LegalizeS.I. No. 285/1983 - Local Government (Planning and Development) (An Bord Pleanála) Regulations, 1983
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 1994-04-14, S.I. No. 86/1994 - Local Government (Planning and Development) Regulations, 1994
The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963) and by section 5(9) and section 7 of the Local Government (Planning and Development) Act, 1983 (No. 28 of 1983), hereby makes the following Regulations:—
PART I *Preliminary and General*
1.
(1) These Regulations may be cited as the Local Government (Planning and Development) (An Bord Pleanála) Regulations, 1983.
- (2) The collective citation "the Local Government (Planning and Development) Regulations, 1977 to 1983" shall include these Regulations.
2.
(1) In these Regulations, any reference to an article which is not otherwise identified is a reference to an article of these Regulations.
- (2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
- (3) In these Regulations:—
"the Act of 1983" means the Local Government (Planning and Development) Act, 1983 ;
"chairman" means the chairman of An Bord Pleanála;
"the committee" means the committee referred to in section 5 of the Act of 1983;
"the Minister" means the Minister for the Environment.
PART II *Chairman*
3.
(1) Whenever a request is made to the committee under section 5 (7) of the Act of 1983 for the selection of candidates for appointment to be the chairman—
( a ) the committee shall meet on a day and at a time and place determined by the President of the High Court who shall cause to be communicated to the other members of the committee the day, time and place of the meeting, and
( b ) the committee shall, before selecting candidates for appointment to the office of chairman pursuant to the request, cause an advertisement to be published inviting applications for appointment to such office.
- (2) An advertisement published pursuant to paragraph (b) shall specify a period of not less than twenty-one days for the making of applications and any application which is not received by the committee within the period so specified shall be invalid.
4.
Applications shall include a curriculum vitae and particulars of the special knowledge and experience and other qualifications and personal qualities which the applicant considers relevant to the application.
5.
Where the committee receive an application they may require the applicant to submit within a period of not more than twenty-one days such further particulars as they may require (including any evidence which the committee may reasonably require to verify any particulars given by the applicant in or in relation to his application).
6.
(1) Where the committee consider it necessary for the purposes of selecting candidates they may, subject to sub-article (2), invite applicants to attend for interview.
- (2) Where the committee decide to invite applicants to attend for interview pursuant to sub-article (1), the committee may in their absolute discretion, having examined the information contained in the applications in the context of the matters referred to in section 5(7)(b) of the Act of 1983, invite to attend for interview only those applicants who appear to them to be likely to be suitable to be considered for selection as candidates for appointment to the office of chairman.
7.
Applicants who do not attend for interview or who do not furnish such particulars or evidence as may be requested pursuant to article 5 shall not be entitled to further consideration by the committee for selection as candidates for appointment to the office of chairman.
8.
(1) The committee shall hold such meetings as may be necessary for the performance of its functions.
- (2) The quorum for a meeting of the committee shall be four.
- (3) The President of the High Court shall preside at meetings of the committee at which he is present.
- (4) If the President of the High Court is not present at a meeting of the committee, a member of the committee selected by the committee shall preside at the meeting.
- (5) Every question at a meeting of the committee shall be determined by a majority of votes of the members present.
9.
Subject to the provisions of article 8 the committee shall regulate its own procedure.
10.
An officer of the Minister designated by the Secretary of the Department of the Environment shall act as secretary to the committee.
PART III *Ordinary Members.*
11.
The prescribed organisations for the purposes of section 7 (2) (a) of the Act of 1983 shall be—
( a ) The Irish Planning Institute Limited,
( b ) The Royal Town Planning Institute, Irish Branch — Southern Section,
( c ) The Institution of Engineers of Ireland,
( d ) The Society of Chartered Surveyors in the Republic of Ireland, and
( e ) The Royal Institute of the Architects of Ireland.
12.
The prescribed organisations for the purposes of section 7 (2) (b) of the Act of 1983 shall be—
( a ) An Taisce — the National Trust for Ireland,
( b ) Bord Fáilte Éireann,
( c ) The Heritage Trust,
( d ) The Royal Irish Academy, and
( e ) The County and City Managers' Association.
13.
The prescribed organisations for the purposes of section 7 (2) (c) of the Act of 1983 shall be—
( a ) The Construction Industry Federation,
( b ) The Irish Congress of Trade Unions,
( c ) The Industrial Development Authority,
( d ) The Confederation of Irish Industry, and
( e ) The Association of Chambers of Commerce of Ireland.
14.
The prescribed organisations for the purposes of section 7 (2) (d ) of the Act of 1983 shall be—
( a ) Aontacht Cumann Riartha Áitreabhthoirí (A.C.R.A.).
( b ) The National Association of Tenants' Organisations,
( c ) The National Youth Council of Ireland,
( d ) The Irish Farmers' Association,
( e ) The Irish Creamery Milk Suppliers' Association,
( f ) The Irish Countrywomen's Association, and
( g ) The Council for the Status of Women.
15.
Where a request is made to a prescribed organisation pursuant to section 7 (3) of the Act of 1983 the organisation shall, before the expiration of two months commencing on the day on which the request is made, inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment and shall send to the Minister a curriculum vitae in relation to each candidate together with a written consent of each candidate to his selection in accordance with the request.
16.
Where a request is made to a prescribed organisation pursuant to section 7 (3) of the Act of 1983 the organisation shall select two candidates for appointment as ordinary members of An Bord Pleanála.
GIVEN under the Official Seal of the Minister for the Environment this 6th day of October 1983.
DICK SPRING,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations set out the procedures to be adopted by the committee which has been established to select candidates for appointment to be the chairman of An Bord Pleanála and deal with related matters.
These Regulations also prescribe various organisations to select candidates for appointment as ordinary members of An Bord Pleanála and deal with related matters.
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