Statutory Instruments Act, 1947

JurisdictionIreland
CitationIR No. 44/1947
Year1947


Number 44 of 1947.


STATUTORY INSTRUMENTS ACT, 1947.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Statutory instruments to which this Act primarily applies.

3.

Printing, notice of making, etc., of statutory instruments to which this Act primarily applies and supplementary provisions.

4.

Numbering statutory instruments.

5.

Citation of statutory instruments.

6.

Repeals.

7.

Short title and commencement.


Number 44 of 1947.


STATUTORY INSTRUMENTS ACT, 1947.


AN ACT TO PROVIDE FOR AND REGULATE THE PRINTING, NOTICE OF MAKING, NUMBERING AND MODE OF CITATION OF ORDERS, REGULATIONS, RULES, SCHEMES AND BYE-LAWS MADE UNDER STATUTORY AUTHORITY, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [20th December, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—(1) In this Act—

the word “statute” means any statute being—

(a) a pre-union Irish statute, or

(b) a British statute, or

(c) a Saorstát Éireann statute, or

(d) an Act of the Oireachtas (whether passed before or after this Act);

the expression “statutory instrument” means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute.

(2) References in this Act to a statute shall, if that statute has been adapted by or under any enactment, be construed as references to that statute as so adapted.

Statutory instruments to which this Act primarily applies.

2.—(1) This Act primarily applies to every statutory instrument which-—

(a) is made on or after the 1st day of January, 1948, and

(b) is made by any of the following authorities, namely:—

(i) the President,

(ii) the Government,

(iii) any member of the Government,

(iv) any Parliamentary Secretary,

(v) any person or body, whether corporate or unincorporate, exercising throughout the State any function of government, or discharging throughout the State any public duties in relation to public administration,

(vi) any authority having for the time being power to make rules of court, and

(c) is either—

(i) required by statute to be laid before both or either of the Houses of the Oireachtas, or

(ii) is of such a character as affects the public generally or any particular class or classes of the public, and

(d) is not a statutory instrument which is required by a statute to be published in the Iris Oifigiúil.

(2) (a) If the Attorney-General certifies in writing that, in his opinion, a particular person or body is an authority of the class mentioned in subparagraph (v) of paragraph (b) of subsection (1) of this section, such person or body shall be deemed, for the purposes of the said subsection (1) to be an authority of that class.

(b) If the Attorney-General certifies, in writing that, in his opinion, statutory instruments of a particular class (defined in such manner and by reference to such things as the Attorney-General thinks proper) are of the character described in subparagraph (ii) of paragraph (c) of subsection (1) of this section, such statutory instruments shall be deemed, for the purposes of the said subsection (1), to be statutory instruments of that character.

(3) Whenever—

(i) it is proposed to make a particular statutory instrument which, if made, would be, by virtue of subsection (1) of this section, a statutory instrument to which this Act primarily applies, and

(ii) the Attorney General is of opinion that, by reason of its merely local or personal application or its temporary operation or its limited application or for any other reason, the said statutory instrument, if made, should be exempted from the operation of subsection (1) of section 3 of this Act,

the Attorney General may direct that the said instrument, if made, shall be so exempted, and in that case, the said statutory instrument, if made, shall not be a statutory instrument to which this Act primarily applies.

(4) Whenever the Attorney General is of opinion that statutory instruments (being statutory instruments to which this Act primarily applies by virtue of subsection (1) of this section) of a particular class (defined in such manner and by reference to such things as the Attorney General thinks proper) should, because of their merely local or personal application or their temporary operation or their limited application or for any other reason, be exempted from the operation of subsection (1) of section 3 of this Act, he may direct that all statutory instruments of that class shall be so...

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