Local Government Act 2001

Procedure for making bye-law.


200.—(1) Not less than 2 months before a local authority makes a bye-law, the local authority shall publish a notice in one or more newspapers circulating in the area to which the proposal relates—

(a) indicating that it is proposed to make a bye-law and stating its general purpose and where appropriate, that provision is to be made for the imposition of fixed payments in accordance with section 206,

(b) indicating the times at which and the period, which shall be not less than one month, during which a copy of the draft bye-law will be available for public inspection, at such place as is specified in the notice,

(c) stating that a copy of the draft bye-law will be given to any person applying for it on payment of such specified sum, if any, as the local authority may have fixed,

(d) stating that the local authority will consider any submissions in relation to the draft which are submitted to the authority in writing by any person before such date as may be specified, not being less than 7 days after the end of the period for inspection of the draft bye-law, and

(e) where a bye-law is subject to the approval of the appropriate Minister the notice shall comply with section 201(2)(b).

(2) (a) During the period indicated under subsection (1)(b), the local authority shall keep a copy of the draft bye-law open for public inspection, during ordinary office hours at the place specified in the notice and any person may apply for a copy of it.

(b) A copy of the draft 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 copying it.

(3) A local authority shall on, or as soon as may be after, the publication by it of a notice under subsection (1), send a copy of such notice together with a copy of the relevant draft bye-law to such persons as may be prescribed by regulations made by the Minister and different provisions may be prescribed for different classes of bye-law.

(4) The local authority shall consider any submissions made to it under subsection (1) and not withdrawn and may then—

(a) make the bye-law either in accordance with the draft or subject to such changes as the local authority may, at its discretion, determine, or

(b) not make the bye-law.

(5) (a) A bye-law made by a local authority, other than a bye-law to which section 201 applies, shall come into force on such date as shall be specified in the bye-law, which is not less than 30 days after its making.

(b) A bye-law to which section 201 applies shall not come into force unless approved by the appropriate Minister under that section.


Editorial Notes:


Power pursuant to section exercised (10.07.2006) by Local Government Act, 2001 (Bye-Laws) Regulations 2006 (S.I. No. 362 of 2006).