Committee Reports > List of Committees > Seanad > 1971 > Select Committee on Statutory Instruments (appointed 10th December 1969) > Report No. 02 (1971) - Statutory Instruments [6]

APPENDIX IV.

Customs-free Airport (Extension of Laws) (No. 3) Regulations, 1969

(S.I. No. 127 of 1969)

An Rúnaí,

An Roinn Iompair agus Cumhachta.

I am directed by the Select Committee on Statutory Instruments to state that it has been considering the Customs-free Airport (Extension of Laws) (No. 3) Regulations, 1969. The Committee notes that the regulations were made by the Minister for Transport and Power on 1st July, 1969 and consented to by the Minister for Finance on 3rd July, 1969. As the date of commencement is not indicated in the instrument itself, the Committee wishes to obtain the observations of your Department in regard to the date on which the regulations became effective. In this connection I am to direct your attention to Reports of previous Select Committees on Statutory Instruments, viz. paragraph 12 of First Report (T. 152—Pr. 3001), paragraph 11 of Second Report (T. 154—Pr. 3864) and paragraph 9 of the Fourth Report (T.218—Prl. 778).

C. P. Ó BRIAIN,

Cléireach an Roghchoiste.

29 Eanáir, 1970.

An Cléireach,

An Roghchoiste um Ionstraimí Reachtúla.

I am directed by the Minister for Transport and Power to refer further to your minute of 29 Eanáir, 1970 requesting the observations of this Department as to the date on which the Customs-free Airport (Extension of Laws) (No. 3) Regulations, 1969 (S.I. No. 127 of 1969) became effective.

The Attorney General who has been consulted in the matter has indicated that this would appear to be an instance in which Section 9 (2) of the Interpretation Act, 1937 (No. 38 of 1937) did not apply so as to deem the instrument to be in operation as from 1st July, 1969, since a contrary intention was indicated by the dating of and giving of the endorsed consent as of 3rd July, 1969.

The Attorney General has expressed the opinion that the true position would appear to be that though made on 1st July, 1969, the instrument did not become operative until the necessary consent had been given. The instrument then operated from 3rd July, 1969.

The Attorney General, therefore, considers that the proper way to resolve any doubt which might arise would be to regard the regulations as operative from the later date. This position is fully acceptable to the Minister.

20 Bealtaine, 1970.