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SWIMMING POOLS ACT 1992 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
This Act
Swimming Pools Amendment Act 2009
Swimming Pools Amendment Act 2012
(2) Such a provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2 - Provisions consequent on the enactment of the Swimming Pools Act 1992

2 Definition

In this Part--

"the repealed Act" means the Swimming Pools Act 1990 .

6 Exemptions

(1) An exemption granted under section 14 of the repealed Act is taken to be an exemption granted under section 22 of this Act.
(2) A decision refusing to grant an exemption under section 14 of the repealed Act is taken to be a decision refusing to grant an exemption under section 22 of this Act.
(3) A decision to impose a condition on an exemption under section 14 of the repealed Act is taken to be a decision to impose a condition on an exemption under section 22 of this Act.

7 Certificates of compliance

(1) A certificate of compliance issued under section 15 of the repealed Act is taken to be a certificate of compliance issued under section 24 of this Act.
(2) A decision refusing to issue a certificate of compliance under section 15 of the repealed Act is taken to be a decision refusing to issue a certificate of compliance under section 24 of this Act.

8 Inspectors

(1) An inspector appointed under section 17 of the repealed Act is taken to be an inspector appointed under section 27 of this Act.
(2) A certificate of identification issued under section 17 of the repealed Act is taken to be a certificate of identification issued under section 27 of this Act.

Part 3 - Provisions consequent on the enactment of the Swimming Pools Amendment Act 2009

15 Authorised officers

A person who was an inspector in respect of a local authority immediately before the commencement of Schedule 1 [19[#93] to the Swimming Pools Amendment Act 2009 is, on that commencement, taken to have been appointed as an authorised officer by the local authority in accordance with section 27 of the Act.

16 Abolition of Pool Fencing Advisory Committee

(1) The Pool Fencing Advisory Committee is abolished.
(2) Any person holding office as a member of that Committee immediately before its abolition--
(a) ceases to hold office, and
(b) is not entitled to any compensation because of the loss of that office.

Part 4 - Provisions consequent on the enactment of the Swimming Pools Amendment Act 2012

17 Definition

In this Part--

"amending Act" means the Swimming Pools Amendment Act 2012 .

18 Existing certificates of compliance

(1) A certificate of compliance issued under section 24 before the repeal of that section by the amending Act is taken to be a certificate of compliance issued under section 22D and remains valid for a period of 3 years from the date on which it was issued or until 6 months after the date of assent to the amending Act (whichever is the later).
(2) A certificate of compliance ceases to be valid if a direction is issued under section 23 in respect of the swimming pool to which the certificate relates.

19 Registration of swimming pools

The owner of premises on which a swimming pool is situated is not required to comply with section 30B until 12 months after the date of assent to the amending Act.

20 Local authority not required to inspect pools

A local authority is not required to carry out an inspection under section 22C (3) until 18 months after the date of assent to the amending Act.



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