Dublin Transport Authority Act, 1986
Supplemental provisions relating to certain bye-laws. |
50.—(1) A bye-law made by the Authority under section 31 , 36 , 40 or 41 or under section 84, 89, 90 or 97 of the Act of 1961 which is required to be made with the consent of the Minister for the Environment shall be submitted to that Minister, in such manner as he requires, for his approval. | |
(2) Where a bye-law is submitted to the Minister for the Environment under subsection (1) that Minister shall (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 so modified. | ||
(3) A bye-law approved of by the Minister for the Environment under this section shall be published in such manner as that Minister shall require but no such bye-law shall be of any force or effect unless or until it has been submitted to and approved of by that Minister and published in accordance with this section. | ||
(4) (a) The Authority shall consult with the Commissioner of the Garda Síochána before submitting to the Minister for the Environment under this section a bye-law made by it under section 89 or 90 of the Act of 1961 and the said Commissioner shall submit to the Authority any observations in the matter within two months of the consultation. | ||
(b) The Authority shall when it submits a bye-law to the Minister for the Environment under this section give to the said Commissioner and the local authority concerned notice of the submission and that Minister shall consider any representations made to him by the said Commissioner or local authority in respect of the bye-law. | ||
(c) The Minister for the Environment 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 to the said Commissioner and local authority. | ||
(5) (a) It shall not be necessary for the Authority to consult with the local authority concerned in relation to any bye-law proposed to be made by the Authority under section 31 , 36 or 40 or under section 84, 89, 90 or 97 of the Act of 1961. | ||
(b) It shall be necessary for the Authority to consult with the local authority concerned before any controls, restrictions or prohibitions provided in bye-laws under section 84, 89 or 90 of the Act of 1961 are applied and any representations which the local authority wishes to make in the matter shall be submitted to the Authority within two months of the consultation. | ||
(6) The making of representations by a local authority pursuant to subsection (4) or (5) shall— | ||
(i) 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 1972, and | ||
(ii) 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. |