requires a draft of the order to be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving the draft has been passed by each such House.

    Local authority's don't seem to have this extra requirement.


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  • Closed Accounts Posts: 283 ✭✭An Udaras


    Thanks Kev I think your above post answers Born To Kill question, the initial stage the DAA completed was the 30 day public consulation phase which included notices in national newspapers.


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