Local Government (Roads Functions) Act 2007

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Amendment of Roads Act 1920.

2.— (1) Section 12 of the Roads Act 1920 is amended—

(a) in subsection (1)—

(i) by substituting “Other than as provided for by subsection (1A), the Minister may make regulations” for “The Minister may make regulations”,

(ii) by deleting paragraph (d),

(iii) by substituting the following for paragraph (e):

“(e) providing for the issue of new licences in place of any licences which may have been lost or destroyed, and (having regard to all the costs involved in so providing) for the fee to be paid on the issue of a new licence; and”,

(b) by inserting the following after subsection (1):

“(1A) For the purposes of registration certificates, the Minister for Transport may make regulations—

(a) requiring any person—

(i) buying or selling, or otherwise acquiring or disposing of, a vehicle,

(ii) altering or destroying a vehicle, or

(iii) permanently removing a vehicle from the State or, having otherwise removed it from the State, who intends not to have it normally kept within the State,

to furnish the prescribed particulars in the prescribed manner,

(b) providing for—

(i) the issue of a registration certificate in respect of any vehicle,

(ii) where a registration certificate has been lost or destroyed, the issue of a replacement and (having regard to all the costs involved in so providing) the fee to be paid on the issue of a new registration certificate,

(iii) the inspection by prescribed persons of any registration certificate so issued,

(iv) the surrender and production of any registration certificate so issued.”,

(c) by substituting the following for subsection (2):

“(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within 21 days of the day on which that House has sat after the regulation is laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under them.”,

and

(d) in subsection (3), by deleting “by the Minister”.

(2) Section 17 of the Roads Act 1920 is amended—

(a) by substituting the following for the definition of “the Minister” (as construed by reference to section 1(iv) of, and the Third Part of the Schedule to, the Ministers and Secretaries Act 1924 ):

“The expression ‘ the Minister ’ means the Minister for the Environment, Heritage and Local Government;”,

and

(b) by inserting the following after the definition of “ prescribed ”:

“The expression ‘ registration certificate ’ means a certificate of registration issued under subsection (5) (inserted by the Finance Act 2003 ) of section 131 of the Finance Act 1992 and, where the context admits, includes a registration book, a vehicle registration certificate and a vehicle licensing certificate duly issued in respect of a vehicle registered in the State before 28 May 2004;”.

(3) Regulations made in whole or in part under section 12 of the Roads Act 1920 which—

(a) relate to matters in respect of which regulations could be made by the Minister for Transport under section 12(1A) of that Act (inserted by subsection (1)(b)), and

(b) are in force immediately before or upon coming into operation of the Local Government (Roads Functions) Act 2007,

continue in force and may be amended or revoked in respect of those matters by the Minister for Transport.