Casual Trading Act, 1995
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Powers of local authorities in relation to market rights owned by them. |
8.—(1) A local authority may carry on, manage and regulate a market or fair to which a market right owned by it relates as if it were a market established by it under the Public Health (Ireland) Act, 1878 , and shall have all such powers as may be necessary for those purposes. | |
(2) A local authority may by order extinguish a market right owned by it. | ||
(3) (a) A local authority shall not extinguish a market right under this section unless it provides, or has already provided, alternative facilities in the same vicinity as the market or fair to which the right relates and comprising or including facilities reasonably corresponding in all respects, having regard to all the circumstances, to the market or fair. | ||
(b) Where a local authority acquires a market right compulsorily under this Act, it shall not discontinue the holding of the market or fair to which it relates unless it provides, or has already provided, alternative facilities in the same vicinity as the market or fair to which the right relates and comprising or including facilities reasonably corresponding in all respects, having regard to all the circumstances, to the market or fair. | ||
(4) (a) Whenever a local authority proposes to extinguish a market right under this section the local authority shall— | ||
(i) give notice in writing of the proposal to any person appearing to the authority to have an interest in the right, and | ||
(ii) publish notice of the proposal in at least two newspapers circulating in the area in which the market or fair to which the right relates is held. | ||
(b) Notices under this subsection shall include particulars of the facilities proposed to be provided or already provided by the local authority in the place of the market or fair to which the right proposed to be extinguished relates. | ||
(c) A notice under this subsection may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address. | ||
(5) (a) A person who is aggrieved by a proposal of a local authority to extinguish a market right may, within a period of 21 days beginning on the date of compliance by the local authority concerned with subsection (4) (a) (ii) in relation to the right, appeal to the District Court against the extinguishment and that Court may, on the hearing of the appeal, if it is of opinion that the extinguishment would, notwithstanding the alternative facilities to be provided or already provided by the local authority and having regard to all the circumstances, constitute an undue interference with the facilities enjoyed by the public in relation to the market right, prohibit the proposed extinguishment or authorise the extinguishment 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. | ||
(6) A local authority shall not proceed with a proposal to extinguish a market right under this section before the expiry of 30 days from the date of compliance by the local authority concerned with subsection (4) (a) (ii) in relation to the right or, if an appeal is brought against the proposal, before the final determination of the appeal. | ||
(7) The extinguishment of a market right under this section shall be a reserved function. | ||
(8) A local authority may do any act or thing which may be necessary or incidental to the doing of anything which the local authority is authorised by the other provisions of this section and of sections 6 and 7 to do. |