Committee Reports > List of Committees > Seanad > 1958 > Select Committee on Statutory Instruments > Report No. 01 (1958) - Statutory Instruments [20]

APPENDIX X.

Lighting of Vehicles (Amendment) Regulations, 1956 (S.I. No. 334 of 1956). Large Public Service Vehicles (Amendment) Regulations, 1957 (S. I. No. 5 of 1957).

Rínaí,

Roinn Rialtais Aitiúil.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Lighting of Vehicles (Amendment) Regulations, 1956 [S.I. No. 334 of 1956] and the Large Public Service Vehicles (Amendment) Regulations, 1957 [S.I. No. 5 of 1957] which were made under the Road Traffic Act, 1933 [No. 11 of 1933] and presented to Seanad Éireann pursuant to Sections 163(2) and 4(3) of that Act, respectively.

The Committee notes that the general practice in drafting instruments under statutes enacted prior to the coming into operation of the Constitution of Ireland in 1937 is to insert a specific application of the Interpretation Act, 1937, as follows:—

“The Interpretation Act, 1937 (No. 38 of 1937) applies to these Regulations.”

No such article appears in the Regulations under consideration and the Committee would be glad to be furnished with a memorandum indicating the reason for the omission.

As the Committee wishes to consider this matter at its next meeting the favour of a reply by the 6th January, 1958, is requested.

Cléireach an Rogha-Choiste.

7 Nollaig, 1957.

Cléireach,

Rogha-Choiste um Ionstraimí Reachtúla,

Seanad Éireann,

Baile Atha Cliath.

I am directed by the Minister for Local Government to refer to your minute of 7th ultimo regarding the omission of a reference to the Interpretation Act, 1937 in the following regulations, viz.:—

The Lighting of Vehicles (Amendment) Regulations, 1956 and the Large Public Service Vehicles (Amendment) Regulations, 1957.

It has not been the practice to insert such a reference in a regulation which amends and is construed as one with a pre-1937 regulation. The matter has been further considered and in future such a reference will be included in such instruments.

3rd January, 1958.

Urban District of Ceanannus Mór (Alteration of Boundary) Order, 1957 (S.I. No. 35 of 1957). Urban District of Enniscorthy (Alteration of Boundary) Order, 1957 (S.I. No. 36 of 1957).

Rúnaí,

Roinn Rialtais Aitiúil.

The Select Committee on Statutory Instruments has had under consideration the Urban District of Ceanannus Mór (Alteration of Boundary) Order, 1957 [S.I. No. 35 of 1957] and the Urban District of Enniscorthy (Alteration of Boundary) Order, 1957 [S.I. No. 36 of 1957].

The Committee note that the usual article specifically applying the Interpretation Act, 1937, which is generally included in instruments made under pre-constitution statutes, does not appear in either of the above-mentioned orders. The Committee is assuming that, inasmuch as the orders were made partly under the authority of the Local Authorities (Miscellaneous Provisions) Act, 1936, the Interpretation Act, 1889 does not, by virtue of section 18(2) of the Interpretation Act, 1923, apply to these orders. It would like to be informed, therefore, whether there was any specific reason for the omission referred to and would be glad to receive a memorandum on the point.

As the Committee wishes to consider this matter at its next meeting a reply by 31st October, 1957 will be appreciated.

Cléireach an Rogha-Choiste.

29 Meán Fómhair, 1957.

Cléireach,

Rogha-Choiste um Ionstraimí Reachtúla,

Seanad Éireann,

Baile Átha Cliath.

I am directed by the Minister for Local Government to refer to your minute of 29 Meán Fómhair relating to S.I. No. 35 of 1957 and S.I. No. 36 of 1957 and to state that a Boundary Order extending the boundary of an urban district is made by the County Council concerned. The Order must be confirmed by the Minister who has power to modify it. The practice has been not to include a reference to the Interpretation Act, 1937, in the Minister’s confirming order. The reason for this omission is not clear but it is assumed to be that the effect of the application of the Act to the Boundary Order might not be appreciated by the local authorities concerned. The matter has been further considered in connection with a proposed extension of an urban area now under consideration and in that case it is being suggested to the county council concerned that an article applying the Interpretation Act, 1937, should be included in any Order made by them. In any case the Minister’s Order will in future, include an article applying the Interpretation Act even if the Boundary Order does not contain such a provision.

30 Deire Fómhair, 1957.