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Interpretation Act "Days"

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  • 24-01-2021 1:21pm
    #1
    Victor
    Registered Users Posts: 78,246 ✭✭✭✭


    http://www.irishstatutebook.ie/eli/2005/act/23/enacted/en/print#sec3
    (h) Periods of time. Where a period of time is expressed to begin on or be reckoned from a particular day, that day shall be deemed to be included in the period and, where a period of time is expressed to end on or be reckoned to a particular day, that day shall be deemed to be included in the period;
    Do I have it right that if, say, a council must have a public consultation for 30 days, that is 30 calendar days, measured across weekends and public holidays, unless otherwise stipulated?

    And as the 30 calendar days must include all of the start and end days), in practice the period should be a minimum of 32 days?


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    #2
    ohnonotgmail
    Registered Users Posts: 40,152 ✭✭✭✭ohnonotgmail


    my interpretation is different to yours. Probably best to illustrate by example. If there is a 30 day public consultation starting on Jan 1st it will end at midnight on Jan 30th.


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    #3
    Victor
    Registered Users Posts: 78,246 ✭✭✭✭Victor


    ohnonotgmail wrote: »
    my interpretation is different to yours. Probably best to illustrate by example. If there is a 30 day public consultation starting on Jan 1st it will end at midnight on Jan 30th.
    But they often want to end it at midday or 5pm or some other time, which makes things difficult for someone sending something at 7pm on Jan 30th. Also, it is unlikely that someone was commencing the consultation as they rang in the new year at 00:00 on Jan 1st.


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    #4
    ohnonotgmail
    Registered Users Posts: 40,152 ✭✭✭✭ohnonotgmail


    Victor wrote: »
    But they often want to end it at midday or 5pm or some other time, which makes things difficult for someone sending something at 7pm on Jan 30th. Also, it is unlikely that someone was commencing the consultation as they rang in the new year at 00:00 on Jan 1st.

    That is unlikely but from my reading of the act it is still counted. I could be misunderstanding you but you seem to read it as 30 full days so it would not end until February 1st. Am I understanding you correctly?


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    #5
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    Generally the first day wouldn't count so day 1 would be the day after the start and the 30 days could count as from then.


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    #6
    ohnonotgmail
    Registered Users Posts: 40,152 ✭✭✭✭ohnonotgmail


    Credit Checker Moose wrote: »
    Generally the first day wouldn't count so day 1 would be the day after the start and the 30 days could count as from then.

    the act specifically says that it is included.


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    #7
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    Fair enough.


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    #8
    Marcusm
    Registered Users Posts: 10,184 ✭✭✭✭Marcusm


    Victor wrote: »
    But they often want to end it at midday or 5pm or some other time, which makes things difficult for someone sending something at 7pm on Jan 30th. Also, it is unlikely that someone was commencing the consultation as they rang in the new year at 00:00 on Jan 1st.

    Is it a statutory consultation? If not, I suspect the Interpretation Act is not relevant in determining the days. If the consultation is statutory then in determining the time before the end of the day the relevant body will not have left the consultauon open for a sufficiently long period.

    As regards judicial consideration of “days”, have a look at the case regarding the validity of the search warrant on Judge Brian Curtin.


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