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Suspension of acts, orders, etc., by planning schemes.
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44.—(1) Where a planning scheme contains provisions in relation to the whole or any particular part of the area to which such scheme relates which are similar in effect to or are inconsistent with any enactment contained in an Act in force in the whole or such particular part (as the case may be) of such area or any enactment contained in any order, bye-law, or regulation made by a local authority under any such Act and so in force, such planning scheme may, subject to the provisions of this section, contain any such provisions (in this section collectively referred to as suspensory provisions) as are mentioned in whichever of the following paragraphs is applicable, that is to say:—
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(a) in the case of an enactment contained in a public general British statute or a public Act of the Oireachtas, suspending the operation of such enactment in the whole or such particular part (as the case may be) of such area;
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(b) in the case of an enactment contained in a local British statute or a private Act of the Oireachtas, suspending the operation or amending, adapting, or modifying the provisions of such enactment in relation to the whole or such particular part (as the case may be) of such area;
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(c) in the case of an enactment contained in any such order, bye-law, or regulation as aforesaid, suspending the operation or amending, adapting, or modifying the provisions of such enactment in relation to the whole or such particular part (as the case may be) of such area.
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(2) Subject to the provisions of the next following sub-section of this section, no suspensory provision contained in a planning scheme shall come into operation or have effect unless or until such suspensory provision has been confirmed by a resolution passed by each House of the Oireachtas.
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(3) The next preceding sub-section of this section shall not apply in respect of any suspensory provision—
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(a) relating solely to an enactment which could under any Act (other than this Act) have been made in relation to the area to which such suspensory provision applies by means of an order, bye-law, or regulation not requiring confirmation by the Oireachtas, or
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(b) relating solely to an enactment which had previously been the subject of a suspensory provision contained in another planning scheme and confirmed under this section by a resolution passed by each House of the Oireachtas or relating solely to an enactment having substantially the same effect as an enactment which had previously been the subject of a suspensory provision so contained and confirmed as aforesaid.
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