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3 1948



Preliminary and General.

Short title, construction and collective citation.

1. —(1) This Act may be cited as the Local Government (Sanitary Services) Act, 1948.

(2) This Act shall be construed as one with the Public Health Acts, 1878 to 1931.

(3) The Public Health Acts, 1878 to 1931, and this Act may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 1948.


2. —(1) In this Act—

the expression “the Act of 1878” means the Public Health (Ireland) Act, 1878;

the expression “the Acts” means the Local Government (Sanitary Services) Acts, 1878 to 1948.

the word “enactment” includes any instrument made under an Act;

the expression “the Minister” means the Minister for Local Government;

the expression “temporary dwelling” means any—

(a) tent, or

(b) van or other conveyance (whether on wheels or not), or

(c) shed, hut or similar structure, or

(d) vessel on inland waters,

used for human habitation or constructed or adapted for such use;

the word “vessel” includes any ship, boat, barge or lighter.

(2) A reference in this Act to contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.


3. —This Act (except section 34) shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.


4. —The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Application of sections 219 to 223 of Act of 1878.

5. —Sections 219 to 223 of the Act of 1878 shall apply in relation to bye-laws made under this Act.

Continuation of existing regulations and bye-laws.

6. —Every regulation or bye-law which was made under an enactment repealed by this Act and which was in force immediately before such repeal shall, upon and after such repeal, be deemed to be a regulation or bye-law (as the case may be) made under the appropriate section of this Act and shall have effect and be capable of being amended or revoked accordingly.

Laying of regulations before Houses of Oireachtas.

7. —Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but with out prejudice to the validity of anything previously done thereunder.

Revocation or amendment of order made by the Minister under this Act.

8. —Every power conferred by this Act on the Minister to make any order shall be construed as including a power to revoke or amend any order made under such power and to make another order in lieu of any order so revoked.

Expenses of the Minister.

9. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.