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Dáil Éireann debate -
Wednesday, 19 May 1999

Vol. 505 No. 1

Written Answers. - Implementation of Acts.

Ruairí Quinn

Question:

63 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the Acts and provisions of Acts not in force by reason of the fact that a commencement order has not been made; if such an order will be made; if so, when it will be made; and if she will make a statement on the matter. [13239/99]

The following is a list of the sections of Acts relevant to my Department which have not yet been brought into force:

Companies Act, 1963 – section 195(8), as inserted by section 51 of the Companies Act, 1990.

Following enactment of this particular 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. Section 47(a) of the Companies (Amendment) (No. 2) Bill proposes the repeal, without commencement of the above subsection. – Section 47(b) and 48 provides for alternative mechanisms.

Companies Act, 1990 – sections 248 and 249

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.
Companies (Amendment) (No. 3) Act, 1999
Work is in hand in relation to the preparation of a commencement order for the Companies (Amendment) (No. 3) Act, which was recently passed by both Houses of the Oireachtas and is awaiting signature by the President.
Credit Union Act, 1997 – sections 46, 47, 48, 49, 50, 51, 52, 68 (1)(c), 120(5), and 122(f).
It is not proposed to commence section 68 (1) (c), section 120 (5), and section 122 (f) at present. Section 46 to 52 are the subject of ongoing correspondence between the Registrar and the credit union movement. Commencement of these sections had been scheduled for October 1999 and this date is now under review.
Industrial Development (Enterprise Ireland) Act 1998: sections 18, 19, 20, 36, 37, 38 and 50.
A number of factors remain to be considered before a final decision is made on the timing and commencement of these sections.
Carriage of Dangerous Goods by Road Act, 1998
The Carriage of Dangerous Goods by Road Act, 1998, which was sponsored by the Minister for Public Enterprise, was signed into law by the President on 2 December 1998. Detailed regulations, which are necessary to give operational effect to the provisions of the Act, are currently being prepared by the Health and Safety Authority in co-operation with my Department and in consultation with all relevant and interested parties. The regulations are complex and involve roles and responsibilities for a number of Departments and other public bodies in order to ensure their adequate implementation and enforcement. The preparatory work is well advanced and as soon as the regulations are finalised the necessary order to bring the Act into operation will be made.
Section 54(3) of the Consumer Credit Act, 1995
The Consumer Credit Act, 1995 (Commencement) Order, 1996 (S.I. No. 121 of 1996) brought the Consumer Credit Act, 1995 (No. 24 of 1995) into force, other than section 54(3) of the Act, which was not implemented because of the possible implications of the provision for other legislation, notably the Companies Act, 1963-90. The question of repealing section 54(3) is being considered as part of the ongoing review of the Consumer Credit Act.
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