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42 1937

HOUSING AND LABOURERS ACT, 1937

PART II.

Amendment and Extension of the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1936.

Definitions for purposes of Part II.

2. —In this Part of this Act—

the expression “the Principal Act” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932);

the expression “the Minister” “urban area” and “urban authority” and the words “person” “house” and “erected” have the same meanings as they respectively have in Part II of the Principal Act.

Amendment of sub-section (1) of section 5 of the Principal Act.

3. —Sub-section (1) of section 5 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—

(a) by the insertion in paragraph (b) of the said sub-section (1) of the following sub-paragraph, in lieu of sub-paragraph (iv) now (by virtue of paragraph (b) of section 2 of the Housing (Financial and Miscellaneous Provisions) (Amendment) Act, 1934 (No. 30 of 1934) ) contained in the said paragraph (b), that is to say:—

“(iv) forty-five pounds, if the erection of such house shall have been commenced on or after the 12th day of May, 1932, but before the 1st day of January, 1937, and shall have been completed before the 1st day of April, 1938;”

(b) the reference to the 1st day of April, 1935, contained in each of the paragraphs (c) (d) (e) (f) (g) (h) and (i) of the said sub-section (1) shall be construed as a reference to the 1st day of April, 1939;

(c) the reference to the 1st day of April, 1938, set out in paragraph (b) of sub-section (1) of section 2 of the Housing Act, 1936 (No. 27 of 1936) shall be construed in all cases as a reference to the 1st day of October, 1938;

(d) by the substitution in sub-paragraph (ii) of paragraph (i) of the said sub-section (1) of the figures “800” for the figures “750” now contained in the said sub-paragraph (ii);

(e) by the insertion in paragraph (j) of the said sub-section (1) of the words and figures “before the 1st day of April, 1939” after the words “in respect of any house acquired” and after the words “repairing such house” now contained in the said paragraph (j).

Further restrictions on grants under section 5 of the Principal Act.

4. —In addition to the restrictions imposed by sub-section (3) of section 5 of the Principal Act the Minister shall not make a grant under section 5 of the Principal Act, as amended by any subsequent enactment (including this Act), in respect of—

(a) a house which is erected on or on any part of the site of a building in respect of the destruction of which—

(i) compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or

(ii) payment has been made on foot of an award made by the Compensation (Ireland) Commission; or

(b) a reconstructed house where, in respect of damage to the building before reconstruction—

(i) compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or

(ii) payment has been made on foot of an award made by the Compensation (Ireland) Commission; or

(c) a house in respect of which a grant was made under the Housing (Gaeltacht) Acts, 1929 and 1934; or

(d) a house in respect of which a grant was made under the Principal Act, as amended by any subsequent enactment (including this Act).

Grants by Minister and urban authorities in respect of certain works executed on houses in urban areas.

5. —(1) Where after the passing of this Act a notice has been served under section 19 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), by an urban authority on a person having control of a house in an urban area and such person has executed on such house the works specified in such notice, then, subject to the provisions of this section:—

(a) the Minister may, with the consent of the Minister for Finance and subject to the prescribed regulations, make, out of moneys provided by the Oireachtas, to such person a grant in respect of such works, and

(b) such urban authority may also make to such person a grant in respect of such works.

(2) No grant made under this section by the Minister or an urban authority in respect of any works executed on a house shall exceed whichever of the following amounts is the smaller, that is to say:—

(a) £40 for each separate dwelling forming part of such house after the execution of such works,

(b) one quarter of the cost of such works.

(3) The Minister shall not make under this section a grant in respect of works executed on a house to which this section applies where it is shown to his satisfaction that throughout such execution rates of wages have not been paid or conditions of labour observed at least as advantageous to the persons employed on such execution as the appropriate rates of wages or conditions of labour generally recognised by trade unions at the commencement of such works.

(4) No grant shall be made under this section in respect of works executed on a house situate in a county borough or in the borough of Dun Laoghaire unless the Minister and the urban authority agree to make grants of equal amount in respect of such works.

(5) An urban authority shall not make a grant under this section in respect of works executed on a house situate in an urban area (other than a county borough or the borough of Dun Laoghaire), unless the Minister also makes in respect of such works a grant of an equal or greater amount.

(6) Sub-section (3) of section 5 of the Principal Act and the immediately preceding section of this Act shall apply in respect of grants by the Minister under this section in like manner as if such grants were grants under section 5 of the Principal Act as amended by any subsequent enactment (including this Act).

(7) For the purposes of this section an urban authority shall have the like powers of raising expenses and of borrowing money as are conferred on them by Part III of the Housing of the Working Classes Act, 1890, as amended by any subsequent enactments.

(8) Where the Minister makes a grant under this section to any person in respect of works executed on a house, the following provisions shall apply and have effect, that is to say:—

(a) the Minister may require such person as a condition of receiving a grant to enter into any undertaking which seems proper to the Minister in respect of the maximum rent to be charged by such person for such house or for any separate dwelling forming part of such house after the execution of such works;

(b) where such undertaking is so entered into, no rent shall be payable by the tenant of such house or such separate dwelling which is greater than the maximum rent permitted by such undertaking;

(c) the Minister may require such person as a condition of his receiving a grant to enter into any undertaking which seems proper to the Minister in respect of the rates of wages to be paid or the conditions of labour to be observed in the execution of such works.

(9) The Minister may make regulations providing for any matter or thing which under this section is to be provided for by the prescribed regulations.

Limit of grants under section 5 of the Principal Act and this Act.

6. —The aggregate amount of grants to be made by the Minister under section 5 of the Principal Act, as amended by any subsequent enactment (including this Act) and under the immediately preceding section of this Act shall not exceed the sum of three million five hundred thousand pounds.

Amendment of Section 8 of the Principal Act.

7. Section 8 of the Principal Act is hereby amended by the insertion of the following sub-section at the end of the said section, that is to say:—

“(4) The Minister may, as a condition of his making a grant to any person or public utility society in respect of the erection of a house to which in his opinion this section applies require such person or public utility society (as the case may be) to enter into any undertaking which seems proper to the Minister as to the rates of wages to be paid or the conditions of labour to be observed in such erection.”

Enforcement of undertaking.

8. —Where the Minister has, whether before or after the passing of this Act, paid to any person or public utility society under section 5 of the Principal Act or this Act, any grant or instalment of a grant and as a condition to his receiving such grant such person or public utility society (as the case may be) has given any undertaking to the Minister and such undertaking has not been complied with the following provisions shall have effect that is to say:—

(1) such person or public utility society (as the case may be) shall be liable to repay to the Minister the amount of such grant;

(2) such amount may be recovered from such person or public utility society (as the case may be) as a civil debt in any court of competent jurisdiction.

Repeals.

9. —The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.