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Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - Implementation of Legislation.

Ruairí Quinn

Question:

157 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the Acts and provisions of Acts which are not in force due to the fact that a commencement order has not been made; whether an order will be made, if so, when this will occur; and if she will make a statement on the matter. [1076/98]

The following Acts or provisions of Acts were not in force as at 1 January, 1998 because a commencement order had not been made:

Act

Provison

Statement

Companies Act, 1963

Section 195 (8) (as inserted by Section 51 of the Companies Act, 1990)

This provision is not in force as a commencement order has not been made. Following enactment of this provision, it was realised that its commencement could give rise to situations where no particulars of directors would be recorded on company files in the Companies Registration Office, in respect of some registered companies. Examination of how this particularly difficult problem might be addressed is ongoing and pending the completion of same, it is not intended to bring the specific subsection into operation.

Companies Act, 1990

Section 248 and 249

These provisions are not in force as a commencement order has not been made. These sections deal with the delivery to the Registrar of Companies of documents in legible form, or in a form other than legible form, respectively. The particular sections make provision for the making of regulations. Until such time as the appropriate regulations are prepared, it is not proposed to commence these sections.

Credit Union Act 1997

Section 46-52Section 68 (1) (c)Section 120 (5)Section 122 (1) (f)

These provisions are not in force as a commencement order has not been made as yet. The rest of the Credit Union Act 1997 was brought into effect on 1 October, 1997 by the Credit Union Act (Commencement) Order 1997, SI No. 403 of 1997. It is proposed to make a second commencement order around 1 October, 1998 to bring a number of remaining sections into effect.

Dangerous Substances Act, 1972 as amended by section 1 of the Dangerous Substances (Amendment) Act, 1979

Sections 7(i) and 7(ii) and Part 2 – Sections 9-19

There are no plans at present to make a commencement order in relation to this provision.

The Organisation of Working Time Act, 1997 (Commencement) Order, 1997 provided for the coming into effect of the various provisions of the Organisation of Working Time Act, 1997 on a phased basis. In this context, the provisions across will come into effect from 1 March, 1998

Section 9 (in part)Sections 11 to 14 and 16Subsections (1), (3), (4) and (5) of section 15The Fourth Schedule (in part)Paragraph 1 and 2 of the Fifth Schedule

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