Casual Trading Act, 1995
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Bye-laws. |
6.—(1) A local authority shall, as soon as may be after the commencement of this Act, make bye-laws in relation to the control, regulation, supervision and administration of casual trading in its functional area. | |
(2) Without prejudice to the generality of subsection (1), bye-laws under this section may make provision in relation to one or more of the following matters: | ||
(a) the designation of— | ||
(i) any land (including a public road, other than a motorway or a busway within the meaning in each case of the Roads Act, 1993 ) in its functional area to which the public have access as of right or any land occupied by and in the functional area of the authority, or | ||
(ii) with the consent of another local authority, any land (including a public road, other than a motorway or a busway within the meaning in each case of the Roads Act, 1993 ) in the functional area of that other authority or any land occupied by and in the functional area of that authority, | ||
as a place where casual trading may be carried on (in this Act referred to as “a casual trading area”), | ||
(b) the specification of the maximum area that may be occupied in a casual trading area by a person engaged in casual trading, | ||
(c) the regulation of access to casual trading areas, | ||
(d) the fixing of fees in respect of casual trading licences including the fixing of different fees for different circumstances and for different classes of persons and the fixing of fees for some circumstances only or for all circumstances or for some classes of persons only or for all classes of persons, | ||
(e) the provision of trading places for disabled persons, | ||
(f) the enforcement of the bye-laws. | ||
(3) When deciding whether to designate any land as a casual trading area or to revoke a designation made in bye-laws under this section, a local authority shall have regard to the proper planning and development of its functional area (including the preservation and improvement of the amenities thereof), the development plan for its functional area and any special amenity order (within the meaning in each case of the Local Government (Planning and Development) Acts, 1963 to 1993) relating to its functional area, the traffic likely to be generated by the casual trading in the casual trading area and to all other matters that it considers relevant to its decision. | ||
(4) When making bye-laws under subsection (2) (d), a local authority may have regard to the facilities and services provided by it to persons engaged in casual trading. | ||
(5) Bye-laws under this section may contain such incidental, subsidiary and ancillary provisions as a local authority considers necessary or expedient for the purposes of the bye-laws. | ||
(6) Before making bye-laws under this section (other than bye-laws under subsection (2) (d)), a local authority shall— | ||
(a) publish notice of the proposed bye-laws in at least two newspapers circulating in the area to which the proposed bye-laws relate— | ||
(i) indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the proposed bye-laws may be inspected, and | ||
(ii) stating that the local authority will consider any submissions in relation to the proposed bye-laws which are submitted to the authority in writing by any person within 2 weeks after the end of the period referred to in subparagraph (i) of this paragraph. | ||
(7) A person may, within 2 weeks after the end of the period for inspection of the proposed bye-laws, make submissions in writing to the local authority in relation to proposed bye-laws and the local authority shall, before deciding whether to make the bye-laws, take into consideration any submissions duly made to it and not withdrawn. | ||
(8) (a) A person who is aggrieved by any proposed bye-laws (other than bye-laws under subsection (2) (d)) may, within a period of 21 days beginning on the date of compliance by the local authority concerned with subsection (6), appeal to the District Court against the proposed bye-laws and that Court may, on the hearing of the appeal, prohibit the proposed bye-laws or authorise them subject to such conditions (if any) as it may deem appropriate and specify. | ||
(b) Notice of an appeal under this subsection shall be given to the local authority concerned and an officer of the local authority shall be entitled to appear and be heard on the hearing of the appeal. | ||
(c) A party concerned may appeal to the Circuit Court from a decision of the District Court. | ||
(9) The making of bye-laws under this section shall be a reserved function. | ||
(10) As soon as may be after the making of bye-laws under this section, notice of their making and of the place where copies thereof may be purchased or inspected shall be published in Iris Oifigiúil and in at least two of the newspapers circulating in the area to which the bye-laws relate. | ||
(11) A local authority shall not proceed to make bye-laws relating to casual trading (other than bye-laws under subsection (2) (d)) before the expiry of 30 days from the date of compliance by the local authority concerned with subsection (6) in relation to the bye-laws and, if an appeal is brought against the proposed bye-laws, before the final determination of the appeal. | ||
(12) A person who contravenes a bye-law under this section shall be guilty of an offence. |