Road Traffic Act 1961

Approval of bye-laws made by the Commissioner.

6

6. (1) A bye-law made by the Commissioner under this Act which is required by this Act to be made with the consent of the Minister shall be submitted in the prescribed manner to the Minister for his approval.

(2) Where a bye-law is submitted to the Minister under this section, the Minister shall either, as he thinks proper, refuse to approve of the bye-law, approve thereof without modification or make such modifications therein as he thinks proper and approve of the bye-law as modified.

(3) A bye-law approved of by the Minister under this section (whether with or without modification) shall be published in the prescribed manner.

(4) No such bye-law as is mentioned in the foregoing subsections of this section shall be of any force or effect unless or until it has been submitted to and approved of by the Minister and published in accordance with this section.

(5) Where the Commissioner proposes to make under this Act a bye-law which is required by this Act to be made after consultation with the local authority concerned, the following provisions shall have effect:

( a) the Commissioner shall give, to the corporation of every county or other borough, council of a county, council of an urban district and commissioners of a town to which or to any part of which the bye-law is intended to apply, notice of his intention to make the bye-law, and the Commissioner shall consider all representations made to him by any such corporation, council or commissioners in respect of the proposed bye-law;

( b) the Commissioner shall, if and when he submits the bye-law to the Minister under this section, give to every such corporation, council and commissioners notice of the submission, and the Minister shall consider all representations made to him by such corporation, council or commissioners in respect of the bye-law;

( c) the Minister shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given under this section to every such corporation, council and commissioners;

( d) for the purposes of this subsection, a bye-law shall not be deemed to be intended to apply to any part of a county unless it is intended to apply to some part of the county which is not in any borough, urban district or town.

(6) The making of representations pursuant to subsection (5) of this section shall—

( a) where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and

( b) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.

(7) Every bye-law made under section 86 or section 88 of this Act and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and, if a resolution annulling the bye-law is passed by either such House within the next subsequent twenty-one days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Modifications (not altering text):

C16

Terms “county council” and “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

...

Editorial Notes:

E99

Power pursuant to subs. (3) and s. 5 exercised (7.04.1962) by Road Traffic (Bye-Laws and Temporary Rules) (Amendment) Regulations 1962 (S.I. No. 60 of 1962).

E100

Power pursuant to subss. (1), (3) and ss. 5, 84(3), 89(4) and 90(7) exercised (28.09.1961) by Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961).