PART III.

Bye-laws as to Roads Crossing or Near Land Used for Military Purposes.

10. —In this Part—

the expression “authorised officer” means any person being—

(a) a member of the Garda Síochána, or

(b) a member of the Defence Forces authorised in that behalf by bye-laws;

the word “bye-laws” means bye-laws made under this Part.

11. —(1) The Minister may, in respect of any particular portion of a road which crosses or runs near to any land (other than the Curragh of Kildare) used for the purposes of the Defence Forces, make, with the consent of the road authority charged with the maintenance of that portion, bye-laws providing for the restriction, by such means as the Minister thinks proper and specifies in the bye-laws, of the use thereof.

(2) The consent of a road authority under this section shall—

(a) in case the road authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation,

(b) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942.

(3) In this section, the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946).

12. —Where the Minister makes any bye-laws he shall cause the bye-laws to be published in such manner as he deems necessary to make them known to all persons in the locality to which they relate and shall arrange for copies of such bye-laws being made available for purchase at such price (not exceeding one shilling for each copy) as he may fix.

13. —If any person contravenes any bye-law, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

14. —(1) If a person is on any particular portion of a road to which a bye-law relates in contravention of the bye-law—

(a) an authorised officer may order that person to leave that portion,

(b) if that person, on being so ordered, refuses or fails to leave that portion—

(i) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds, and

(ii) the authorised officer may either remove him from that portion by force or without warrant arrest him.

(2) Where an authorised officer (not being a member of the Garda Síochána) arrests a person under this section, he shall, as soon as may be, bring and deliver such person into the custody of a member of the Garda Síochána to be dealt with according to law.

15. —An authorised officer may remove or cause to be removed any vehicle, animal or other thing which is on any road to which a bye-law relates in contravention of the bye-law.

16. —If any person—

(a) obstructs or impedes an authorised officer in the lawful execution of his powers and duties as an authorised officer, whether under this Part or any bye-law, or

(b) assaults an authorised officer in the lawful execution of such powers and duties,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.