Number 21 of 1966.
HOUSING ACT, 1966
ARRANGEMENT OF SECTIONS
Preliminary And General
Section | |
Financial Provisions
Chapter I
Expenses under Act
Charging of expenses of housing authority who are county council. | |
Assistance of Certain Research, Training and Bodies
Housing Loans and Grants, etc.
Contributions by Minister to Certain Annual Loan Charges
Contributions by Minister to certain annual loan charges of housing authorities. | |
Payment by Minister in lieu of contributions to annual loan charges. | |
Chapter V
Displacement Allowances
Power of housing authority to make allowances to certain persons displaced. |
Chapter VI
Stamp Duties
Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949. |
Provision and Management of Dwellings
Overcrowded And Unfit Houses
Power of Circuit Court to determine lease of house in respect of which demolition order is made. | |
Action under section 65, 66 or 69 of Act not to prejudice other remedies. |
Acquisition of Land, etc.
Disposal of Land and Dwellings
Chapter I
Land
Chapter II
Certain Dwellings Provided under this Act
Power of housing authority to sell or lease certain dwellings provided under this Act. | |
Chapter III
Purchase of Certain Cottages under Act of 1936.
Chapter IV
Miscellaneous
Duty of housing authority to put certain cottages and dwellings into good structural condition. | |
Exercise and Default in Exercise of Functions under this Act
Exercise by housing authority of functions under this Act outside functional area. | |
Failure of housing authority as respects performance of functions under Act. |
Miscellaneous
Acts Referred to | |
Local Registration of Title (Ireland) Act, 1891 | 1891, c. 66 |
1936, No. 24 | |
1948, No. 1 | |
1952, No. 16 | |
1960, No. 40 | |
1962, No. 27 | |
1947, No. 28 | |
1960, No. 9 | |
1941, No. 23 | |
Registration of Deeds Act, 1707 | 1707, c. 2 |
1963, No. 33 | |
1934, No. 44 | |
1961, No. 20 | |
1962, No. 26 | |
1959, No. 16 | |
1929, No. 41 | |
1958, No. 27 | |
1954, No. 16 | |
1953, No. 6 | |
Acquisition of Land (Assessment of Compensation) Act, 1919 | 1919, c. 57 |
1960, No. 45 | |
1936, No. 45 | |
1963, No. 28 | |
1964, No. 29 | |
Finance Act, 1895 | 1895, c. 16 |
1947, No. 33 | |
1949, No. 13 | |
Stamp Act, 1891 | 1891, c. 39 |
Land Law (Ireland) Act, 1881 | 1881, c. 49 |
1928, No. 4 | |
Public Assistance Act, 1939 | 1939, No. 42 |
1960, No. 42 | |
Working Classes Act, 1890 | 1890, c. 70 |
Housing (Ireland) Act, 1919 | 1919, c. 45 |
1925, No. 22 | |
Local Government (Ireland) Act, 1898 | 1898, c. 37 |
1946, No. 24 | |
1937, No. 42 | |
1949, No. 25 | |
1923, No. 42 | |
1965, No. 24 | |
1946, No. 12 | |
1942, No. 15 | |
Labourers (Ireland) Act, 1906 | 1906, c. 37 |
Housing (Management and Letting) Regulations, 1950 | 1950, S.I. No. 47 |
1931, No. 50 | |
1932, No. 19 | |
1937, No. 38 | |
Lands Clauses Consolidation Act, 1845 | 1845, c. 18 |
1950, No. 25 | |
Number 21 of 1966.
HOUSING ACT, 1966
PART I
Preliminary And General
Short title and commencement.
1.—(1) This Act may be cited as the Housing Act, 1966.
(2) This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.
Interpretation.
2.—(1) In this Act, save where the context otherwise requires—
“the Act of 1860” means the Landlord and Tenant Law Amendment Act, Ireland, 1860;
“the Act of 1891” means the Local Registration of Title (Ireland) Act, 1891;
“the Act of 1936” means the Labourers Act, 1936;
“the Act of 1948” means the Housing (Amendment) Act, 1948 (repealed by this Act);
“the Act of 1952” means the Housing (Amendment) Act, 1952 (repealed by this Act);
“the Act of 1960” means the Local Government (No. 2) Act, 1960;
“the Act of 1962” means the Housing (Loans and Grants) Act, 1962 (repealed by this Act);
“chief medical officer” has the meaning assigned to it by the Health Act, 1947, as extended by the Health Authorities Act, 1960, and for the purposes of this Act, the chief medical officer under the health authority within whose functional area (with respect to functions related to the operation of services other than services under the Mental Treatment Acts, 1945 to 1958) a town having town commissioners under the Towns Improvement (Ireland) Act, 1854, or an urban district is situate, shall be deemed to be the chief medical officer of the commissioners of such town or the council of the district, as the case may be;
“functions” includes powers and duties;
“health authority” has the same meaning as in the Health Act, 1947, as amended by section 9 of the Health Authorities Act, 1960;
“house”, except in Part V of this Act, includes any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and, except as aforesaid and in sections 15, 16 and 17 of this Act, includes any part of a building used or suitable for use as a dwelling and “housing” shall be construed accordingly;
“housing authority” means, in the case of—
(a) a county health district (exclusive of any town having town commissioners under the Towns Improvement (Ireland) Act, 1854), the council of the county in which such county health district is situate,
(b) a county or other borough, the corporation of such county or other borough, and
(c) an urban district, the council of the district,
(d) a town having commissioners under the Towns Improvement (Ireland) Act, 1854, except as respects sections 26,
27, 28, 29, 30, 31, 32, 34, 35, 36, 39, 40, 41, 42 and 43 of this Act, the commissioners of such town and, as respects the said sections, the council of the county in which the town is situate,
and references to the functional area of a housing authority shall be construed accordingly;
“land”, except in section 86 of this Act includes water and, in relation to the acquisition of land, includes any interest or right in or over land or water (including an interest or right granted by or held from the authority acquiring the land);
“local authority” has the same meaning as in section 2 of the Local Government Act, 1941;
“the Minister” means the Minister for Local Government;
“non-municipal town” means a place (not being a county borough, borough, urban district or town) the population of which, as ascertained by the census of population which for the time being is the last published census of population, exceeds one thousand;
“owner”, except in Part V of this Act, in relation to any dwelling, house, building or other land means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the dwelling, house, building or other land, or where the dwelling, house, building or other land is not let at a rack rent, would be so entitled if it were so let;
“person”, except in this section and in sections 15 and 34 of this Act, does not include a housing authority;
“prescribed” means prescribed by regulations made by the Minister;
“public utility society” means a society registered under the Industrial and Provident Societies Acts, 1893 to 1936, or a friendly society registered under the Friendly Societies Acts, 1896 to 1953, or a trade union registered under the Trade Union Acts, 1871 to 1952, whose objects include the erection of houses or a body which satisfies the Minister that its objects are wholly philanthropic and include the provision of houses;
“the registering authority” means the registering authority under the Act of 1891;
“Registry of Deeds” means the office established by the Registration of Deeds Act, 1707;
“reserved function” means—
(a) with respect to the council of a county (or an elective body for the purposes of the County Management Acts, 1940 to 1955) a reserved function for the purposes of the County Management Acts, 1940 to 1955,
(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;
“rural area” means an area no place in which is within a county borough, borough, urban district, town or non-municipal town;
“Small Dwellings Acquisition Acts” means the Small Dwellings Acquisition Acts, 1899 to 1962;
“state land” means land which is state land within the meaning of the Act of 1936 and which belongs to the State on the commencement of section 105 of this Act.
(2) Any approval or consent required by this Act to be given by the Minister may be given either generally or as respects a particular case and where the relevant provisions of this Act so admit, any such approval or consent may be confined to any particular class of matter or thing or to a particular area or an area of a particular class.
(3) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.
(4) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
Service of notices, etc.
3.—(1) Where a notice, copy of an order, or demand is required or authorised by this Act or any order or regulation made thereunder to be served on, given to or made of a person, it shall be addressed to him and shall be served on, given to or made of him in some one of the following ways:
(a) where it is addressed to him by name, by delivering it to him;
(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;
(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;
(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice, copy or demand is so required or authorised to be served, given or made in respect of any land or premises or works thereon, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.
(2) Where a notice, copy of an order, or demand is required by this Act or any order or regulation made thereunder to be served on, given to, or made of an owner or occupier of any land or premises and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him.
(3) For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4) Where a repairs notice, a notice mentioned in subsection (4) of section 66 of this Act, a notice to treat within the meaning of Part V of this Act or a notice mentioned in subsection (4) of section 117 of this Act is served on or given to a person by affixing it under paragraph (d) of subsection (1) of this section, a copy of the notice shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.
(5) A person who, at any time during the period of three months after a document is affixed under paragraph (d) of subsection (1) of this section, removes, damages or defaces the documentwithout lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the publication, serving or giving under this Act or under any order or regulation made thereunder, of a notice, copy of an order, or demand and that dispensing with the publication, serving, giving or making of the notice, copy or demand will not cause injury or wrong, he may dispense with the publication, serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.
(7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be published, served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.
Obligation to give information to housing authority.
4.—(1) A housing authority may for any purposes connected with this Act, by notice in writing require the occupier of any land or any person receiving, whether for himself or for another, rent out of any land to state in writing to the authority within a specified period ending not less than twenty-one days after being so required, particulars of the estate, interest or right by virtue of which he occupies such land or receives such rent, as the case may be, and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such land.
(2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under the section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
Regulation generally.
5.—(1) The Minister may make regulations either for the purposes of any section of this Act which admits of being executed subject to regulations, or prescribing any matter referred to in this Act as prescribed.
(2) Every regulation made by the Minister under this Act other than section 114 shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(3) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to that provision of the Minister for Finance.
Repeals.
6.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2) Notwithstanding subsection (1) of this section, grants under any enactment repealed by that subsection may be made in respect of works commenced before the repeal of the enactment.
(3) Where, as respects the provision or reconstruction of a house or the execution of works (including the provision and installation of a private water supply and private sewerage facilities), a grant is made under an enactment repealed by this Act and but for subsection (1) of this section an enactment providing for—
(a) the reduction of the rateable valuation of a tenement for rating purposes,
(b) the non-increase of the rateable valuation of a tenement within a stated period,
would have applied, such enactment shall, as respects the tenement, continue to apply as if this Act had not been enacted.
(4) In this section, “rating purposes” has the same meaning as in section 33 of this Act.
PART II
Financial Provisions
Chapter I
Expenses under Act
Expenses of administration of Minister.
7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.
Charging of expenses of housing authority who are county council.
8.—The following provisions shall apply as respects the expenses under this Act of a housing authority who are the council of a county:
(a) in case the authority are the council of a county not being a county in respect of which an order has been made under section 5 of the Local Government (Amendment) (No. 2) Act, 1934, (in this section referred to as a dividing order) such expenses shall be charged on the county (exclusive of every borough and urban district therein); and
(b) in case the authority are the council of a county in respect of which a dividing order has been made—
(i) such expenses, other than expenses under section 39 of this Act, shall be charged on the rural sanitary area in respect of which the expenses were incurred,
(ii) such expenses under the said section 39 shall be charged on the county (exclusive of every borough and urban district therein).
Payment of expenses under section 111 of Act.
9.—(1) The expenses incurred in the performance under section 111 of this Act of a function of a housing authority to the extent certified by the Minister to be properly payable by the authority, shall on demand be paid to the Minister, the housing authority or other person by whom the expenses were incurred and shall be recoverable by the person or authority making the demand as a simple contract debt in any court of competent jurisdiction.
(2) Where a sum is due to a housing authority by the Minister and, at the same time, expenses are recoverable under this section by the Minister from the authority, the sum may be set off against the expenses either, as may be appropriate, in whole or in part.
Power to set off.
10.—Where a sum is due under this Act to any person by a housing authority and, at the same time, another sum is due from that person to the authority, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.
Chapter II
Assistance of Certain Research, Training and Bodies
Assistance by Minister of certain research and training.
11.—(1) The Minister may, with the consent of the Minister for Finance, make out of moneys provided by the Oireachtas, a grant or a loan on such terms and conditions as may be determined by the Minister, to any of the following:
(a) a body which, in relation to housing, conducts research or provides training,
(b) a person engaged, at the request of or with the concurrence of the Minister, in research in relation to housing.
(2) Where the Minister proposes to make a grant or loan under this section in relation to a matter as respects which the Institute for Industrial Research and Standards may carry out research under the Industrial Research and Standards Act, 1961, the Minister shall make the grant or loan only after consultation with the Minister for Industry and Commerce.
Assistance by housing authority of certain bodies.
12.—(1) A housing authority may, with the consent of the Minister and on such terms and conditions as they think fit, assist another housing authority or a body to which this section applies, either in respect of the provision by the other authority or by the body of housing accommodation or in respect of some other matter, in one or more of the following ways:
(a) by a loan,
(b) by a periodic contribution to the funds of the other authority or the body,
(c) by a guarantee of sums owed by the other authority or by the body in respect of borrowings.
(2) This section applies to the following bodies:
(a) a body whose objects include at least one of the following;
(i) the provision of dwellings for elderly persons,
(ii) the provision of dwellings which will help to secure one or more of the primary objectives to which a housing authority are required by subsection (3) of section 60 of this Act to have regard,
(iii) the advance of money for the provision (including reconstruction or purchase) of dwellings,
(iv) the conduct in relation to housing of research or the provision of training,
(b) any other body approved by the Minister for the purposes of this section.
(3) A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons.
(4) A decision to make a periodic contribution or to give a loan or guarantee under this section shall be a reserved function.
Chapter III
Housing Loans and Grants, etc.
Definition for purposes of Chapter III of Part II.
13.—In this Chapter, “providing” in relation to a house that has never been occupied includes purchasing the house and cognate words shall be construed accordingly.
Regulations for purposes of sections in Chapter III of Part II.
14.—Without prejudice to the generality of the power of the Minister to make regulations for the purposes of any section contained in this Chapter, such regulations may provide for compliance by houses, flats or maisonettes with conditions as to site, aspect, planning, construction or number per acre or with prescribed plans or with such other plans as may be approved by the Minister.
Grants by Minister for provision of houses.
15.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing one or more thanone house in respect of which a grant under any enactment (including this Act) has not been made, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if—
(a) the house or each house contains at least three rooms and the total area of all the floors of the house when measured in the prescribed manner is neither less than five hundred square feet nor more than—
(i) in case of a house in which sewerage facilities and a piped water supply are installed, fifteen hundred square feet,
(ii) in any other case, fourteen hundred square feet, and
(b) in case the house or each house is provided by a public utility society, the first occupier of the house or each house is a member of the society who occupies it as his normal place of residence.
(2) A grant under this section in respect of a house shall not exceed the appropriate amount specified in the Table hereunder:
TABLE
Amount of Grant
Person to whom grant may be made by Minister under this section | Where sewerage facilities and piped water supply cannot reasonably be provided | Where sewerage facilities and water supply are provided | Where sewerage facilities and piped water supply are provided in an area where a public sewerage scheme or a public water supply is not available | ||||||
Number of rooms in house | Number of rooms in house | Number of rooms in house | |||||||
3 | 4 | 5 or more | 3 | 4 | 5 or more | 3 | 4 | 5 or more | |
£ | £ | £ | £ | £ | £ | £ | £ | £ | |
Person (other than a public utility society) providing house | 125 | 175 | 225 | 175 | 225 | 275 | 200 | 250 | 300 |
Public utility society providing house | 135 | 185 | 235 | 185 | 235 | 285 | 210 | 260 | 310 |
Grants by Minister for provision of houses for farmers and others.
16.—(1) Subject to subsection (2) of this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing in a rural area a house in respect of which a grant under any enactment (including this Act) has not been made, a grant of such amount as may be appropriate having regard to subsection (3) of this section if, but only if—
(a) the erection of the house commenced or commences on or after the 1st day of October, 1963,
(b) the house contains at least three rooms and the total area of all the floors of the house when measured in the prescribed manner is not less than five hundred square feet nor more than—
(i) in case of a house in which sewerage facilities and a piped water supply are installed, fifteen hundred square feet, or
(ii) in any other case, fourteen hundred square feet,
(c) the house is erected on a site other than a site in respect of which a contribution has been made by the Minister under section 44 or 45 of this Act, and
(d) the house is occupied by the person as his normal place of residence or, in case the house is provided by a public utility society, the first occupier of the house is a member of the society who occupies it as his normal place of residence.
(2) Grants under this section shall be made only if, in the opinion of the Minister, the person providing the house or, in case the house is provided by a public utility society, the first occupier of the house complies with the requirements of either paragraph (a) or paragraph (b) of this subsection, namely, that;
(a) the said person or occupier is in need of housing and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds,
(b) the said person or occupier is ordinarily resident in a rural area and either so resides in an overcrowded house or in a house unfit for human habitation, or is in need of housing on medical, compassionate or other similar
grounds, and the circumstances of the person or occupier are such that he could not provide a house for his own occupation without the aid of a grant under this section.
(3) Subject to subsection (4) of this section, a grant under this section shall not exceed the appropriate amount specified in the Table hereunder:
TABLE
Amount of Grant
Person to whom grant may be made by the Minister under this section | Where sewerage facilities and piped water supply cannot reasonably be provided | Where sewerage facilities and piped water supply are provided | ||||
Number of rooms in house | Number of rooms in house | |||||
3 | 4 | 5 or more | 3 | 4 | 5 or more | |
£ | £ | £ | £ | £ | £ | |
1. Person (other than a public utility society) providing a house: where the rateable valuation or the aggregate of the rateable valuations of the land and buildings occupied by the person— | ||||||
(a) does not exceed £25 | 225 | 300 | 375 | 300 | 375 | 450 |
(b) exceeds £25 but does not exceed £40 | 175 | 250 | 325 | 250 | 325 | 400 |
(c) exceeds £40 but does not exceed £60 | 175 | 200 | 275 | 250 | 275 | 350 |
2. Public utility society providing a house of which the first occupier is a member of the society: | ||||||
where the rateable valuation or the aggregate of the rateable valuations of the land and buildings occupied by the said first occupier— | ||||||
(a) does not exceed £25 | 235 | 310 | 385 | 310 | 385 | 460 |
(b) exceeds £25 but does not exceed £40 | 185 | 260 | 335 | 260 | 335 | 410 |
(c) exceeds £40 but does not exceed £60 | 185 | 210 | 285 | 260 | 285 | 360 |
(4) In the Table to subsection (3) of this section, the references to £40 and £60 shall as respects a house the erection of which commenced before 1st July, 1965, be construed as references to £35 and £50 respectively.
Grants by Minister for provision of second houses on transfer of certain holdings.
17.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person providing a house, who is ordinarily resident in a rural area and who derives his livelihood solely or mainly from the pursuit of agriculture, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if—
(a) the erection of the house commenced or commences on or after 1st July, 1965,
(b) the total floor area of all the floors of the house when measured in the prescribed manner is less than five hundred square feet,
(c) the Minister is satisfied—
(i) that the house is sufficient for the needs of the person by whom it is provided and is occupied by him as his normal place of residence,
(ii) that the person has transferred his holding or a substantial part thereof to a member of his family or to the Irish Land Commission, and
(iii) either that another house has been or will be vacated by the person and is or will be occupied by a member of the family of the person as his normal place of residence or that the Irish Land Commission have purchased or have agreed to purchase the other house.
(2) A grant under this section shall not exceed—
(a) in case sewerage facilities and piped water supply cannot reasonably be provided, one hundred pounds,
(b) in case sewerage facilities and piped water supply are provided, one hundred and seventy-five pounds.
Grants by Minister for erection of flats or maisonettes.
18.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person in respect of the erection of separate, self-contained flats or maisonettes in a building of three or more storeys, a grant of such amount as may be appropriate having regard to subsection (2) of this section if, but only if—
(a) the erection of the building commenced or commences on or after the 1st day of December, 1964, and
(b) the total area of all the floors of the flat or maisonette, as the case may be, when measured in the prescribed manner, is not less than two hundred and fifty square feet.
(2) A grant under this section shall not in relation to each flat or maisonette exceed the appropriate amount specified in the Table hereunder:
TABLE
Amount of Grant
Description of flat or maisonette | Number of rooms in flat or maisonette | |||
1 | 2 | 3 | 4 or more | |
1. A separate, self-contained flat or maisonette in a building of six or more storeys in which a lift is installed | £ 175 | £ 225 | £ 275 | £ 325 |
2. A separate, self-contained flat or maisonette in a building of three or more storeys other than as described at reference 1 above | 125 | 175 | 225 | 275 |
(3) The Minister shall not make a grant under this section in respect of a flat or maisonette in respect of which a grant has been made under any enactment (including this Act).
Grants by Minister for housing of elderly persons and others.
19.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, a grant to a body providing (whether by erection, purchase, reconstruction or conversion), with the approval of the Minister, one or more than one house for the accommodation of elderly persons, or for the accommodation, as their normal place of residence, in the house or houses or within the precincts thereof, of persons providing welfare or caretaker services for the elderly persons.
(2) The amount of a grant under this section shall not exceed in respect of each separate dwelling provided—
(a) in case the dwelling is provided for the accommodation of elderly persons, three hundred pounds, and
(b) in case the dwelling is provided for the accommodation of persons other than elderly persons, fifty pounds as respects each room contained in the dwelling, or two hundred and fifty pounds, whichever is the less.
Grants by Minister for provision of prototype houses.
20.—(1) The Minister may, with the consent of the Minister for Finance, and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, a grant to any person or body in respect of the erection of a house in accordance with plans and specifications approved by the Minister if the Minister is satisfied—
(a) that a house has not previously been erected in accordance with the plans and specifications aforesaid or plans or specifications that are substantially the same as the plans and specifications aforesaid, and
(b) that houses could be erected in accordance with the plans and specifications aforesaid either with greater speed than if they were erected by conventional methods, or at low cost, or that houses erected in accordance with the plans and specifications aforesaid, being houses of a type suitable for erection by a housing authority, could conveniently be transferred and erected on another site.
(2) A grant under this section shall not exceed one-half of the amount estimated by the Minister to be the reasonable cost of erection of the house.
(3) A grant may be paid under this Act (apart from this section) in respect of any further house erected with the approval of the Minister in accordance with plans and specifications that are the same as the plans and specifications of a house in respect of which a grant was made under this section or that differ from those plans and specifications only in respect of modifications approved of by the Minister, notwithstanding the fact that the house is not in compliance with any regulations made by the Minister for the purposes of the section under which the grant is made.
Grants by Minister to persons for reconstruction of houses.
21.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person for the reconstruction of a house, in respect of each separate dwelling forming part of the house after the completion of the works, a grant of such amount as may be appropriate having regard to subsections (2) and (3) of this section.
(2) Subject to subsection (3) of this section, a grant to a person under this section shall not exceed—
(a) in case the person reconstructs a house for his own occupation, and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds, two-thirds of the amount estimated by the Minister to be the cost of the works, and
(b) in any other case, one-third of the amount estimated by the Minister to be the cost of the works.
(3) A grant under this section shall not exceed—
(a) in the case of a dwelling containing not more than three rooms, one hundred pounds,
(b) in the case of a dwelling containing four rooms, one hundred and twenty pounds, and
(c) in the case of a dwelling containing five or more rooms, one hundred and forty pounds.
(4) A grant shall not be made under this section in respect of a house unless the Minister is satisfied that the house is suitable for reconstruction.
(5) In this and in the next following section, “reconstruction” in relation to a house includes any works carried out to the house (whether for the purpose of extending, enlarging, improving or repairing the house) that, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the house more suitable for human habitation, but does not include decoration, and cognate words shall be construed accordingly.
(6) Subject to subsection (7) of this section, the Minister shall not make a grant under this section in respect of a house in respect of which a grant under any enactment (including this Act), other than a grant for the provision and installation of a private water supply or private sewerage facilities or both such water supply and sewerage facilities, has been made within the preceding fifteen years under any enactment (including this Act).
(7) A person shall not be disentitled to receive a grant under this section by reason of the fact that a grant has previously been made under any enactment (including this Act) in respect of works which were necessary because of damage caused to the house by wind, rain or flooding.
Further grants by Minister for reconstruction of houses.
22.—(1) Where a grant for the erection, purchase, reconstruction, repair or improvement of a house is made under any enactment (including this Act), whether before or after the commencement of this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a person for the reconstruction of the house a grant or grants of such amount as may be appropriate having regard to subsections (2) and (3) of this section if—
(a) the works are necessary because of damage caused by wind, rain or flooding,
(b) the works are occasioned by something (other than the matters referred to in paragraph (a) of this subsection) outside the control of the person aforesaid and the works are certified by an officer of the Minister to be urgently necessary for the conservation of the house,
(c) the works are commenced less than fifteen but not less than ten years after the date of the payment of the last previous grant and consist of or include the replacement of roofing by roofing of slates, tiles or other material approved by the Minister,
(d) the works consist of the provision of a fitted bathroom and involve an addition to the floor area of the house existing immediately before the commencement of the works,
(e) the works consist of the provision of a room or rooms, involve an addition to the floor area of the house existing immediately before the execution of the works and are, in the opinion of the Minister, necessary for the relief of overcrowding, or
(f) the works consist of the provision of a room or rooms, involve an addition to the floor area of the house existing immediately before the execution of the works and the Minister is satisfied that—
(i) the house is situate in a rural area;
(ii) the room or rooms, as the case may be, is or are occupied as his normal place of residence by a person who has transferred his holding or a substantial part thereof to a member of his family or to the Irish Land Commission, and is or are sufficient for the needs of that person.
(2) Subject to subsection (3) of this section, a grant to a person under this section—
(a) in respect of works of the kind specified in paragraph (a), (c) or (f) of subsection (1) of this section, shall not exceed—
(i) in case the person reconstructs a house for his own occupation and derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him does not exceed sixty pounds, two-thirds of the amount estimated by the Minister to be the cost of the works, and
(ii) in any other case, one-third of the amount estimated by the Minister to be the cost of the works,
(b) in respect of works of the kind specified in paragraph (b) of subsection (1) of this section, shall not exceed one-third of the amount estimated by the Minister to be the cost of the works,
(c) in respect of works of the kind specified in paragraph (d) of subsection (1) of this section, shall not exceed—
(i) one-third of the amount estimated by the Minister to be the cost of the works, or
(ii) fifty pounds,
whichever is the less, and
(d) in respect of works of the kind specified in paragraph (e) of subsection (1) of this section, shall not exceed—
(i) one-third of the amount estimated by the Minister to be the cost of the works, or
(ii) fifty pounds for each room provided,
whichever is the less.
(3) A grant or the aggregate of the grants made at any one time under this section shall not exceed—
(a) in the case of a house containing not more than three rooms, one hundred pounds,
(b) in the case of a house containing four rooms, one hundred and twenty pounds, or
(c) in the case of a house containing five or more rooms, one hundred and forty pounds.
(4) A person shall not be disentitled to receive a grant under this section by reason of the fact that a grant has previously been made in relation to the house in respect of works of the kind specified in paragraph (a) of subsection (1) of this section.
Grants by Minister for essential repairs.
23.—(1) Subject to subsection (2) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister may, with the consent of the Minister for Finance, make, out of moneys provided by the Oireachtas, a grant to a person in occupation of a house situate in a county health district carrying out essential repairs to the house.
(2) A grant may be made under this section if, but only if—
(a) the housing authority furnish to the Minister a certificate of the authority stating, and the Minister is satisfied, that the house cannot be made fit for human habitation, in all respects, at a reasonable cost and that the repairs in respect of which the grant is proposed to be made constitute at least the repairs that are necessary in order to prolong the life of the house, and
(b) the repairs in respect of which the grant is proposed to be made are carried out in a satisfactory and efficient manner.
(3) The repairs to a house in respect of which a grant is proposed to be made under this section may, with the consent of the person in occupation of the house, be carried out by the housing authority and, if the repairs are carried out by the authority, the Minister may pay the grant to the authority.
(4) A grant under this section shall not exceed—
(a) two-thirds of the amount estimated by the Minister to be the cost of the repairs in respect of which the grant is made, or
(b) eighty pounds,
whichever is the less.
(5) A grant shall not be made under this section in respect of a house in respect of which a grant has previously been made under this section or section 5 of the Act of 1962.
Grants by Minister to housing authority for improvement of houses.
24.—(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to a housing authority executing improvement works on a house of which they are the owner, in respect of each separate dwelling forming part of the house after the completion of the improvement works, a grant of such amount as may be appropriate having regard to subsections (2) and (3) of this section.
(2) Subject to subsection (3) of this section, a grant under this section shall not exceed—
(a) in case the works consist wholly of works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section, one-third of the amount estimated by the Minister to be the cost of the works,
(b) in case the works consist wholly of works of the kind mentioned in paragraph (e) or (f) of subsection (6) of this section, one-third of the amount estimated by the Minister to be the cost of the works, or
(c) in case the works consist partly of works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section and partly of works of the kind mentioned in paragraph (e) or (f) of the said subsection (6) an amount which is the aggregate of one-third of the amount estimated by the Minister to be the cost of the works of the kind mentioned in the said paragraphs (a), (b), (c), (d) and (g) and one-third of the amount so estimated to be the cost of the works of the kind mentioned in the said paragraphs (e) and (f).
(3) A grant under this section shall not exceed—
(a) as respects works of the kind mentioned in paragraph (a), (b), (c), (d) or (g) of subsection (6) of this section;
(i) in case the dwelling contains not more than three rooms, one hundred pounds,
(ii) in case the dwelling contains four rooms, one hundred and twenty pounds,
(iii) in case the dwelling contains five or more rooms, one hundred and forty pounds,
(b) as respects works of the kind mentioned in paragraph (e) or (f) of the said subsection (6);
(i) in case both a private water supply and private sewerage facilities are installed, seventy-five pounds,
(ii) in case a private water supply only is installed, fifty pounds, or
(iii) in case private sewerage facilities only are installed, twenty-five pounds.
(4) The Minister shall not make a grant under this section and under section 2 of the Local Government (Sanitary Services) Act, 1962, in respect of the same private water supply or the same private sewerage facilities.
(5) A grant shall not be made under this section in respect of a house unless the execution of the improvement works is commenced on or after the 1st day of December, 1964, and the Minister is satisfied that the house is suitable for the execution of the improvement works thereon and that on completion of the works the house is in all respects fit for human habitation.
(6) In this section, “improvement works” in relation to a house means works consisting of any or all of the following:
(a) the provision of an additional room or rooms involving an addition to the floor area of the house existing immediately before the execution of the works, and which, in the opinion of the Minister, is or are necessary for the relief of overcrowding;
(b) the provision of a fitted bathroom involving an addition to the floor area of the house existing immediately before the execution of the works;
(c) the provision and installation of a hot water system;
(d) works within the house consisting of the provision and installation of a system for the supply of electricity;
(e) the provision and installation of a private water supply;
(f) the provision and installation of private sewerage facilities; or
(g) the replacement or substantial reconstruction of a roof.
(7) A grant shall not be made under this section in respect of a house for which a grant has previously been made under this section within a period of fifteen years.
Grants by Minister to housing authority in respect of works executed in pursuance of section 69 of Act.
25.—(1) Where a repairs notice has been served under section 66 of this Act by a housing authority and the authority, in pursuance of section 69, have executed the works necessary to render the house fit for human habitation as respects the matter or matters specified in the notice, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make, out of moneys provided by the Oireachtas, to the authority a grant of such amount as may be appropriate having regard to the following provisions of this section.
(2) In case the works consist of works other than the provision and installation of a private water supply or private sewerage facilities, a grant under this section shall not exceed—
(a) an amount not exceeding in relation to each separate dwelling forming part of the house after the completion of the works;
(i) in the case of a dwelling containing not more than three rooms, one hundred pounds,
(ii) in the case of a dwelling containing four rooms, one hundred and twenty pounds,
(iii) in the case of a dwelling containing five or more rooms, one hundred and forty pounds, or
(b) one third of the cost of executing the works,
whichever is the less.
(3) In case the works consist of or include the provision and installation of a private water supply or private sewerage facilities, the Minister may make a grant under section 2 of the Local Government (Sanitary Services) Act, 1962, to the housing authority in respect of the provision and installation.
Supplementary grants by housing authority to persons for provision of houses.
26.—(1) Where a relevant grant is made by the Minister or the Minister for the Gaeltacht, as the case may be, to or in respect of a person providing a house, the housing authority may, whether the relevant grant has been paid in whole or in part, make a supplementary grant to or in respect of the person who is the person first in occupation of the house after the erection or purchase thereof is completed in respect of the provision of the house, if, but only if—
(a) the person derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation, or the aggregate of the rateable valuations, of the land (if any) and buildings occupied by him does not exceed sixty pounds, or
(b) the total, determined by the housing authority, of the income of the person and the income of his spouse (if any) does not exceed one thousand and forty-five pounds per annum.
(2) A housing authority, in determining the income of a person applying for a grant under this section or of his spouse, may, if the person satisfies the authority that he or his spouse maintains at his or her own expense a dependant person, make such allowance as they think fit, subject to a maximum allowance of one hundred pounds in respect of each person so maintained, or four hundred pounds in the aggregate, whichever is the less.
(3) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the relevant grant.
(4) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.
(5) A determination of a housing authority of the amount of a grant under this section or of the income of a person applying for a grant under this section or of his spouse (if any) shall be final and not appealable.
(6) A grant shall not be made under this section in respect of a house in respect of which a grant was made under section 9, 10 or 11 of the Act of 1952 or section 12 of the Act of 1962.
(7) For the avoidance of doubt, it is hereby declared that in case a housing authority in making a determination of an income for the purposes of section 12 of the Act of 1962, made an allowance in respect of the maintenance of a dependant person at the expense of the person whose income was being so determined, the making of such allowance shall not affect, and shall be deemed never to have affected, the validity of the determination.
(8) In case a housing authority make a grant under section 12 of the Act of 1962 on or after the 1st day of July, 1965, to or in respect of a person—
(a) who derives his livelihood solely or mainly from the pursuit of agriculture and the rateable valuation or the aggregate of the rateable valuations of the land (if any) and buildings occupied by him exceeds fifty pounds but does not exceed sixty pounds, or
(b) the total, determined for the purposes of the said section 12 by the authority, of the income of the person and the income of his wife (if any) exceeded eight hundred and thirty-two pounds but did not exceed one thousand and forty-five pounds per annum,
the fact that the said valuation exceeded fifty pounds or the said total exceeded eight hundred and thirty-two pounds per annum, shall not affect, and shall be deemed never to have affected, the validity of the making of the grant.
(9) In this section, “relevant grant” means a grant under—
(a) subsection (1) or subsection (7) (inserted by the Housing (Gaeltacht) (Amendment) Act, 1959 of section 3 of the Housing (Gaeltacht) Act, 1929,
(b) section 16 of the Act of 1948,
(c) section 2 of the Act of 1962, or
(d) sections 15, 16 or 17 of this Act.
(10) This section in so far as it relates to a grant under section 16 of this Act shall be deemed to have come into operation on the 1st day of October, 1963.
Supplementary grants by housing authority for erection of flats or maisonettes.
27.—(1) Where a grant is made by the Minister to a person under section 18 of this Act in respect of the erection of flats or maisonettes, the housing authority may, whether the grant has been paid in whole or in part, make a supplementary grant to the person in respect of the erection of the flats or maisonettes, as the case may be.
(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the grant under the said section 18.
(3) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.
Supplementary grants by housing authority to bodies for provision of houses for elderly persons and for other purposes.
28.—(1) Where a relevant grant is made by the Minister to—
(a) a body providing a house for the accommodation of elderly persons, or
(b) a body approved by the Minister for the purposes of this section providing a house, flat or maisonette,
the housing authority may, whether the grant has been paid in whole or in part, make a supplementary grant to the body in respect of the provision of the house, flat or maisonette.
(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the relevant grant.
(3) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.
(4) In this section, “relevant grant” means a grant under—
(a) section 16 of the Act of 1948,
(b) section 2 or 6 of the Act of 1962, or
(c) sections 15, 18 or 19 of this Act,
made in respect of a house, flat or maisonette, the erection of which commenced or commences on or after 1st day of October, 1963.
Supplementary grants by housing authority for reconstruction of houses.
29.—(1) Where a grant is made by the Minister whether before or after the commencement of this section to a person in respect of the reconstruction of a house, the housing authority may make a supplementary grant to the person.
(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall exceed neither the amount of the grant made by the Minister nor the amount that, when added to the amount of the grant made by the Minister, equals two-thirds of the amount estimated by the Minister to be the cost of the reconstruction work.
(3) A housing authority may impose in relation to the making of supplementary grants under this section such conditions as they think fit.
(4) A grant shall not be made under this section in respect of a house in respect of which a grant was made under subsection (3A) (inserted by the Housing (Amendment) Act, 1958 of section 16 of the Act of 1948, subsection (3) of section 12 of the Housing (Amendment) Act, 1954, or subsection (1) of section 8 of the Act of 1962.
Supplementary grants and other assistance by housing authority for essential repairs.
30.—Where a grant is made by the Minister under section 5 of the Act of 1962, or section 23 of this Act to a person in respect of essential repairs to a house, the housing authority may make to the person a supplementary grant not exceeding the difference between the amount of the grant made by the Minister and the amount estimated by the Minister to be the cost of the essential repairs, contribute building materials or labour for the carrying out of the repairs to a value not greater than the amount of the difference aforesaid or make any payment in kind to the said person to a value not greater than the amount of the difference aforesaid.
Supplementary grants by housing authority where certain grants are made under section 3 of Housing (Gaeltacht) Act, 1929.
31.—(1) Where a grant is made by the Minister for the Gaeltacht to a person under subsection (2), subsection (3), (inserted by the Housing (Gaeltacht) (Amendment) Act, 1953) or subsection (5) (inserted by the Housing (Gaeltacht) (Amendment) Act, 1959) of section 3 of the Housing (Gaeltacht) Act, 1929, a housing authority may make to that person a supplementary grant.
(2) A supplementary grant under this section shall be of such amount as may be determined by the housing authority but shall not exceed the amount of the grant made under the said section 3.
(3) A grant shall not be made under this section in respect of work on a house in respect of which a grant was made under section 7 of the Housing (Amendment) Act, 1958, or section 9 of the Act of 1962.
(4) Subsection (1) of this section shall, as respects grants under subsection (3) or paragraph (a) or (b) of subsection (5) of the said section 3 to persons improving or extending a house or providing and installing private water supplies or sewerage facilities, have effect only if the improvement or extension, or the provision and installation commenced on or after the 30th day of June, 1958.
Grants by certain housing authorities for accommodation for person suffering from pulmonary tuberculosis.
32.—(1) Subject to subsection (2) of this section, a housing authority who are the council of a county or the corporation of a county borough may make a grant to the owner or the person in occupation of a house providing an extra room in or attached to the house or a hut or chalet within the curtilage of the house.
(2) A grant may be made under this section if, but only if, the housing authority are satisfied that a member of the household of the house is suffering from pulmonary tuberculosis for which he is undergoing treatment and that the existing accommodation of the house is inadequate for his proper treatment or for his segregation from other members of the household.
(3) A grant under this section shall not exceed the cost, as approved by the Minister, of the provision of the extra room, hut or chalet.
(4) Where a housing authority make a grant under this section, the Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, recoup to the authority an amount not exceeding—
(a) two-thirds of the amount estimated by the Minister to be the cost of providing the extra room, hut or chalet, or
(b) two hundred pounds,
whichever is the less.
(5) The works in respect of which a grant is proposed to be made under this section may, with the consent of the person in occupation of the house, be carried out by the housing authority.
Modification and restriction on increase of rateable valuation in certain cases.
33.—(1) In every case in which a grant is made under section 15, 16, 17, 18 or 20 of this Act, or in case a grant is made under section 6 of the Act of 1962 (repealed by this Act) or section 19 of this Act as respects the erection of a house, and a revision in the rateable valuation of the tenement consisting of or including the house, flat or maisonette, as the case may be, to which the grant relates is made, such amount of the revised valuation as is attributable to the erection of the house, flat or maisonette shall, in each of the nine successive local financial years following the local financial year in which the house, flat or maisonette is completed, be deemed to be reduced for rating purposes, by the proportion of such amount specified in the column of the Table to this section opposite the number of the year in the first column of the Table.
(2) In this section, “rating purposes” in relation to a tenement means the following (and no other) purposes, that is to say, the purpose of the assessment and levying of any rate raised by a local authority for the service of the local financial year in which the tenement is first rated on the increased valuation referred to in subsection (1) of this section or for the service of any of the next following eight local financial years.
(3) Without prejudice to the generality of subsection (2) of this section every computation for the purposes of the Income Tax Acts of the annual value of such tenement shall be made in like manner as if the full valuation were in force for the purposes of county rate or municipal rate, as the case may be, in relation to that year.
(4) In every case in which a grant is made under sections 21, 23, 25 or 32 of this Act, or in case a grant is made under section 6 of the Act of 1962 (repealed by this Act) or section 19 of this Act, as respects the reconstruction or conversion of a house, the valuation of the tenement consisting of or including the house to which any such grant relates shall not, on any valuation or revision of the valuation thereof coming into force within seven years after the completion of the relevant works, be increased on account of any increase in the value of such tenement arising from the relevant works.
(5) In this section, “the relevant works” means—
(a) in relation to a grant under section 6 of the Act of 1962 or section 19 of this Act as respects the reconstruction or conversion of a house—the reconstruction or conversion;
(b) in relation to a grant under the said section 21—the reconstruction within the meaning of the said section 21;
(c) in relation to a grant under the said section 23—the essential repairs;
(d) in relation to a grant under the said section 25—the works executed in pursuance of section 69 of this Act;
(e) in relation to a grant under the said section 32—the works executed in providing the extra room, hut or chalet.
TABLE
Reduction in Valuation of House, Flat or Maisonette
Number of year | Proportion of valuation |
First | Nine-tenths |
Second | Eight-tenths |
Third | Seven-tenths |
Fourth | Six-tenths |
Fifth | Five-tenths |
Sixth | Four-tenths |
Seventh | Three-tenths |
Eighth | Two-tenths |
Ninth | One-tenth |
Repayment of grant to Minister or housing authority on breach of undertaking.
34.—(1) Where the Minister or a housing authority has or have paid to any person or body a grant under this Part of this Act or an instalment of a grant, and in accordance with regulations applying in respect of the grant or as a condition of receiving the grant, the person or body, as the case may be, has given an undertaking to the Minister or the authority and the undertaking has not been complied with, the following provisions shall have effect:
(a) the person or body shall be liable to repay to the Minister or the authority the amount of the grant or instalment, as the case may be; and
(b) the amount may be recovered by the Minister or the authority from the person or body as a simple contract debt in any court of competent jurisdiction.
(2) Where a sum is due to a housing authority by the Minister and, at the same time, the authority is liable under this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part.
Withholding or reduction in amount of grant.
35.—(1) Where, in the opinion of the Minister or a housing authority, as the case may be, a condition subject to which a grant under this Part of this Act has been allocated or a regulation applying in relation to the grant has not been complied with, the Minister or housing authority may withhold the grant or reduce the amount thereof by such sum as he or they consider appropriate.
(2) (a) Without prejudice to the generality of subsection (1) of this section, the Minister may under this section refuse to allocate, withhold or reduce a grant in respect of any house, flat or maisonette where the amount of the consideration which is being charged for the house, flat or maisonette, whether by way of purchase money, rent or otherwise, exceeds—
(i) in case a maximum consideration order is for the time being in force and applies to the house, flat or maisonette—the appropriate maximum amount fixed by the order, and
(ii) in any other case—the amount appearing to the Minister, after he has considered any representations which the grantee may think fit to make, to represent reasonable value.
(b) In the foregoing paragraph, “maximum consideration order” means an order made by the Minister fixing for the purposes of this subsection the maximum consideration for houses, flats or maisonettes.
(c) Any such order may be revoked or amended by a subsequent order.
Making of grant to successor of deceased applicant.
36.—Where a person who applies for a grant under this Part of this Act dies before the grant is made, the grant may, subject to the provisions of this Part of this Act, be made to his successor in title.
Restriction of local Acts and other provisions.
37.—In so far as the provisions of any local Act or of any bye-laws, rules, regulations or scheme under whatever authority made, relating to the construction, laying out or drainage of new buildings are inconsistent with any regulations made by the Minister for the purposes of a section contained in this Part of this Act, those provisions shall not apply in relation to any house in respect of which a grant is made by the Minister under this Part of this Act and which is in compliance with the regulations so made or is erected in accordance with plans and specifications approved by the Minister.
Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument.
38.—The Minister may, with the consent of the Minister for Finance, make a grant under this Act notwithstanding that a requirement of a statute or a statutory instrument has not been complied with in relation to the grant if a certificate of approval in respect of the relevant premises has been issued by an officer of the Minister and the Minister is satisfied that the applicant for the grant has acted in good faith in proceeding to erect, purchase, reconstruct, improve, convert or repair the premises.
Loans by housing authority for acquisition or construction of houses.
39.—(1) A housing authority may, subject to regulations made by the Minister for the purposes of this section with the consent of the Minister for Finance, lend money to a person for the purpose of acquiring or constructing a house.
(2) Regulations made for the purposes of this section may, in particular, but without prejudice to the generality of section 5 of this Act, make provision with respect to all or any one or more of the following matters:
(a) the class or classes of persons to whom loans may be made under this section and the minimum contribution to be made at the time of the acquisition or construction of a house by a person to whom a loan is made under this section towards the cost of such acquisition or construction;
(b) the class or classes of houses in respect of which loans may be made under this section;
(c) the maximum amount of and the security for a loan underthis section and the method of ascertaining the value of a house in respect of which a loan under this section is sought;
(d) the repayment of loans made under this section, including the manner of and period for such repayment;
(e) the payment of interest on loans made under this section and the fixing of the rate of such interest;
(f) the conditions subject to which a house in respect of which a loan is made under this section is held by a borrower during the period until the loan is repaid, and the interest thereon is paid, to the housing authority;
(g) the personal liability of the owner of a house in respect of which a loan is made under this section for the repayment of any sum due in respect of the loan and for the payment of any sum due in respect of interest on the loan;
(h) the giving of notice to a borrower requiring him to comply with a condition subject to which a loan is made to him under this section or subject to which a house in respect of which a loan is made under this section, is held by him or requiring him to comply with the provisions of any regulations under this section;
(i) the payment by instalments of loans made under this section in respect of houses in course of construction;
(j) the transfer by the borrower of his interest in a house in respect of which a loan (other than a loan in relation to which an agreement has been made under subsection (3) of this section) is made under this section by a housing authority at a time when the loan or part of it or the interest thereon or part of it has not been repaid or paid, as the case may be, to the authority.
(3) In case regulations made for the purposes of this section enable a loan by a housing authority under this section to be secured by a second mortgage or a second charge on the house to which the loan relates the authority may, for the purpose of securing the loan, enter into and carry out an agreement.
(4) Where default is made in complying with any regulations under this section or any of the conditions subject to which a loan (other than a loan secured by a second mortgage or a second charge) is made under this section by a housing authority, or subject to which a house in respect of which such a loan is made under this section, is held by the borrower or, in the case of the bankruptcy of the borrower of such a loan, the authority may recover possession of the house (whatever may be its value) under sections 84 to 89 of the Act of 1860 as if the authority were the landlord and the borrower were the tenant.
(5) Where a housing authority recover possession of a house under subsection (4) of this section, all the estate, right, interest and title of the borrower in the house shall vest without any conveyance or transfer in the authority and the authority may use the house for the purposes of any of their functions or sell or otherwise dispose of it as they think fit.
(6) Where a housing authority recover possession of a house under subsection (4) of this section, they shall pay to the borrower a sum equal to the value of the interest in the house at the disposal of the authority, after deducting therefrom the amount of the loan then remaining unpaid, any sum due for interest and all costs incurred by the authority in the recovery of possession and disposal of the house including the costs incurred by the authority in relation to any arbitration under subsection (7) of this section.
(7) In default of agreement between a housing authority and a borrower, the value of the interest in a house at the disposal of the authority shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act, 1960.
(8) In this section, “borrower” means a person to whom a loan is made under this section and includes the successor in title of a person to whom a loan is made under this section.
Loans by housing authority for reconstruction, repair, and improvement of houses.
40.—(1) A housing authority may, subject to such conditions as may be approved by the Minister, make a loan to a person (in this section referred to as the borrower) carrying out reconstruction, repair or improvement works on a house, provided that the authority is satisfied that—
(a) after the proposed works are carried out, the house will be fit for human habitation,
(b) the proposed works are necessary for the purpose of providing suitable housing accommodation, and
(c) the house is suitable for reconstruction, repair or improvement, as the case may be.
(2) Subject to subsection (3) of this section, repayment of a loan under this section in respect of a house shall be secured by—
(a) an instrument vesting the ownership of the house in the housing authority subject to the right of redemption by the borrower,
(b) by charging the house under the Registration of Title Acts, 1891 and 1942, with the repayment of the loan (together with interest payable thereon),
(c) by deposit with the housing authority of the land certificate issued under the said Acts, in relation to the house, or
(d) where such ownership is already vested in a person other than the borrower subject to the right of redemption of the borrower, an instrument of further charge charging the repayment of the loan (together with the interest payable thereon) under this section on the house and making the said right of redemption subject also to the repayment of the loan (together with the interest payable thereon) under this section.
(3) In case the loan proposed to be made under this section does not exceed two hundred pounds, the housing authority may, at their discretion, make the loan without requiring the security mentioned in subsection (2) of this section.
(4) Any sum due to a housing authority by any person in respect of a loan made under this section may be recovered by the authority from that person as a simple contract debt in any court of competent jurisdiction.
(5) For the purposes of this section, “ownership” shall be such interest or combination of interests in a house as will constitute either a fee simple (including fee farm) interest in possession or a leasehold interest in possession of such number of years unexpired at the date on which the loan under this section in respect of the house is authorised by the housing authority as is equal to or greater than the sum of the term fixed for the repayment of the loan and fifteen years.
Sale by Land Commission of land subject to charge in favour of housing authority.
41.—Where land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and—
(a) there is for the time being in force in relation to the land an instrument vesting an interest in the land in a housing authority for the purposes of securing a loan under this Chapter, or
(b) such land is subject to a charge in favour of the housing authority to secure a loan under this Chapter,
the land shall be sold subject to the instrument or charge and to the relevant provisions of this Chapter and any regulations under section 39 of this Act in addition to any charge, incumbrance or liability subject to which the land is, apart from this subsection, required by law to be sold.
Schemes for guarantees.
42.—(1) A housing authority may, in accordance with a scheme approved by the Minister, guarantee a loan or part of a loan by a building society, an assurance company, a bank or other industrial or commercial organisation for the erection, purchase or reconstruction of a house.
(2) The Minister, with the consent of the Minister for Finance, may recoup out of moneys provided by the Oireachtas, not more than fifty per cent. of the expenditure by a housing authority in meeting a guarantee under a scheme under this section if the Minister is satisfied—
(a) that the loan would not have been made if the guarantee had not been given or that the guarantee was given in relation to such part of the loan as represents the excess of the loan over the loan that would have been made if the guarantee had not been given, and
(b) that the amount paid by the housing authority in meeting the guarantee did not exceed two-thirds of the loss which arose from the making of the loan or of the part of the loan referred to in paragraph (a) of this subsection, as the case may be.
(3) The making of a scheme under this section shall be a reserved function.
(4) In this section—
“assurance company” has the same meaning as in the Insurance Act, 1936;
“building society” means a society to which the Building Societies Acts, 1874 to 1942, apply.
Guarantee of advances to builders.
43.—(1) Subject to subsection (2) of this section, a housing authority may guarantee an advance by any person to a person carrying out the erection or reconstruction of a house or the provision and installation of a private water supply or private sewerage facilities in respect of which a grant has been allocated under the Housing (Gaeltacht) Acts, 1929 to 1964, the Local Government (Sanitary Services) Act, 1962, or this Act.
(2) A guarantee under subsection (1) of this section may be subject to such terms and conditions as the housing authority think fit but, in respect of any house, shall not be for an amount exceeding the aggregate of the amount of the said grant together with the amount of the supplementary grant which an authority may make under the Local Government (Sanitary Services) Act, 1962, or this Act, in respect of the provision or reconstruction of the house or the provision and installation of the private water supply and sewerage facilities, as the case may be.
Chapter IV
Contributions by Minister to Certain Annual Loan Charges
Contributions by Minister to certain annual loan charges of housing authorities.
44.—(1) Subject to subsections (2) and (3) of this section and to such regulations as may be made by him for the purposes of this section, the Minister may, with the consent of the Minister for Finance, make, out of moneys provided by the Oireachtas, during such period not exceeding fifty years as the Minister may determine, a contribution towards the annual loan charges incurred by a housing authority in respect of money borrowed by them for—
(a) the provision under this Act of dwellings in respect of which a grant under section 15 of this Act has not been made, or
(b) the provision of sites for building purposes, provided that the Minister is satisfied that the work of developing the site commenced on or after the 1st day of July, 1965.
(2) In the case of dwellings mentioned in subsection (1) of this section, the following provisions shall apply as respects a contribution under subsection (1) of this section, other than a special contribution:
(a) the contribution shall not exceed sixty-six and two-thirds per cent. of such annual loan charges in case the Minister is satisfied that the dwellings are provided—
(i) after the commencement of this section, for the accommodation of elderly persons,
(ii) for the accommodation of persons displaced, whether before or after the commencement of this section, or to be displaced—
(I) by any of the operations of a housing authority under this Act,
(II) under section 77 of the Local Government (Planning and Development) Act, 1963, (including, in particular, any operations under an arrangement for the development of land made or carried out by a housing authority with a person or body under subsection (3) of the said section 77) or
(III) under section 3 of the Local Government (Sanitary Services) Act, 1964,
(iii) for the accommodation of persons displaced by the collapse or destruction of their former houses,
(iv) for the accommodation of persons living in overcrowded conditions,
(v) for the accommodation of persons who are in need of housing on medical, compassionate or other similar grounds if the circumstances of the persons would not permit them to be otherwise housed,
(b) the contribution shall not exceed thirty-three and one-third per cent. of such annual loan charges in any other case.
(3) In the case of sites for building purposes provided under this Act, a contribution under subsection (1) of this section shall not exceed thirty-three and one-third per cent. of such annual loan charges.
(4) Without prejudice to the generality of the power to make regulations for the purposes of this section, any such regulations may provide for all or any of the following conditions in respect of dwellings, sites for building purposes or other land, irrespective of whether or not a contribution towards annual loan charges is made under or by virtue of this Chapter in respect of the dwellings, sites or other land:
(a) conditions as to the rents of dwellings;
(b) conditions as to building standards;
(c) conditions for requiring contributions from the municipal or county rate (as may be appropriate) towards the costs incurred by a housing authority in respect of their housing services;
(d) conditions as to the maintenance of dwellings;
(e) conditions as to the sale or lease under this Act of dwellings or other land;
(f) conditions as to the development of sites for building purposes;
provided that regulations making provision for conditions mentioned in paragraph (e) of this subsection shall be made only after consultation with the Minister for Finance.
(5) Where before the commencement of this section a contribution was made or could, in the opinion of the Minister, have been made under an enactment repealed by this Act towards the annual loan charges in respect of money borrowed by a housing authority for the provision of dwellings, a contribution to those charges shall not be made under this section, but the contribution so made or which in the Minister's opinion could have been so made together with any further contribution which but for the repeal would fall to be made by the Minister under the enactment may, subject to subsections (6) and (7) of this section, be made by the Minister as if this Act had not been enacted.
(6) A contribution made by virtue of subsection (5) of this section may, if the Minister thinks fit, be so made subject to conditions including all or any of the conditions mentioned in paragraphs (a), (c), (d) or (e) of subsection (4) of this section.
(7) Every contribution to annual loan charges under or by virtue of this section may be made by the Minister either direct to the housing authority or on their behalf to the person from whom was borrowed the money in respect of which such loan charges were incurred.
(8) For the purposes of this section, the amount of any money borrowed by a housing authority for the provision of dwellings or of sites for building purposes shall be deemed not to exceed an amount calculated in the manner prescribed by regulations made by the Minister for the purposes of this section and a particular method of calculation may be prescribed in relation to dwellings or sites in a particular area or of a particular type, or dwellings requiring extra expenditure because of their location, site, design or form of construction.
(9) In this section, “a special contribution” means a contribution under subsection (1) of this section made by the Minister towards the annual loan charges incurred by a housing authority who are the council of a county in respect of a dwelling as respects which he is satisfied that it is a dwelling provided by the authority on or after the 1st day of October, 1963, in a rural area for the accommodation of a person who derives his livelihood or a substantial proportion thereof from the pursuit of agriculture and who occupies land the rateable valuation or the aggregate of the rateable valuations of which (exclusive of any buildings thereon) does not exceed five pounds.
Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes.
45.—(1) Subject to subsection (2) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister may, with the consent of the Minister for Finance, from time to time make, out of moneys provided by the Oireachtas, during such period not exceeding fifty years as the Minister may determine, a contribution towards the annual loan charges incurred by a body approved by the Minister for the purposes of this section in respect of money borrowed by them for the provision of dwellings or sites for building purposes to which this section applies.
(2) This section applies to dwellings and sites for building purposes in relation to which the Minister is unable to make a contribution by reason only of the fact that the dwellings or sites were provided other than by a housing authority.
(3) A contribution to annual loan charges made under this section shall not exceed in amount the maximum amount of the contribution which could be made by the Minister under section 44 of this Act if the dwellings or sites to which the contribution relates had been provided by a housing authority.
(4) Every contribution to annual loan charges under this section may be made by the Minister either direct to the body or on their behalf to the person from whom was borrowed the money in respect of which such loan charges were incurred.
Withholding or reduction in amount of contributions.
46.—If at any time the Minister is satisfied that a body approved by him for the purposes of section 45 of this Act or a housing authority has or have failed to observe any conditions subject to which a contribution towards annual loan charges is made under or by virtue of this Chapter, the Minister may reduce the amount of any such contribution, or suspend or discontinue its payment, as he thinks proper.
Payment by Minister in lieu of contributions to annual loan charges.
47.—(1) Where the Minister is entitled to make, but has not made, a contribution under this Chapter towards annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of section 45 of this Act, the Minister may, if he thinks fit, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the contribution pay to the borrower or to the person from whom the money was borrowed a sum of such amount as may be determined by the Minister but not exceeding the maximum contribution which the Minister is so entitled to make.
(2) Where a contribution has been made by the Minister under or by virtue of this Chapter towards the annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of the said section 45, the Minister may, if he thinks fit, at any time, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the further contributions, pay to the borrower or to the person from whom the money was borrowed a sum determined by the Minister to be equal to the capital value of the further contributions.
(3) Where the Minister has made a payment under this section and, as a condition of making the payment, has been given an undertaking which has not been complied with, the following provisions shall have effect:
(a) the authority or body shall be liable to repay to the Minister the amount of the payment; and
(b) the amount may be recovered by the Minister from the authority or body as a simple contract debt in any court of competent jurisdiction.
(4) Where a sum is due to a housing authority by the Minister and, at the same time, the authority is liable under subsection (3) of this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part.
(5) In this section, the “further contributions” means the contributions or contribution towards the annual loan charges incurred by a housing authority or by a body approved by the Minister for the purposes of the said section 45 in respect of borrowed money which, but for the making by the Minister of a payment in accordance with the provisions of subsection (2) of this section, would fall to be made by him under or by virtue of this Chapter.
Subsidy by Minister in respect of certain loan charges.
48.—(1) The Minister may, with the consent of the Minister for Finance, pay, out of moneys provided by the Oireachtas, to a housing authority in respect of money to which this section applies and borrowed by the authority, a subsidy (in this section referred to as the interest subsidy) equal to the difference between the loan charges incurred in respect of such money and the loan charges on the same amount calculated at such lesser rate or rates of interest as may be determined by the Minister.
(2) The interest subsidy shall neither be reckoned as a contribution to annual loan charges for the purposes of section 44 of this Act nor affect the amount of a contribution payable by virtue of subsection (5) of the said section 44.
(3) This section applies only to money borrowed for the purposes of the Housing of the Working Classes Acts, 1890 to 1958, or the Labourers Acts, 1883 to 1962, by a housing authority from the local loans fund on or after the 5th day of May, 1948, for the provision of houses, cottages or other housing accommodation to which, immediately before the commencement of this section, the Housing (Loan Charges Contributions) Regulations, 1932 to 1951, applied.
(4) In case the Minister has paid subsidy under section 15 of the Housing (Amendment) Act, 1958, during the financial year which commenced next before the commencement of this section, the interest subsidy as respects the money to which the subsidy under the said section 15 related shall not be paid during the said financial year.
Chapter V
Displacement Allowances
Power of housing authority to make allowances to certain persons displaced.
49.—(1) A housing authority may pay to any person displaced from premises by reason of—
(a) the acquisition by the authority of the premises for the purposes of this Act, or
(b) the service of a repairs notice, or the making of a closing order or a demolition order, or
(c) the carrying out of an undertaking which has been accepted under subsection (5) or (8) of section 66 of this Act by an authority,
such reasonable allowance as the authority think fit towards the expenses incurred by him in moving from the premises to other premises.
(2) In case a housing authority are of the opinion that a person to whom this subsection applies has suffered or will suffer hardship by reason of the displacement, the authority may, with the consent of the Minister, pay to him (in addition to an allowance under subsection (1) of this section) such reasonable allowance as they think fit towards—
(a) in case the person carries on any trade or business in the premises from which he is displaced—the loss which, in their opinion, the person will sustain by reason of the disturbance of his trade or business consequent upon his displacement, and
(b) in any other case—the loss which, in their opinion, the person will sustain by reason of his displacement.
(3) Subsection (2) of this section applies to a person mentioned in subsection (1) of this section who carries on any trade or business in the premises from which he is displaced, or who ordinarily resides in such premises for not less than six months prior to the displacement.
(4) In estimating the loss mentioned in paragraph (a) of subsection (2) of this section the housing authority shall have regard to the period for which the premises occupied by the person might reasonably have been expected to be available for the purpose of his trade or business and the availability of other premises suitable for that purpose.
Chapter VI
Stamp Duties
Remission of stamp duties on certain agreements, etc.
50.—No stamp duty shall be payable on any agreement, deed, or other instrument relating to a letting of a dwelling mentioned in subsection (3) of section 58 of this Act on a tenancy for a month or a less period than a month.
Amendment of section 12 of Finance Act, 1895.
51.—Where the compensation payable in respect of an interest which becomes vested in a housing authority by virtue of a vesting order is not finally ascertained at the time of such vesting, section 12 of the Finance Act, 1895, shall have effect, as respects the vesting of that interest, as if for the reference therein to the date of vesting there were substituted a reference to the date on which the compensation is finally ascertained.
Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949.
52.—(1) Subject to the following subsections of this section, this section applies to every instrument giving effect to the purchase of a house, flat or maisonette, upon the erection thereof.
(2) Section 13 of the Finance (No. 2) Act, 1947, and section 24 of the Finance Act, 1949, shall not apply to any instrument to which this section applies and, in lieu thereof, such stamp duties shall be chargeable as would have been chargeable if those sections had not been enacted.
(3) Subsection (2) of this section shall have effect if, but only if, there is endorsed on the instrument a certificate by a person authorised by the Minister for the purposes of this section that—
(a) a grant under section 2 or 7 of the Act of 1962 has been, or will, by virtue of subsection (2) of section 6 of this Act, be made, or
(b) a grant under section 15, 16, 17, 18 or 20 of this Act has been or will be made in respect of the house so purchased.
(4) Where—
(a) an instrument has been charged with stamp duty in accordance with the said section 13 or the said section 24,
(b) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and
(c) it is shown to the satisfaction of the Revenue Commissioners that there could properly have been endorsed on the instrument a certificate under subsection (3) of this section,
the instrument shall be deemed to have endorsed on it such certificate and to have been chargeable with duty accordingly, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped.
(5) In any such case as is referred to in subsection (4) of this section, the Revenue Commissioners may repay the difference between the amount of duty actually charged on the instrument and the amount deemed to be chargeable thereon by virtue of subsection (4) of this section, provided that the application for repayment is made within two years after the date of the instrument.
PART III
Provision and Management of Dwellings
Duty of housing authority to make inspection and to assess adequacy of supply and condition of housing.
53.—(1) It shall be the duty of a housing authority, within such period after the commencement of this section as may be specified by the Minister and thereafter either at least once in every five years or at such intervals, being less than five years, as the Minister may direct from time to time, to inspect the houses in their functional area and to ascertain—
(a) to what extent there exist in the area houses which are in any respect unfit or unsuitable for human habitation,
(b) any overcrowding existing in the area, and
(c) such other matters as the Minister may specify from time to time,
and having regard to the information obtained by the inspection, and such other information as may be relevant, to assess, as respects the area, the adequacy of the supply of housing and the prospective future demand for housing and to cause a report thereon to be prepared.
(2) For the purposes of the preparation of a report under this section, a housing authority shall make such enquiries and keep such records as may appear to them to be necessary or expedient, or which the Minister may direct.
Review by housing authority of cost of housing services.
54.—(1) It shall be the duty of a housing authority, within such period after the commencement of this section as may be specified by the Minister and thereafter at such intervals as the Minister may direct from time to time, to prepare a review of the cost of their housing services.
(2) In preparing a review under this section the housing authority shall have regard to the following:
(a) the income accruing from dwellings provided by the authority under this Act, whether from rents, purchase annuities or otherwise,
(b) the maintenance, management, administrative or other expenses (including annual loan charges) incurred in respect of such dwellings,
(c) the anticipated cost of the authority's current or proposed building programme, and
(d) such other matters as the Minister may specify from time to time.
(3) A review under this section shall be in such form and shall include such matters as may be specified by the Minister from time to time.
Building programmes.
55.—(1) It shall be the duty of a housing authority, within such period after the commencement of this section as may be specified by the Minister and thereafter either at least once in every five years or at such intervals, being less than five years, as the Minister may direct from time to time, to prepare and adopt a programme (in this Act referred to as a building programme) setting out the works which they propose to undertake having regard to the housing needs of their functional area.
(2) A building programme shall be in such form as the Minister may from time to time direct and shall include the proposals of the housing authority, as respects the period to which the programme relates, for the provision of houses, amenities, buildings and other land together with the ancillary works or services to be provided in connection therewith, together with the proposals of the authority for the assistance of persons providing houses for their own occupation, and for the execution of repair works, together with such other information as the Minister may require, and the housing authority may, if they think fit, include in the programme, an order of priorities relating to any one or more of the following:
(a) particular projects;
(b) projects in particular areas;
(c) projects to provide housing accommodation for particular categories of persons.
(3) In preparing a building programme, a housing authority shall have regard to the following objectives:
(a) the repair, closure or demolition of houses which are unfit or unsuitable for human habitation;
(b) the elimination of overcrowding;
(c) the provision of adequate and suitable housing accommodation for persons (including elderly or disabled persons) who, in the opinion of the authority, are in need of and are unable to provide such accommodation from their own resources;
(d) the provision of adequate housing accommodation to meet needs arising from the obsolescence of dwellings or the prospective increase in the population;
(e) the provision of adequate and suitable sites for building purposes;
(f) the securing of the objectives contained in a development plan under the Local Government (Planning and Development) Act, 1963, for the area which comprises or includes, as the case may be, the functional area of the authority;
(g) the encouragement by the authority of the provision by persons of houses for owner-occupation by the owner or for letting.
(4) Where a housing authority have prepared and adopted a building programme they shall review the programme from time to time as the Minister or occasion may require and make in it and adopt any variations which they consider proper.
(5) The adoption under this section of either a building programme or a variation in a building programme shall each be a reserved function.
Provision of dwellings.
56.—(1) A housing authority may erect, acquire, purchase, convert or reconstruct, lease or otherwise provide dwellings (including houses, flats, maisonettes and hostels) and such dwellings may be temporary or permanent.
(2) A housing authority may, in connection with dwellings provided, to be provided or which in the opinion of the authority will in the future require to be provided under this Act, provide and, if they think fit, maintain in good order and repair roads, shops, playgrounds, places of recreation, parks, allotments, open spaces, sites for places of worship, factories, schools, offices and other buildings or land and such other works or services, as will, in the opinion of the authority, serve a beneficial purpose either in connection with the requirements of the persons for whom the dwellings are provided or in connection with the requirements of those persons and of other persons.
Power of housing authority to provide building sites.
57.—A housing authority may provide sites for building purposes on land acquired or appropriated by them for purposes of this Act and in connection with the provision of such sites may construct roads and lay out open spaces on the land and provide such other services and carry out such other works as may be necessary for or incidental to the development of the land for building purposes, including works or services necessary for or incidental to the development of the land for places of worship, factories, schools, shops, offices, playgrounds, places of recreation, parks and open spaces.
Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith.
58.—(1) Subject to the following provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, the management and control of any dwelling, building or other land of which a housing authority are the owner and of any works or services, provided by the authority under this Act, shall be vested in and exercised by the authority.
(2) A housing authority may reconstruct, enlarge or improve any dwelling or other building of which they are the owner.
(3) Subject to the said regulations, a housing authority may as respects a dwelling provided under this Act of which they are the owner charge such rent or other payment for the tenancy or occupation thereof as they may determine from time to time and as respects any buildings or other land or works or services provided under this Act the authority may make such charge, whether by way of rent or otherwise, as they shall think fit.
(4) Without prejudice to the generality of subsection (1) of this section, regulations made by the Minister for the purposes of this section may provide for all or any of the following matters:
(a) the maximum number of persons who shall be permitted to occupy dwellings to which the regulations apply on any letting;
(b) the terms and conditions to be included in any agreement under which any person is permitted to occupy or use such dwellings;
(c) matters to which a housing authority shall have regard in determining rents;
(d) such other matters as the Minister may consider necessary or expedient for the purpose of securing the proper and efficient management of such dwellings.
(5) The Land Law (Ireland) Act, 1881, shall not apply as respects the letting by a housing authority of an allotment provided under section 56 of this Act, and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month.
Amendment of section 1 of Local Government (Rates on Small Dwellings) Act, 1928.
59.—Subsection (3) of section 1 of the Local Government (Rates on Small Dwellings) Act, 1928, shall be construed as if the references to houses or cottages included references to dwellings provided under this Act.
Duty of housing authority to make scheme of priorities for letting housing accommodation.
60.—(1) It shall be the duty of a housing authority to make in accordance with this section within one year from the commencement hereof and thereafter from time to time as they shall think fit, a scheme determining the priorities to be accorded to categories of persons specified in the scheme in the letting of dwellings provided by the authority under this Act and of which they are the owner.
(2) Where a housing authority have made a scheme under this section, they may from time to time review the scheme and make in it any amendments which they consider proper.
(3) In making or amending a scheme under this section the housing authority shall have regard to the following primary objectives:
(a) the repair, closure or demolition of houses which are unfit in any respect for human habitation;
(b) the elimination of overcrowding;
(c) the provision of adequate and suitable housing accommodation for persons (including elderly or disabled persons) who, in the opinion of the housing authority are in need of and are unable to provide such accommodation from their own resources;
(d) the provision of adequate and suitable housing accommodation for persons suffering from pulmonary tuberculosis.
(4) A scheme made under this section may specify that particular priorities shall be accorded to particular categories of persons in the letting of particular dwellings.
(5) A scheme under this section, or an amendment to any such scheme, shall be made only with the approval of the Minister.
(6) The Minister may from time to time require a housing authority as respects any matter in a scheme made under this section to vary the scheme in a manner directed by him and thereupon it shall be the duty of the authority to comply with the direction within such time as may be specified by the Minister in that behalf, and this subsection shall neither be construed nor operate to enable the Minister to direct the letting of a dwelling to any individual person.
(7) Whenever a scheme under this section comes into force the following shall apply:
(a) regulations which, immediately before the scheme came into force, applied in respect of dwellings to which the scheme relates, shall, in so far as they provide for the determination of preferences or priorities to be accorded to persons in the letting of the dwellings, cease to have effect;
(b) lettings by the housing authority of dwellings to which the scheme relates shall be in accordance with the provisions of the scheme.
(8) For the purpose of determining the order of priority to be followed in the making of lettings to persons in accordance with the relevant scheme under this section the housing authority shall obtain and have regard to a report from their chief medical officer.
(9) A housing authority shall, upon request, permit a scheme made by them under this section to be inspected during office hours by any person.
(10) The making of a scheme under this section or an amendment to any such scheme shall be a reserved function.
Requiring information from tenants and persons applying for tenancies.
61.—(1) A housing authority may, for the purposes of enabling them to determine the rent that shall be payable by a person to whom they have let or who has applied to have let to him a dwelling provided under this Act, require the person to furnish to the authority, within a specified period ending not less than fourteen days after being so required, particulars in writing of the following matters:
(a) the number of members of the person's family residing with him, together with their ages, sex, occupations and conditions of health;
(b) the weekly income of the person and of each of the members of his family residing with him;
(c) any assistance, benefit or allowance received by or on behalf of the person or a member of his family residing with him from state funds or under the Public Assistance Act, 1939, the Health Acts, 1947 to 1960, or from any other source whatsoever;
(d) the means of transport available to bring such person and the members of his family residing with him to their places of work, or in the case of children, to school and the cost of such transport;
(e) the terms upon which premises are occupied by him, the amount of rent payable in respect of such premises and the name and address of the person to whom such rent is payable.
(2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing, makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.
Recovery of possession of dwellings and other buildings.
62.—(1) In case,
(a) there is no tenancy in—
(i) a dwelling provided by a housing authority under this Act,
(ii) any building or part of a building of which the authority are the owner and which is required by them for the purposes of this Act, or
(iii) a dwelling of which the National Building Agency Limited is the owner,
whether by reason of the termination of a tenancy or otherwise, and
(b) there is an occupier of the dwelling or building or any part thereof who neglects or refuses to deliver up possession of the dwelling or building or part thereof on a demand being made therefor by the authority or Agency, as the case may be, and
(c) there is a statement in the demand of the intention of the authority or Agency to make application under this subsection in the event of the requirements of the demand not being complied with,
the authority or Agency may (without prejudice to any other method of recovering possession) apply to the justice of the District Court having jurisdiction in the district court district in which the dwelling or building is situate for the issue of a warrant under this section.
(2) Where—
(a) the rent of any dwelling let by a housing authority under this Act or by the National Building Agency Limited either on a monthly tenancy or on a tenancy for a less period than a month, is in arrears for a period of not less than one month, and
(b) the dwelling is, in the opinion of the authority or the Agency, as the case may be, abandoned by the person to whom it was so let, and
(c) the dwelling is not actually occupied by any person,
the authority or the Agency may give to the person to whom the dwelling was so let notice, being of not less duration than that which would be required to terminate the tenancy by notice to quit, of their intention to resume possession of the dwelling andin case notice is duly given under this subsection and if, but only if, at the expiration of the notice the said rent in arrears is unpaid, the authority or Agency may resume possession of the dwelling and thereupon the tenancy therein shall by virtue of this subsection terminate.
(3) Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the demand mentioned in the said subsection (1) has been duly made, issue the warrant.
(4) The provisions of sections 86, 87, and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection (1) of this section, the name of the occupier of a dwelling or building or part thereof cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the occupier” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.
(5) In any proceedings for the recovery of possession of a dwelling or building or part thereof mentioned in subsection (1) of this section, a document purporting to be the relevant tenancy agreement produced by the body by whom the proceedings are brought shall be prima facie evidence of the agreement and it shall not be necessary to prove any signature on the document and in case there is no tenancy in the premises to which the proceedings relate by reason of the termination of a tenancy by notice to quit and the person to whom such notice was given is the person against whom the proceedings are brought, the following additional provisions shall apply:
(a) any demand or requirement contained in such notice that the person deliver up possession of the said premises to the authority or the Agency, shall be a sufficient demand for the purposes of paragraph (b) of the said subsection (1); and
(b) any statement in the said notice of the intention of the authority or the Agency to make application under subsection (1) of this section in respect of the premises shall be a sufficient statement for the purposes of paragraph (c) of the said subsection (1).
(6) Nothing in the Landlord and Tenant Acts, 1931 and 1958, or the Rent Restrictions Act, 1960, shall be deemed to affect the provisions of this Act relating to the obtaining of possession of a dwelling or building or part thereof mentioned in subsection (1) of this section.
PART IV
Overcrowded and Unfit Houses
Definition of “overcrowding”.
63.—A house shall for the purposes of this Act be deemed to be overcrowded at any time when the number of persons ordinarily sleeping in the house and the number of rooms therein either—
(a) are such that any two of those persons, being persons of ten years of age or more of opposite sexes and not being persons living together as husband and wife, must sleep in the same room, or
(b) are such that the free air space in any room used as a sleeping apartment, for any person is less than four hundred cubic feet (the height of the room, if it exceeds eight feet, being taken to be eight feet, for the purpose of calculating free air space),
and “overcrowding” shall be construed accordingly.
Obligation to give particulars relating to a house.
64.—(1) A housing authority may for the purposes of this Part of this Act by notice in writing require the owner or occupier of a house to state in writing to the authority, within a period specified in the notice, being not less than fourteen days beginning on the date of the notice, the following particulars:
(a) the total number and the dimensions of the rooms in the house;
(b) the purpose for which each such room is currently used;
(c) the number of occupants in the house on a date specified in the notice;
(d) the sanitary and cooking facilities available to such occupants; and
(e) such other particulars relating to the house as the authority may specify in the notice.
(2) Any person who is required by a notice under this section to state in writing any matter or thing to a housing authority and either fails to state such matter or thing within the period specified in the notice or, when so stating such matter or thing, makes any statement which to his knowledge is false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.
Overcrowded houses.
65.—(1) A housing authority may, if they think fit, serve on the owner of a house a notice in writing specifying the maximum number and categories of persons, by whom, having regard to section 63 of this Act, the house or any room therein may at any time be occupied without causing overcrowding, and the authority may, as respects any notice served under this section, require the owner on whom it is served to publish, in such manner as the authority may specify, the contents of the notice.
(2) Where the owner of a house is causing or permitting the house to be overcrowded, the housing authority may, if they think fit, serve on such owner a notice in writing requiring him to desist from causing or permitting such overcrowding and specifying the period, being not less than twenty-one days beginning on the date of the notice, within which, or the event after the occurrence of which, the requirements of the notice are to be complied with.
(3) Any person who neglects or refuses to comply with a requirement of a housing authority to publish the contents of a notice under subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.
(4) Where a notice has been served under subsection (2) of this section and the person on whom the notice has been served, at any time after the expiration of the period or the occurrence of the event specified in the notice, causes or permits the house to which the notice relates to be overcrowded, he shall, subject to subsection (5) of this section, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and imprisonment.
(5) Where a house which would not otherwise be overcrowded becomes overcrowded by reason of the increase in the age or in the number of children of the person by whom the house is occupied, the owner of the house shall not be guilty of an offence under subsection (4) of this section.
(6) Notwithstanding subsection (1) of section 121 of this Act, on the commencement of this section bye-laws made under section 62 of the Housing of the Working Classes Act, 1890, or section 20 of the Housing (Ireland) Act, 1919, shall, in so far as they relate to overcrowding, cease to have effect.
Unfit houses.
66.—(1) Where a housing authority are of opinion that a house is unfit for human habitation in any respect, the authority shall, unless they are also of opinion that the house is not capable of being rendered so fit in such respect at a reasonable expense, serve on the owner of the house and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house whether as mortgagee, tenant or otherwise, a notice in writing (in this Act referred to as a repairs notice) specifying the matters in respect of which it is alleged that the house is unfit for human habitation and requiring the owner to execute, within a period specified in the notice, being not less than twenty-eight days beginning on the date of the notice, such works as may be necessary to make the house, as respects the matters specified in the notice, fit for human habitation, and in particular, a repairs notice may, if the authority think fit, specify the works which are, in the opinion of the authority, necessary to make the house so fit for human habitation or to prevent the structure of the house deteriorating, and such owner, his servants or agents shall carry out the works necessary to comply with the requirements of the notice and may, for that purpose, enter on any land.
(2) The housing authority in considering whether a house is unfit for human habitation shall have regard to the extent (if any) to which the house is deficient as respects each of the matters set out in the Second Schedule to this Act.
(3) The housing authority shall, in determining for the purposes of this section whether a house is in any respect capable of being rendered fit for human habitation at a reasonable expense, have regard to the estimated cost of, and the increase in the value of the house which the authority estimate will be attributable to, rendering the house so fit.
(4) Where the housing authority are of opinion that a house is unfit for human habitation in any respect and is not capable of being rendered so fit in such respect at a reasonable expense, they shall serve upon the owner of the house and, in so far as it is reasonably practicable to ascertain such persons, on any other person having an interest in the house, whether as mortgagee, tenant or otherwise, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future use of the house, which the owner may wish to submit will be considered by the authority, and every such person shall be entitled to be heard when the matter is so considered.
(5) Where a housing authority have served a notice under subsection (4) of this section, they may, if they think fit, after consultation with the owner of or any person having an interest in the house to which the notice relates, accept an undertaking from him, either that he will within a period specified in the undertaking carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or that the house shall not be used for human habitation until the authority, on being satisfied that it has been rendered fit for the purpose, cancel the undertaking.
(6) In case no undertaking is accepted under subsection (5) of this section by the housing authority, or in case an undertaking has been accepted and any work to which the undertaking relates is not carried out within the period specified in the undertaking, or in case the house is at any time used in contravention of the terms of the undertaking, the authority shall forthwith make one of the following:
(a) an order (in this Act referred to as a closing order) prohibiting the use of the house or any part of the house, for any purpose specified by the housing authority in the order; or
(b) an order (in this Act referred to as a demolition order) requiring, in case an undertaking is so accepted, the person giving the undertaking, or, in any other case, the owner of the house, to do the following:
(i) within a period specified in the order, being not less than twenty-eight days beginning on the date of the order, to vacate the house or cause the same to be vacated and upon such vacation, to secure the house against re-occupation; and
(ii) within six weeks after the expiration of the period so specified, or if the house is not vacated within such period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the particular circumstances the housing authority consider reasonable to specify, to demolish the house and clear and level the site thereof and remove any debris therefrom and, if the authority think fit, to erect a wall or barrier between any open road, street or public place,and any person, his servants or agents, may, for the purpose of complying with the requirements of the demolition order, enter on any land.
(7) A demolition order may, as respects any works the execution of which is necessary for compliance with the requirements of the order, require that the works be carried out in accordance with such conditions, if any, specified in the order as the authority think appropriate and in such manner as may be specified in the order.
(8) Where a housing authority have made a demolition order in respect of a house, the authority may, if they think fit, accept from the owner or from any other person having an interest in the house, an undertaking that the house or any part thereof shall thenceforth be used solely for a purpose other than human habitation and specified in the undertaking.
(9) In case a housing authority accept an undertaking under subsection (8) of this section, the following provisions shall apply:
(a) the authority shall, as respects the house or part thereof to which the undertaking relates, thereupon make a closing order under subsection (6) of this section;
(b) upon the making of the closing order the demolition order mentioned in the said subsection (8) shall—
(i) in case it is already operative, cease to be operative,
(ii) in case it has not become operative, remain inoperative,
for so long as, but only for as long as, the closing order remains operative; and
(c) if the house or any part thereof is at any time used in contravention of the terms of the undertaking, the authority shall, notwithstanding subsection (10) of this section, forthwith determine the closing order.
(10) Where a housing authority have made a closing order in respect of a house, the authority may, at any time not less than six months after the making of the order, determine the order and make a demolition order in respect of the house.
(11) Where a housing authority are satisfied that the premises to which a closing order relates or part of such premises have or has been rendered fit for human habitation—
(a) in case the authority are so satisfied as respects such premises, they shall determine the order, or
(b) in case the authority are so satisfied as respects part of such premises, they may, if they think fit, determine the order in so far as it relates to that part,
and notwithstanding paragraph (b) of subsection (9) of this section, a demolition order shall not become operative by reason only of the fact that the authority have determined a closing order under this subsection.
(12) A housing authority shall, as soon as may be after making a closing order or demolition order or determining a closing order either in whole or in part, serve a copy of the order or notice in writing of the determination on the owner of the house, and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house.
(13) For the purposes of this Part of this Act, a repairs notice, demolition order or closing order shall become operative;
(a) in case an appeal is made under section 72 of this Act against the notice or order and the court, on such appeal, confirms the notice or order with or without modifications, alterations or additions—on the determination of the appeal by the court or on such other date as the court may decide,
(b) in any other case—on the expiration of the period ending twenty-one days after the date of the service of the notice or the copy of the order.
(14) Whenever a demolition order has become operative, the housing authority shall serve on the occupier of the house to which the order relates a notice in writing stating the effect of the order and specifying the date by which the order requires the house to be vacated and requiring him to quit the house before the said date or before the expiration of twenty-eight days from the service of the notice, whichever is the later, and if at any time after the date on which the notice requires the house to be vacated any person is in occupation of the house, or of any part thereof, the authority or the owner of the house may apply to the justice of the District Court having jurisdiction in the district court district in which the house is situate for the issue of a warrant under this section.
(15) Upon hearing an application duly made under subsection (14) of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the notice required by this section has been duly given and the requirement of the notice has not been complied with, issue the warrant.
(16) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section and the warrant when so issued shall have the same effect as a warrant under the said section 86.
(17) Nothing in the Landlord and Tenant Acts, 1931 and 1958, or the Rent Restrictions Act, 1960, shall, as respects premises to which a repairs notice, closing order, demolition order or undertaking accepted under this section relates, prevent—
(a) the owner of the premises,
(b) the person from whom the undertaking was accepted, or
(c) the housing authority,
from obtaining possession of the said premises.
Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking.
67.—(1) Whenever a repairs notice, a closing order or a demolition order has become operative or a housing authority have accepted an undertaking under subsection (5) or (8) of section 66 of this Act, the authority may affix to or near the premises to which the notice, order or undertaking relates, a notice complying with the requirements of subsection (2) of this section.
(2) A notice affixed under the foregoing subsection shall, state that the repairs notice, closing order or demolition order has become operative or that the undertaking has been accepted by the housing authority, as the case may be, specify the premises to which the order or undertaking relates and state the penalties which may be imposed under subsection (1) or (2) of section 68 of this Act in respect of the use or permitted use of the premises in contravention of the said section 68, together with the substance of subsection (3) of this section.
(3) A person who defaces a notice affixed under this section, or who, without lawful authority, removes the notice, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.
Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.
68.—(1) Any person who, knowing that a repairs notice has been served and applies to a house and that the notice has not been complied with, uses the house for human habitation at a time immediately before which the house was vacant, or permits it to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds, or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.
(2) Any person who, knowing that a closing order or a demolition order has become operative and applies to a premises, or that an undertaking has been accepted under this Part of this Act that premises shall not be used or shall be used only for certain purposes specified in the undertaking, uses the premises in contravention of the terms of the order or undertaking, or permits them to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.
(3) Where—
(a) a person has been convicted of an offence under subsection (1) of this section in relation to a repairs notice or under subsection (2) of this section in relation to a closing order, a demolition order or an undertaking,
(b) after the date of the conviction the person, in case he has been convicted under subsection (1) of this section, uses or permits to be used for human habitation premises to which the notice relates, or in case he has been convicted under subsection (2) of this section, uses or permits to be used premises to which the order or undertaking relates in contravention of the terms of the order or the undertaking,
(c) at the time of such user the notice has not been complied with or the order or undertaking is, as respects the premises so used or permitted to be so used, still in force,
the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(4) An offence under subsection (3) of this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.
(5) In any proceedings under this section against a person for permitting the use for human habitation of premises to which a repairs notice, a closing order, a demolition order or an undertaking applies, it shall be presumed that the person permitted such use unless, without prejudice to any other defence, he shows that he did not receive, directly or indirectly, any payment or other valuable consideration in respect of the use and that he took appropriate action to terminate the use.
(6) Where a closing order or demolition order has become operative in respect of premises or an undertaking has been accepted as aforesaid that a premises shall not be used for certain purposes specified in the undertaking, it shall not be lawful for any person to require the payment of any sum or the giving of any valuable consideration in respect of the use of the premises in contravention of the terms of the order or undertaking, and where such payment or consideration is made or given in respect of any such use the amount or value thereof may be recovered as a simple contract debt in any court of competent jurisdiction.
Enforcement of repairs notice or demolition order.
69.—(1) If the requirements of a repairs notice or demolition order have not been complied with in any respect, then, after the expiration of the period for compliance specified in the notice or order, or if an appeal has been made under section 72 of this Act against the notice or order and upon the appeal the notice or order has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal or of such longer period as the court may in determining the appeal allow, the following provisions shall apply:
(a) the owner of the house to which the notice or order relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds, and
(b) the housing authority may do anything required to be done by the notice or order, or by the notice or order as varied by the court, and for that purpose the authority, their servants or agents may enter any land.
(2) Where a housing authority are about to enter a house for the purpose of doing any works under subsection (1) of this section, the authority may give notice of their intention to do so to the owner of the house and, at their discretion, to any other person having an interest in the house whether as mortgagee, tenant or otherwise, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the said works in order to obviate danger to occupants of the house.
Bye-laws in relation to rented houses.
70.—(1) A housing authority shall, in relation to houses let for rent or other valuable consideration, make bye-laws for the following purposes:
(a) to ensure the provision as respects the house of proper drainage, ventilation and lighting;
(b) to ensure the execution of any repairs necessary to maintain the structure of the house;
(c) to ensure provision in the house of such closet accommodation, water supplies, washing accommodation and accommodation for the storage, preparation and cooking of food, as shall be adequate for the use of and shall be readily accessible to each family occupying the house;
(d) to ensure that there is maintained as respects the house an adequate standard of cleanliness.
(2) A person who contravenes a bye-law under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds and, in the case of a continuing offence, to a fine not exceeding five pounds for each day on which the offence is continued.
(3) If in relation to a house the requirements of any bye-law made under this section have not been complied with in any respect, the housing authority may, at any time after giving not less than twenty-one days' notice in writing to the owner of the house, do anything necessary to comply with the requirements of the bye-law and for that purpose the authority, their servants or agents may enter on any land.
(4) The provisions of sections 221 and 223 of the Public Health (Ireland) Act, 1878, shall apply to bye-laws made under this section in the same manner as they apply to bye-laws made under that Act.
(5) In case bye-laws made under section 20 of the Housing (Ireland) Act, 1919, are in force in the area of a housing authority in respect of any matter mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of this section, the obligation of the authority under the said subsection (1) shall, for so long as such bye-laws remain in force, not have effect.
Recovery of expenses of repair and demolition, etc.
71.—(1) Where any expenses have been incurred by a housing authority under subsection (14) of section 66, section 69 or section 70 of this Act in relation to a house, the authority may make a demand in writing of the owner of the house for payment thereof and if after the expiration of fourteen days from the date of the demand, the expenses or any part thereof have not been paid or an offer by the owner to pay the expenses in instalments or otherwise has not been accepted by the authority, the amount which is unpaid together with interest, at the rate of interest at which the authority can, on the date when the demand is made, borrow from the local loans fund, may, without prejudice to any other method of recovery, be recovered either in whole or in part by the authority in one or more of the following ways:
(a) by the sale by the authority of any materials resulting from any works carried out by the authority in relation to the house and the retention by them of so much of the proceeds of the sale as is equal to the amount of such expenses, with interest;
(b) by requiring the occupier of the house (whether the occupation commenced before or after any of the expenses were incurred by the authority) to pay to the authority any rent or payment in lieu of rent then due or thereafter to become due by him until the amount of the expenses with any interest due thereon is paid to the authority, or in case the house is or becomes vacant, by letting the same, until the said amount is so paid, on such terms and conditions as the authority think fit, provided that the authority shall serve on the owner of the house not less than twenty-one days' notice either, as may be appropriate, of their intention to require the occupier to pay to them any rent or other payment so due, or of the terms and conditions upon which they propose so to let the house or of any variation which they propose to make in such terms and conditions;
(c) by making an order (in this section referred to as a charging order) charging the house and, at the discretion of the housing authority, all other premises held therewith by the same tenure or under the same tenancy, with the amount of the expenses, with interest thereon;
(d) by recovery from the owner of the house or the person receiving the rent of the house as a simple contract debt in a court of competent jurisdiction, provided that, if the person proves that he is receiving the rent merely as an agent or trustee for some other person, and has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.
(2) Any surplus moneys arising on a sale pursuant to paragraph (a) of subsection (1) of this section shall be paid by the housing authority to the owner of the house, or if there is more than one owner, to each such owner in such proportions as the owners may agree, or (in default of agreement) as the justice of the District Court, having jurisdiction in the district court district in which the house is situate may, on the application of any such owner, determine.
(3) The service of a notice under paragraph (b) of the said subsection (1) upon an owner shall operate to transfer to the housing authority the exclusive right to recover, receive and give a discharge for the rent or other payment payable by virtue of the said subsection (1) to the authority and if at any time during the period when the rent or other payment is so receivable by the authority, the owner, after being requested by the authority, refuses to execute as respects the house any maintenance or other works for which he as owner is liable, the authority may execute the works and any expenses incurred by the authority in executing the works shall be recoverable by the authority in like manner as if such expenses were expenses incurred by the authority under the said subsection (14) of section 66, the said section 69 or the said section 70 in relation to the house.
(4) A charging order shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911, and the housing authority shall be the mortgagees for the purposes of those Acts and shall accordingly have, in relation to every charging order, all the powers conferred by those Acts on mortgagees under mortgages made by deed.
(5) Wherever a housing authority make a charging order they shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or by the registering authority, as the case may require.
(6) A charging order affecting land registered by the registering authority shall be registerable by that authority as a burden affecting such land whether the person named in such order as the owner or the occupier of the land is or is not registered by the said authority as the owner of such land.
(7) Where—
(a) land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and
(b) such land is subject to a charging order,
the land shall be sold subject to the charge created by the order in addition to any other charge, encumbrance, or liability subject to which such land is, apart from this subsection, required by law to be sold.
(8) In calculating expenses described in this section, any costs incidental to the recovery of the amount due, including costs in relation to proceedings in the District Court or in relation to the registration of a charging order in the Registry of Deeds or by the registering authority, shall be included by the housing authority, and the amount of a grant made under any enactment (including this Act) in respect of works to which the expenses relate, together with, if the housing authority think fit, the amount of any supplementary grant which could be made by the housing authority in respect of the works, shall be deducted by the housing authority.
Appeals.
72.—(1) Any person aggrieved by—
(a) a repairs notice, a closing order, a demolition order, or a refusal to determine a closing order,
(b) a charging order under paragraph (c) of subsection (1) of section 71 of this Act,
(c) a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order,
(d) a requirement that a rent or a payment in lieu of rent be paid to a housing authority, a notice or a letting under or by virtue of paragraph (b) of subsection (1) of section 71 of this Act,
may, within the period ending twenty-one days after the date of the service of the notice or copy of the order, the making of the demand, or after the refusal, as the case may be, appeal to the Circuit Court;
Provided that—
(i) on an appeal in relation to a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order, no question shall be raised which might have been raised on an appeal against the notice or order, and
(ii) no appeal shall lie under paragraph (a) of this subsection in relation to a closing order at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.
(2) On the hearing of any appeal under this section, the Circuit Court may, as it thinks proper,—
(a) confirm the notice, demand, order, refusal, letting or requirement unconditionally,
(b) confirm the notice, demand, order, letting or requirement, subject to such modifications, alterations or additions as the Court thinks reasonable,
(c) annul the notice, demand, order, letting or requirement, or
(d) determine the closing order.
(3) The Circuit Court may accept such undertaking as might have been accepted by the housing authority, and any undertaking so accepted by the Circuit Court shall have the like effect as if such undertaking had been given to and accepted by the housing authority under this Part of this Act.
(4) Where the Circuit Court annuls a repairs notice it shall, if requested by the housing authority so to do, include in its judgment a finding whether the premises can or cannot be rendered fit for human habitation at a reasonable expense.
Power of Circuit Court to determine lease of house in respect of which demolition order is made.
73.—(1) Where a housing authority have made a demolition order in respect of a house and the authority have not accepted an undertaking under subsection (8) of section 66 of this Act, and the house forms the subject matter of a lease, either the lessor or the lessee may apply to the Circuit Court for an order determining the lease.
(2) Upon any application under subsection (1) of this section the Circuit Court, after giving to any sub-lessee an opportunity of being heard, may, if it thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as the court may think just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case.
(3) In this section, “lease” includes an underlease and any tenancy or any agreement for a lease, under-lease, or tenancy, and “lessor”, “lessee”, and “sub-lessee” shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee.
Action under section 65, 66 or 69 of Act not to prejudice other remedies.
74.—No action taken under section 65, 66 or 69 of this Act shall prejudice or affect any other powers (including a power under this Act) of the housing authority or any remedy available to a tenant against a landlord, or to a landlord against a tenant, either at common law or otherwise.
PART V
Acquisition of Land, etc.
Definitions for purposes of Part V and Third Schedule.
75.—In this Part and the Third Schedule to this Act—
(a) references to the Lands Clauses Acts shall be construed as references to those Acts (other than the Acquisition of Land (Assessment of Compensation) Act, 1919) as amended by the Second Schedule to the Act of 1890 and this Act;
(b) “the Acquisition of Land (Assessment of Compensation) Act, 1919”, means the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925, the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963;
(c) “the Act of 1890” means the Housing of the Working Classes Act, 1890;
(d) “house” means a building which is—
(i) wholly or principally used on the relevant date for human habitation, or
(ii) neither wholly nor principally used for human habitation on the relevant date but which, when last wholly or principally used, was so used for human habitation,
and includes any yard, outoffices or appurtenances, garden or other land belonging thereto or usually enjoyed therewith;
(e) “owner” means in relation to land a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term whereof exceeds three years;
(f) “relevant date” means in relation to a house the date on which the notice as respects the making of the compulsory purchase order relating to the house is published in accordance with article 4 of the said Third Schedule.
Procedure for compulsory acquisition of land.
76.—A housing authority acquiring land compulsorily for the purposes of this Act may be authorised to do so by means of a compulsory purchase order made by the authority and submitted to and confirmed by the Minister in accordance with the provisions contained in the Third Schedule to this Act.
Compulsory acquisition of land not immediately required.
77.—A housing authority may be authorised to acquire compulsorily for the purposes, and in accordance with section 76, of this Act, land not immediately required for those purposes, provided that the Minister is of opinion that there is reasonable expectation that the land will be required by the authority in the future in order to attain any of the objectives to which they are required by subsection (3) of section 55 of this Act to have regard in preparing a building programme.
Validity and date of operation of compulsory purchase orders.
78.—(1) As soon as may be after the Minister has made a confirmation order confirming a compulsory purchase order, whether in respect of all or part of the land to which the compulsory purchase order relates, the housing authority shall publish in a newspaper circulating in their functional area a notice in the prescribed form stating that the compulsory purchase order has been confirmed as respects all or part of the land, as the case may be, and naming a place where a copy of the compulsory purchase order as so confirmed and of the map referred to therein may be seen at all reasonable times and shall serve a like notice on every person having an interest in the land as respects which the compulsory purchase order has been confirmed who, having given notice to the Minister of his objection to the compulsory purchase order, appeared at the local public inquiry in support of his objection.
(2) If any person aggrieved by a compulsory purchase order which has been confirmed by the Minister (whether in respect of all or part of the land to which the compulsory purchase order relates) desires to question its validity he may, not later than three weeks after the publication of notice of the confirmation order, make an application for the purpose to the High Court, and where any such application is duly made the court—
(a) may by interim order suspend the operation of the compulsory purchase order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;
(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.
(3) A compulsory purchase order as confirmed by a confirmation order shall—
(a) as respects the land to which the confirmation order relates;
(i) in case no application mentioned in subsection (2) of this section is made or in case such application is withdrawn—become operative at the expiration of the period ending twenty-one days after the notice required by subsection (1) of this section is published, or the withdrawal of the application, or
(ii) in case such an application is made and is not withdrawn, and the court decides neither to quash the order as confirmed as aforesaid, nor to quash the order in so far only as it affects any property of the applicant—become operative on the date of the determination of the application,
(b) in case an application mentioned in subsection (2) of this section is made and is not withdrawn, and the court decides to quash the order in so far only as it affects any property of the applicant—become operative, on the date of the determination of the application, in so far as it affects any property other than the said property of the applicant.
(4) Subject to the provisions of subsection (2) of this section, a person shall not question a compulsory purchase order by prohibition or certiorari or in any legal proceedings whatsoever.
(5) So soon as may be after a compulsory purchase order has become operative, the housing authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation.
Notice to treat.
79.—(1) Where a compulsory purchase order made and confirmed under this Act has become operative and the housing authority decide to acquire land to which the order relates, the authority shall serve a notice (in this Part referred to as a notice to treat) on every owner, lessee and occupier of the land (except tenants for a month or a less period than a month) stating that they are willing to treat for the purchase of the several interests in the land and requiring each such owner, lessee and occupier to state within a specified period (not being less than one month from the date of service of the notice to treat) the exact nature of the interest in respect of which compensation is claimed by him and details of the compensation claimed, and, if the authority so require, distinguishing separate amounts of the compensation in such manner as may be specified in the notice to treat and showing how each such amount is calculated.
(2) A notice to treat served under subsection (1) of this section shall be deemed to be a notice to treat for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919.
Power of entry on, taking possession and use of land.
80.—(1) Where a housing authority are by a compulsory purchase order made and confirmed under this Act authorised to acquire land compulsorily for the purposes of this Act, the authority may, at any time after the service of notices to treat in respect of the land, on giving not less than fourteen days' notice in writing to every owner, lessee and occupier of the land, enter on, take possession of and use the land or such part thereof as may be specified in the notice without previous consent of any such owner, lessee or occupier or compliance with the provisions of the Lands Clauses Acts relating to entry on lands and the authority shall be liable to the payment of the like compensation as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the date of such entry.
(2) Where a housing authority—
(a) agree to purchase land and the purposes for which the land is being acquired are purposes of this Act, or
(b) propose to appropriate land to any purpose of this Act,
subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after the agreement has been made or the consent to the appropriation has been given by the appropriate Minister within the meaning of section 85 of this Act, the authority may, after giving to the person so in possession twenty-one days' notice in writing, without previous consent, enter on, take possession of and use the land or such part thereof as is specified in the notice but subject to the payment to the person so in possession of the like compensation together with interest upon such compensation as from the date of such entry as if the authority had been authorised to acquire the land compulsorily and the person had in pursuance of the authorisation been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions of the Lands Clauses Acts relating to entry on lands.
Vesting order.
81.—(1) Where a housing authority have entered on and taken possession of land in accordance with the powers conferred upon them by section 80 of this Act and where, after the expiration of six months from the date of such entry—
(a) the several interests in the land have not been conveyed or transferred to the authority,
(b) the authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and
(c) the authority have made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his interest to enable the authority to make a proper offer for such interest,
the authority may by order (in this Act referred to as a vesting order) acquire the land.
(2) Where a housing authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.
(3) When a housing authority make a vesting order they shall within seven days after making the order—
(a) publish in one or more newspapers circulating within their functional area a notice stating that the order has been made, describing the land referred to therein and naming a place where a copy of the order may be seen at all reasonable times, and
(b) serve on every person appearing to them to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.
Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942.
82.—(1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it applies and it shall be expressed and shall operate to vest the land in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date (in this Act referred to as the vesting date) not earlier than twenty-one days after the making of the order.
(2) Notwithstanding anything in subsection (1) of this section, where a housing authority have acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.
(3) When a housing authority make a vesting order in relation to any land, they shall send the order to the registering authority and thereupon the registering authority shall cause the housing authority to be registered as owner of the land in accordance with the order.
Extinguishment of ways, easements, etc.
83.—(1) A housing authority may, with the approval of the Minister, by order extinguish any public right of way over any land acquired by them for the purposes of this Act, but an order made by an authority under this subsection shall be published in the prescribed manner, and if any objection thereto is made to the Minister before the expiration of six weeks from the publication thereof, the Minister shall not approve the order until he has caused to be held a public local inquiry into the matter.
(2) Upon the completion by a housing authority of the acquisition by them, otherwise than by vesting order, of any land for the purposes of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the authority and the person entitled to the right in question, vest in the authority without any conveyance or transfer, and any person who suffers loss by the vesting by virtue of this subsection of any such right or property shall be entitled to be paid by the authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
Assessment of compensation in respect of land acquired compulsorily.
84.—(1) Where land is acquired compulsorily by a housing authority for the purposes of this Act, the compensation payable in respect thereof shall be;
(a) in the case of land consisting of a house mentioned in article 3 of the Third Schedule to this Act—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part I of the Fourth Schedule to this Act,
(b) in the case of any other land—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part II of the Fourth Schedule to this Act.
(2) Subject to subsection (1) of this section and to paragraph (l) of article 2 of the said Third Schedule, the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.
Appropriation of land to purposes of this Act.
85.—(1) Where—
(a) land is vested in a housing authority otherwise than for the purposes of their functions under this Act, and
(b) the authority are satisfied that the land should be made available for those purposes,
the authority may, with the consent of the appropriate Minister, appropriate the land to any of those purposes.
(2) In subsection (1) of this section, “the appropriate Minister” means—
(a) if the Ministerial functions relating to the land in question are vested in a single Minister other than the Minister, that Minister,
(b) if those functions are vested in two or more Ministers (neither or none of whom is the Minister), such one of those Ministers as has, in relation to the land, the greater or greatest concern,
(c) in all other cases, the Minister.
(3) If, in relation to paragraph (b) of subsection (2) of this section, there is any doubt as to which one of two or more Ministers has the greater or greatest concern the doubt shall be determined by the Minister.
Amendment of section 10 of Local Government (No. 2) Act, 1960.
86.—(1) The following section shall be substituted for section 10 of the Act of 1960—
“10. (1) Where—
(a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,
(b) those purposes are purposes other than the purposes of the Housing Act, 1966, or are purposes some only of which are purposes of that Act, and
(c) the local authority consider that it would be convenient to effect the acquisition under that Act,
the local authority may decide so to effect the acquisition.
(2) Where—
(a) a local authority consider that any land, whether situate within or outside their functional area, would, if acquired by them, be suitable for the provision of halls, buildings and offices for the local authority, and
(b) the local authority consider that it would be convenient to effect the acquisition under the Housing Act, 1966,
the local authority may decide so to effect the acquisition.
(3) (a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to acquire the land compulsorily by means of a compulsory purchase order as provided for by section 76 of the Housing Act, 1966, and the Third Schedule thereto and for the purposes of this paragraph any reference to a housing authority in the said section 76 or the said Third Schedule shall be construed as a reference to a local authority.
(b) For the purposes of paragraph (a) of this subsection, ‘the Minister’, wherever that expression occurs in section 76 of the Housing Act, 1966, and the Third Schedule thereto shall be construed as referring to the appropriate Minister.
(4) (a) The provisions of sections 78, 79, subsection (1) of section 80, sections 81, 82 and 84 of the Housing Act, 1966, and the Fourth Schedule thereto, shall apply in relation to an order made by virtue of this section and any reference in the said sections and subsection and in the said Fourth Schedule as so applied to a housing authority or the Minister shall be construed as a reference as to the local authority or the appropriate Minister, respectively.
(b) The provisions of sections 3, 4, 5 and 49 of the Housing Act, 1966, are hereby extended so as to have effect for the purposes of this section, and any reference in the said sections as so extended to a housing authority or, except in the said section 5, to the Minister shall be construed as a reference to the local authority or the appropriate Minister, respectively.
(c) The provisions of subsection (2) of section 83 of the Housing Act, 1966, shall apply in relation to land acquired by means of an order made by virtue of this section.
(d) Where—
(i) an order is made by virtue of this section, and
(ii) there is a public right of way over the land to which the order relates or any part thereof,
the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.
(e) Where—
(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and
(ii) apart from this paragraph, it would not be obligatory on the Minister to cause a public local inquiry to be held pursuant to the Third Schedule to the Housing Act, 1966,
it shall be obligatory on the Minister to cause the inquiry to be held save where he thinks fit not to confirm the order.
(5) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to acquire land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.
(6) In this section, ‘land’ includes any interest or right over land granted by or held from the local authority acquiring the land.”
(2) In construing a compulsory purchase order made by virtue of the said section 10, the reference in any enactment incorporated therein which, but for this subsection, would by virtue of sub-article (5) of article 5 of the Third Schedule to this Act be construed as a reference to a housing authority, shall be construed as a reference to a local authority.
Amendment of section 10 of Local Government (Ireland) Act, 1898.
87.—In section 10 of the Local Government (Ireland) Act, 1898, the reference, in relation to a local authority, to land or any easements or rights over or in land shall be construed as including a reference to any interest or right over land granted by or held from the authority.
PART VI
Disposal of Land and Dwellings
Chapter I
Land
Disposal of land by housing authority.
88.—(1) Any land acquired for the purposes of or under this Act or appropriated to the purposes of this Act by a housing authority may be sold, leased or exchanged subject to such conditions as the authority may consider necessary having regard to the purposes of this Act.
(2) (a) Where, as respects any land acquired for the purposes of or under this Act or appropriated to the purposes of this Act by a housing authority, the authority consider that they will not require the use of the land for any of their functions for a particular period, the authority may grant a lease of the land for that period or any less period and the lease shall be expressed as a lease granted for the purposes of this subsection.
(b) The Land Law (Ireland) Act, 1881, the Landlord and Tenant Acts, 1931 and 1958, and the Rent Restrictions Act, 1960, shall not apply in relation to a lease granted as aforesaid for the purposes of this subsection.
(3) Section 83 of the Local Government Act, 1946, shall, in relation to any disposal of land under this section, apply and have effect as if for paragraphs (b), (c) and (d) of subsection (1) thereof there were substituted the following:
“(b) at a meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the authority shall resolve as follows:
(i) that the disposal shall be carried out in accordance with the terms specified in such notices, or
(ii) that the disposal shall be carried out in accordance with the terms specified in the resolution, or
(iii) that the disposal shall not be carried out,
(c) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in such notices, the disposal may be carried out in accordance with those terms,
(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in the resolution, the disposal may, with the consent of the Minister, be carried out in accordance with those terms,”.
(4) In this section, “land” shall include neither a dwelling to which section 90 of this Act applies nor a cottage within the meaning of section 93 of this Act in respect of which an application may be sent under section 16 of the Act of 1936.
Chapter II
Certain Dwellings Provided under this Act
Interpretation (Chapter II of Part VI).
89.—In this Chapter—
“dwelling” includes any yard, outoffices or appurtenances, garden or other land belonging thereto or usually enjoyed therewith;
“special condition” means a condition requiring that—
(a) payments in respect of the purchase money shall be made punctually on the due dates,
(b) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title,
(c) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.
Power of housing authority to sell or lease certain dwellings provided under this Act.
90.—(1) Subject to the provisions of this section, a housing authority may, if they think fit, sell or lease any dwelling to which this section applies, in case the dwelling is occupied by a tenant, to the tenant, or in case the dwelling is not so occupied, to any person.
(2) This section applies to a dwelling provided by a housing authority under this Act and of which they are the owner other than a cottage within the meaning of section 93 of this Act in respect of which an application may be sent under section 16 of the Act of 1936.
(3) A sale or lease under this section shall be effected by means of an order (in this section referred to as a transfer order) made by the housing authority.
(4) Every transfer order shall be in the prescribed form and shall be expressed and shall operate to vest, on the date specified in the order the interest specified therein, subject to such terms and conditions, including special conditions, as may be specified therein.
(5) Upon a sale under this section, the housing authority may, if they think fit, agree to the whole or part of the purchase money being paid by instalments or to the payment of part thereof being secured by mortgage or by a charge on the dwelling or in such other manner as they consider adequate.
(6) The following additional provisions shall apply in respect of a dwelling to which a special condition described in paragraph (c) of section 89 of this Act applies—
(a) the housing authority may, before giving a consent to a sale or lease of the dwelling or part thereof, require the payment to them of an amount approved for the purposes of this subsection by the Minister;
(b) subject to the foregoing paragraph, the housing authority may, without prejudice to any other power in that behalf, refuse to give such a consent if they are of opinion that—
(i) the intended purchaser or lessee is not a person in need of housing, or
(ii) the intended sale or lease would, if completed, leave the vendor or lessor or his dependants without adequate housing;
(c) any attempted or purported mortgaging, charging or alienation in contravention of the condition shall be null and void against all persons; provided, however, that in any case where the consent of the housing authority is given after the attempted or purported mortgaging, charging or alienation, such consent shall, if the authority so direct, so operate as to validate with retrospective effect such attempted or purported mortgaging, charging or alienation.
(7) Section 83 of the Local Government Act, 1946, shall, in relation to any sale or lease of a dwelling under this section, apply and have effect as if for paragraphs (b), (c) and (d) of subsection (1) thereof there were substituted the following:
“(b) at a meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the authority shall resolve as follows;
(i) that the disposal shall be carried out in accordance with the terms specified in such notices, or
(ii) that the disposal shall be carried out in accordance with the terms specified in the resolution, or
(iii) that the disposal shall not be carried out,
(c) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in such notices, the disposal may be carried out in accordance with those terms,
(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in the resolution, the disposal may, with the consent of the Minister, be carried out in accordance with those terms,”.
Recovery of payments in respect of purchase money.
91.—Where—
(a) a special condition described in paragraph (a) of section 89 of this Act applies as respects a dwelling, and
(b) any payment in respect of the purchase money is not made on the date on which it is required to be made under the condition,
the payment may be recovered by the housing authority as a simple contract debt in a court of competent jurisdiction.
Registration under Registration of Title Acts, 1891 and 1942 of ownership of dwellings sold or leased under section 90 of Act.
92.—(1) Where a dwelling is sold or leased under section 90 of this Act and the registration of the ownership of the dwelling is not on the date of the sale or lease compulsory by virtue of any provision either of the Act of 1891 or the Land Purchase Acts, on and after such date the registration of the ownership of the dwelling shall be compulsory and the dwelling shall be deemed to be registered land within the meaning of the Act of 1891.
(2) Whenever a housing authority sell or lease a dwelling under the said section 90, the authority shall forthwith apply to the registering authority for the registration under the Act of 1891 of the ownership of the dwelling.
(3) The provisions of Part IV of the Act of 1891 shall have effect in relation to any dwelling which is purchased under this Chapter as if the dwelling were freehold registered land to which the said Part IV applies.
Chapter III
Purchase of Certain Cottages under Act of 1936
Interpretation (Chapter III of Part VI) and saver.
93.—(1) In this Chapter—
(a) “the Act of 1950” means the Housing (Amendment) Act, 1950 (repealed by this Act);
(b) “annuity” (except in section 101) has the same meaning as in the Act of 1936 and includes part of such annuity;
(c) “cottage” means a cottage provided under the Labourers Acts, 1833 to 1962, and, save where the context otherwise requires, includes the plot (if any) provided with such cottage;
(d) “purchase scheme” has the same meaning as it has for the purposes of the Act of 1936;
(e) “qualified person” means a qualified person for the purposes of section 16 of the Act of 1936.
(2) Notwithstanding the repeal by this Act of section 26 of the Housing (Amendment) Act, 1958, the Act of 1936 together with section 1 and Part III of the Housing and Labourers Act, 1937, shall continue in force until such time as they are repealed or terminated.
Purchase of certain cottages under Act of 1936.
94.—(1) Where a housing authority have provided a cottage before the 1st day of January, 1966, and the authority have not complied with the requirement of subsection (2) of section 12 of the Act of 1936 (repealed by this Act) in relation to the cottage, the authority shall, not later than twelve months after the commencement of this section, prepare and submit to the Minister a purchase scheme in relation to the cottage.
(2) The provisions of the Act of 1936 shall apply as respects any purchase scheme prepared and submitted to the Minister under this section in like manner as if the scheme had been prepared and submitted under that Act.
Restriction on applications under section 16 of Act of 1936.
95.—(1) Section 16 of the Act of 1936 shall have effect subject to the following modifications:
(a) where a purchase scheme in relation to a cottage is in force immediately before the commencement of this section and no application in respect of the cottage has been sent to the housing authority under the said section 16, an application may be sent under that section if, but only if, it is so sent not later than eighteen months after the commencement of this section;
(b) where a purchase scheme in relation to a cottage comes into force on or after the commencement of this section, an application in respect of the cottage may be sent to the housing authority if, but only if, it is so sent not later than eighteen months after the commencement of this section or six months after the day on which the purchase scheme comes into force, whichever is the later.
(2) A housing authority shall inform each tenant of a cottage within their functional area of the application which may be sent to the authority by a qualified person and the period within which the application must be sent and each such tenant shall be so informed as soon as practicable after,
(a) in case the relevant purchase scheme is in force immediately before the commencement of this section—such commencement, or
(b) in case the relevant purchase scheme comes into force on or after the commencement of this section—the day on which the purchase scheme comes into force.
Cottages in urban areas.
96.—(1) Where a cottage in respect of which an application may be sent under section 16 of the Act of 1936 comes within an urban area not more than eighteen months either before or after the commencement of section 94 of this Act, the housing authority to whom the application may be so sent shall not, within the period during which the application may be so sent, transfer the cottage to the housing authority for the urban area.
(2) The right of a person to send an application under section 16 of the Act of 1936 shall not in any way be affected by reason only of the fact that the cottage is at any time situate within an urban area.
(3) Where a cottage purchased under the Act of 1936 comes within an urban area, whether before or after the commencement of this section, all the provisions of the Act of 1936 shall continue to apply in relation to the cottage and the functions in relation to the cottage which could formerly be performed by the authority by whom the relevant vesting order under section 17 of the Act of 1936 was made shall thenceforth be performed by the housing authority for the urban area and in case the cottage came within an urban area before the commencement of this section, the said provisions shall be deemed to have continued to so apply and the said functions shall be deemed to have been so performable as and from the date on which the cottage came within the urban area.
(4) In this section, “urban area” means a county or other borough or urban district.
Power to declare certain persons to be qualified persons.
97.—Where, immediately before the commencement of this section, a cottage is let by a housing authority under section 24 of the Act of 1950, the following provisions shall have effect:
(a) the authority may declare that the person to whom the cottage was so let is a qualified person, and thereupon such person shall become a qualified person;
(b) the making of a declaration under this subsection shall be a reserved function.
Cottage or plot may be charged, mortgaged, subdivided or alienated.
98.—(1) Notwithstanding sections 17 and 21 of the Act of 1936, and subject to the provisions of this section, any cottage, plot or part of a plot held with a cottage may be and shall be deemed always to have been capable, during the payment period in respect of the cottage, of being charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, with the consent of the relevant housing authority.
(2) Without prejudice to any other power in that behalf, a housing authority may withhold their consent to the alienation of a cottage if they are of opinion that—
(a) the person to whom it is intended to alienate the cottage is a person who is not in need of housing, or
(b) the alienation would, if effected, cause or be likely to cause the person intending to make the alienation or any of his dependants to be a person without adequate or suitable housing.
(3) Where a cottage which is subject to and charged with the future payment of an annuity is intended to be sold or transferred, the housing authority may, before consenting to the sale or transfer, require the annuity to be redeemed under section 99 of this Act.
(4) Where a plot or part of a plot held with a cottage which is subject to and charged with the future payment of an annuity is charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, after the commencement of this section, the housing authority shall apportion the annuity in such manner as they consider appropriate, and in the case of a sale or a transfer the authority shall require to be redeemed under section 99 of this Act the part of the annuity apportioned by them in respect of the plot or the part of a plot.
(5) A housing authority shall, before giving their consent to the alienation or subdivision of any cottage which is subject to and charged with the future payment of an annuity (other than an alienation or subdivision of a class specified by the Minister for the purposes of this subsection), require the payment to them of an amount approved by the Minister for the said purposes.
(6) In case any person, without the consent of a housing authority, attempts or purports to effect in relation to any cottage, plot or part of a plot held with a cottage, a charge, mortgage, subdivision or alienation as respects which the consent of a housing authority is required by this section or by a vesting order made under section 17 of the Act of 1936, such attempted or purported charging, mortgaging, subdivision or alienation shall be null and void against all persons; provided, however, that in any case where the consent of the authority is given after the attempted or purported charging, mortgaging, subdivision or alienation, such consent shall operate, if the authority so direct, to validate with retrospective effect, such attempted or purported charging, mortgaging, subdivision or alienation.
Redemption of annuities.
99.—An annuity at any time outstanding may, if the housing authority entitled to receive the annuity think fit, be redeemed by the person liable to pay the annuity by payment to the authority of such amount as may be approved by the Minister, and the premises, which but for this section would be subject to and charged with the payment of the annuity or the part, shall, on receipt by the authority of the amount so approved, stand freed and discharged from the payment of the annuity.
Act of 1936 wholly or otherwise to cease to apply in certain circumstances.
100.—(1) Where—
(a) a cottage, plot or part of a plot held with a cottage, subject to and charged with the future payment of an annuity is either alienated, or is acquired by the housing authority to whom, before the acquisition, the annuity was required to be paid, or
(b) an annuity is redeemed under section 99 of this Act,
all the provisions of the Act of 1936, including the statutory conditions which but for this subsection would continue to apply in respect of the cottage, plot or part of a plot during the payment period shall, in case the cottage, plot or part of a plot is so acquired or the annuity, as respects the cottage, plot or part of a plot is redeemed in full, cease so to apply, or in any other case, cease so to apply to such extent as the housing authority may, by order, determine.
(2) In this section, “statutory conditions” and “payment period” have the same meanings as in section 17 of the Act of 1936.
Provisions as respects amount of annuities.
101.—(1) Notwithstanding anything contained in the Act of 1936 or in a purchase scheme, the provisions of subsection (2) of this section shall have effect.
(2) Where the rent of a cottage is revised, whether before or after the commencement of this section, otherwise than on account of any change in the amount of the municipal or county rate, or otherwise than on account of the provisions of a scheme providing for graded or differential rents, the following provisions shall apply:
(a) the amount of the terminable annuity to be paid in respect of the cottage as the consideration for the purchase thereof shall be the amount (in this section referred to as the revised amount) which bears the same proportion to the yearly amount payable in respect of such rent, when so revised, as the amount of the terminable annuity specified in the relevant purchase scheme bears to the amount which was payable annually as respects such rent when the purchase scheme came into force, and
(b) the amount of the terminable annuity specified in the relevant purchase scheme shall, for the purposes of the Act of 1936, be deemed to be equal to the revised amount.
Amendment of certain provisions of, and validation of certain orders under, Act of 1936.
102.—(1) The Act of 1936 shall be amended as follows:
(a) paragraph (d) of subsection (2) of section 17 is hereby amended by the insertion of the following subparagraph after subparagraph (vi):
“(via) that subject to the provisions of subparagraph (iii) of this paragraph, the cottage shall be occupied as his normal place of residence by a person who is a person mentioned in subparagraph (ii) of this paragraph,”;
(b) in section 24—
(i) “or if during such period the cottage for a continuous period of more than eighteen months, is not occupied as his normal place of residence by a person mentioned in subparagraph (ii) of paragraph (d) of subsection (2) of section 17 of this Act,” is hereby inserted before “such board of health may” in subsection (1);
(ii) “any other grounds” is hereby substituted for “failure to comply with any other statutory condition” in subparagraph (ii) of paragraph (b) of subsection (2);
(iii) the following is hereby substituted for subsection (3):
“(3) Notwithstanding subsection (2) of this section, upon the hearing of an application under subsection (1) of this section the justice of the District Court hearing the application may—
(a) in case he is satisfied that the notice required by this section has been duly given and that a statutory condition mentioned in the notice has not been complied with, or
(b) in case he is satisfied that, for a continuous period of more than eighteen months during the payment period in respect of a cottage, the cottage has not been occupied as his normal place of residence by a person mentioned in subparagraph (ii) of subsection (2) of section 17 of this Act and on an undertaking by the applicant to pay to the person in whom, on the date of the application, the cottage is vested an amount approved by the Minister, being not less than the value of the aggregate of the moneys which have been received by the applicant towards the consideration for the purchase of the cottage to which the application relates,
issue the warrant.”;
(iv) in subsection (4), “sections 86 and 87” is hereby substituted for “section 86”, where that reference first occurs and “subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a cottage cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to ‘the owner’ without naming him” is hereby inserted after “this section.”
(v) “and thereupon the cottage shall for all purposes be deemed to be a dwelling provided under the Housing Act, 1966” is hereby inserted after “fee simple” in paragraph (b) of subsection (5);
(vi) the following is hereby inserted after subsection (5):
“(6) Upon the hearing of an application under subsection (1) of this section it shall be presumed, until the contrary is proved, that, for a continuous period of more than eighteen months during the payment period in respect of the cottage, the cottage has not been occupied as his normal place of residence by a person mentioned in the said subparagraph (ii).”
(c) in section 27—
(i) “notwithstanding that the annuity relating to the cottage has been redeemed or has otherwise ceased to be payable,” and “(in this section referred to as the consolidated holding)” are hereby inserted after “the Irish Land Commission may” and “one holding” respectively in subsection (1);
(ii) the following is hereby inserted after subsection (1):
“(1A) Subject to subsection (2) of this section, the making of a consolidating order shall operate to transfer to the relevant consolidated holding every estate, interest, right, burden, charge (including an annuity payable under this Act, a purchase annuity payable under the Land Purchase Acts or a reclamation annuity within the meaning of the Land Reclamation Act, 1949), liability or equity which immediately before the date of consolidation, was charged upon, attached to or otherwise affected the cottage or holding to which the declaration in the order relates, and any such charge so transferred shall be deemed always to have been charged on the consolidated holding and the amount of the charge shall continue to be recoverable in the manner and with the priority in and with which it could have been recovered before the order was made.”;
(iii) the following is hereby inserted after subsection (2):
“(3) The registering authority under the Act of 1891 shall, on the application of the Irish Land Commission, register the ownership of the consolidated holding and shall make such changes in the appropriate register as appear to him to be necessary”;
(d) paragraph (d) of section 29 is hereby amended by the insertion of “addressing it to ‘the owner’, without naming him and” before “delivering” and by the substitution of “or” for “or by”.
(2) Notwithstanding subsection (2) of section 17 of the Act of 1936, an order made under subsection (1) of that section and expressed to vest a cottage in a person in fee simple on a day being not later than the 31st day of December, 1964, shall be deemed never to have failed to operate to vest the cottage by reason only of the fact that the vesting day expressed in the order is a day other than the gale day which next followed the date of the order.
(3) The power of the Minister under section 20 of the Act of 1936 shall include, and shall be deemed always to have so included, power to amend a map referred to in an order described in that section.
(4) Paragraph (a) of subsection (1) of this section shall be deemed to have come into operation on the 29th day of June, 1936, and every order under section 17 of the Act of 1936 and made before the commencement of this section shall be deemed to have expressed and shall operate and shall be deemed always to have operated to apply the provisions contained in the amendment effected by the said paragraph (a).
Amendment of section 46 of Land Act, 1923.
103.—Section 46 of the Land Act, 1923, shall be construed as if the references to the original holding included references to a cottage in respect of which an annuity has been fully paid, or has been redeemed under section 3 of the Labourers Act, 1965, or section 99 of this Act.
Amendment of sections 6 and 7 of Land Act, 1946.
104.—Sections 6 and 7 of the Land Act, 1946, shall each be construed as if the references to the original holding included references to a cottage.
Saver.
105.—Nothing in this Chapter shall be construed as enabling a housing authority to make a purchase scheme in relation to any of the following:
(a) a cottage in relation to which a special contribution within the meaning of section 44 of this Act is made by the Minister to the authority;
(b) a cottage containing two or more separate tenements;
(c) a cottage situate on state land (other than state land to which the housing authority have, within six months after the commencement of this section, become the owner in fee simple);
(d) a cottage which, immediately before the commencement of this section, was appropriated under section 3 of the Housing (Amendment) Act, 1942 (repealed by this Act);
(e) a cottage in relation to which subsection (1) of section 34 of the Act of 1948 would apply but for section 6 of this Act;
(f) a cottage provided under section 24 of the Act of 1950 other than a cottage in relation to which a declaration is made either under subsection (3) of the said section 24 or section 97 of this Act.
Chapter IV
Miscellaneous
Duty of housing authority to put certain cottages and dwellings into good structural condition.
106.—(1) Whenever a housing authority propose to make a vesting order under section 17 of the Act of 1936 or to sell or lease a dwelling under section 90 of this Act to the tenant thereof and the cottage or dwelling is not in good structural condition, the authority before making the order or sale or granting the lease, shall carry out such works as shall be necessary to put the dwelling into good structural condition.
(2) Any doubt, dispute or question as to whether or not a cottage or dwelling is in good structural condition or as to what works are necessary to put the premises into good structural condition or as to whether or not works are required by this section to be carried out by a housing authority shall be determined by the Minister.
(3) Where works have been carried out pursuant to subsection (1) of this section the following provisions shall apply:
(a) a vesting order in respect of the cottage or the instrument by which the lease or sale of the dwelling is to be effected shall thereupon be made or executed, as the case may be,
(b) the purchaser or lessee of the cottage or dwelling, as the case may be, may, not later than the expiration of the period of twenty-one days beginning on the date on which he is notified of the making of the said vesting order, or of the making of the sale or grant of the lease, notify the Minister of any doubt, dispute or question with respect to the works which he wishes the Minister to determine pursuant to subsection (2) of this section, and send with the notification a fee of such amount as may be prescribed for the purposes of this section, and
(c) if the Minister on receipt of the notification and fee aforesaid determines that further specified works require to be carried out, the works specified shall be carried out and neither the fact that the said vesting order or the sale has been made or the lease has been granted nor the terms of the order or the instrument under which the sale or lease is effected shall be taken as preventing the works from being carried out.
Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority.
107.—(1) If during the payment period—
(a) the owner of a house sold or leased under section 11 of the Housing (Ireland) Act, 1919, cannot be found or ascertained,
(b) a special condition applying as respects a dwelling is not complied with, or
(c) the owner of a dwelling sold or leased under section 90 of this Act cannot be found or ascertained,
the housing authority may (without prejudice to any other method of recovering possession) subject to the provisions of this section, apply to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for the issue of a warrant under this section.
(2) Before making an application under subsection (1) of this section in relation to the non-compliance with a special condition applying as respects a dwelling, the housing authority shall give to the owner of the dwelling not less than twenty-one days' notice in writing of their intention to make the application and every such notice shall state the grounds on which the application is to be based.
(3) Upon the hearing of an application under subsection (1) of this section grounded upon non-compliance with the special condition mentioned in paragraph (b) of section 89 of this Act, it shall be presumed, until the contrary is proved, that the condition has not been complied with.
(4) Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall—
(a) in case he is satisfied that the notice required by this section has been duly given and that a special condition mentioned in the notice has not been complied with, or
(b) in case he is satisfied that the owner of the house or dwelling cannot by reasonable enquiry be found or ascertained and on an undertaking being given by the authority in accordance with subsection (7) of this section,
issue the warrant.
(5) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a house or dwelling cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the owner” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.
(6) Whenever a warrant is issued under this section and a housing authority recover possession of a house or dwelling by virtue of the warrant, the following provisions shall have effect:
(a) all the estate, right, interest and title of the person to whom the house or dwelling was leased or sold, and any other person claiming through or under him shall vest in the authority without any conveyance or transfer and thereupon the house or dwelling shall for all purposes be deemed to be a dwelling provided under this Act;
(b) all the terms or conditions, including any special condition, applied to the dwelling by virtue of this Part shall cease to apply thereto.
(7) In a case in which the owner cannot be found or ascertained, the housing authority may, at the hearing of an application under subsection (1) of this section, give to the court, as respects the relevant house or dwelling, an undertaking in writing to pay in accordance with an order of the court under subsection (8) of this section the appropriate amount or part thereof together with interest at a rate specified in the undertaking, being the rate at which on the date of the undertaking the authority could borrow from the local loans fund, and calculated as respects the period beginning on the date of the undertaking and ending either on the date of the direction of the court under the said subsection (8) or twelve years after such date, whichever is the earlier.
(8) Any person who, but for the provisions of subsection (6) of this section, would be entitled to all or part of the estate, right, interest and title in a house or dwelling mentioned in subsection (1) of this section and as respects which an undertaking is given under subsection (7) of this section, may make an application to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for an order under this subsection and on the hearing of the application the justice may, if satisfied that the applicant would, but for the provisions of the said subsection (6) be entitled as aforesaid, order the payment to the applicant by the housing authority by whom an undertaking under the said subsection (7) was given of the appropriate amount and interest, or so much thereof as he shall in the particular circumstances of the case consider appropriate.
(9) In this section—
“the appropriate amount” means the value of the aggregate of any moneys paid to a housing authority in respect of the sale or lease by the authority of a house or dwelling mentioned in subsection (1) of this section and in relation to which the application is brought under subsection (8) of this section;
“cottage” means a cottage within the meaning of section 93 of this Act;
“payment period” means the period for payment to the housing authority of purchase or other money or of rent in respect of the relevant house or dwellings;
“special condition” means a special condition within the meaning of section 89 of this Act.
Capital money.
108.—Capital money arising from the disposal of land under this Part of this Act shall be applied for a purpose approved by the Minister for which capital money may be properly applied.
PART VII
Exercise and Default in Exercise of Functions under this Act
Exercise by housing authority of functions under this Act outside functional area.
109.—(1) A housing authority may perform any of their functions under this Act outside their functional area.
(2) Where a housing authority intend to perform a function in the functional area of another housing authority, the authority by whom the function is intended to be performed and the other authority may make and carry out an agreement in relation to the function, and where an agreement is made under this section the parties to the agreement may terminate it at any time if they so agree.
(3) The making of an agreement under this section shall be a reserved function.
Committees.
110.—(1) A housing authority may, if they think fit—
(a) establish a committee consisting of such number of their members as they may think fit for purposes connected with the performance of any of their functions under this Act,
(b) make and carry out an agreement with another housing authority to establish a committee (in this section referred to as a joint committee) in accordance with subsection (2) of this section, consisting of so many persons as the parties to the agreement think fit, for purposes connected with the functions under this Act which are common to both parties to the agreement.
(2) Every joint committee shall be composed either wholly of persons who are members of an authority who are a party to the relevant agreement under subsection (1) of this section or partly of persons who are and partly of persons who are not members of such an authority, provided that in case the joint committee is composed both of persons who are and persons who are not members of such an authority, the members of the joint committee who are not members of such an authority, shall not exceed in number one-third of the total number of members of the joint committee.
(3) The parties to an agreement under subsection (1) of this section may include in the agreement provisions relating to the sharing of the cost of performing the functions under this Act to which the agreement relates, and may carry out any such provisions.
(4) Where any agreement has been made under this section, the parties thereto may terminate the agreement at any time if they so agree.
Failure of housing authority as respects performance of functions under Act.
111.—(1) Whenever the Minister is of opinion that a housing authority have failed to perform any of their functions under this Act, or have failed to perform any such function in a satisfactory manner, he may by order require the authority to perform the function, and the Minister may, if he thinks fit, specify in the order the manner in which or the time or times within which the function is to be performed or both such manner and such time or times, and if the authority fail to comply with such a requirement of the order or fail to comply with a requirement in a satisfactory manner, the Minister may by a further order invest himself with and perform such of the said functions of the authority as may be necessary to remedy the failure.
(2) Where the Minister is of opinion that it would be more convenient that any function under this Act which may be performed by him by virtue of an order under subsection (1) of this section, should be performed, whether generally or in a particular case, by a housing authority or by a person, he may—
(a) require the authority to perform the function,
(b) make an agreement with the person for the performance of the function by him on the Minister's behalf,
and thereupon the function shall become performable by the authority or the person, as may be appropriate, as if the authority or the person, as the case may be, were the housing authority in respect of whose function under this Act the order was made.
(3) The Minister may by order vest in and transfer to a housing authority in respect of any of whose functions under this Act an order has been made under subsection (1) of this section any property, debt or liability acquired or incurred in the performance of the function by the Minister or on his behalf, and such property, debt or liability shall vest and attach accordingly.
(4) Nothing in this section shall be construed as enabling a person to acquire land otherwise than by agreement.
PART VIII
Miscellaneous
Provision of technical assistance.
112.—A housing authority may provide technical assistance to persons purchasing or otherwise providing sites or reconstructing, enlarging, improving, purchasing or otherwise providing dwellings.
Power to provide prizes or other incentives for the maintenance of houses, etc.
113.—For the purpose of encouraging the proper maintenance of houses, gardens, open spaces or amenities, a housing authority may, if they so think fit, provide such prizes in competitions or such other incentives as the authority may determine for the maintenance of the houses, gardens, open spaces, or amenities in their functional area or in a particular part of their functional area.
Conditions to be complied with on letting of house for habitation.
114.—(1) Subject to subsection (2) of this section, in any contract entered into after the commencement of this section for letting for habitation a house at a rent not exceeding one hundred and thirty pounds per annum there shall, notwithstanding any stipulation to the contrary, be implied a condition that the house is at the commencement of the tenancy and an undertaking that the house will be kept by the landlord during the tenancy, in all respects reasonably fit for human habitation but nothing in this section shall affect the liability of the tenant or occupier of any such house for any wilful act or default of such tenant or occupier whereby the house is rendered other than reasonably fit for human habitation.
(2) The condition and undertaking mentioned in subsection (1) of this section shall not be implied in any case in which—
(a) a house is let for a term of not less than three years upon the terms that it be put by the lessee into a condition reasonably fit for habitation, and
(b) the tenancy agreement is not determinable at the option of either the landlord or the tenant before the expiration of three years.
(3) The Minister may by regulations vary the amount of the rent specified in subsection (1) of this section.
(4) Where regulations are proposed to be made under subsection (3) of this section, a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.
(5) In this section, “landlord” means any person who lets for habitation to a tenant any house under a contract to which this section applies, and includes his successor in title.
Prohibition on persons interested voting as members of housing authority or certain committees.
115.—(1) A person shall not vote as a member of a housing authority or any committee mentioned in section 110 of this Act upon any resolution or question which is proposed or arises in pursuance of this Act, if it relates to any house or other land in which he is beneficially interested and if, at the time of the vote on any such resolution or question, it is known to the person recording the vote that a member of the authority or committee is beneficially interested in any house or land to which the resolution or question relates, any vote of such member on the resolution or question shall be disregarded in determining the decision of the authority or committee on the resolution or question.
(2) A person to whom a dwelling provided under this Act is for the time being let by a housing authority, shall, for the purposes of this section, be deemed to be beneficially interested also in any other dwelling so provided and of which an authority are the owner.
(3) Any person who votes in contravention of this section shall—
(a) in case the person is a member of a housing authority or a member of a committee mentioned in section 110 of this Act—thereupon cease to be a member of the authority or the committee, as may be appropriate, and
(b) in case the person is a member of both a housing authority and such a committee—thereupon cease to be a member of both the authority and the committee,
and shall in either case be disqualified for being elected or chosen or being a member of the authority during the period which, but for the cessation of his membership under this section, would be the remainder of his term.
(4) Any person who votes in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(5) In case any person votes in contravention of this section or acts as a member of a housing authority or committee while disqualified for membership under this section, the fact of his giving the vote or so acting, as the case may be, shall not invalidate any resolution or proceeding of the authority or committee.
Prosecutions and offences.
116.—(1) An offence under this Act may be prosecuted by the housing authority in whose functional area the offence is committed and in case the offence relates to a function being performed by or on behalf of the Minister under section 111 of this Act, or by a housing authority outside their functional area, the offence may be prosecuted by:
(a) in case the function is being performed by or on behalf of the Minister—the Minister,
(b) in case the function is being performed by a housing authority—that authority, or
(c) in case the function is being performed by a person—that person.
(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer or any person purporting to act in such capacity shall also be deemed to have committed the said offence and he as well as the body corporate shall be deemed to be guilty of the offence.
Power of authorised person to enter on land.
117.—(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times for any purpose connected with this Act.
(2) Without prejudice to the generality of subsection (1) of this section, an authorised person may enter on land in accordance with the said subsection (1) for the purpose of—
(a) survey or valuation, in the case of any house, building or other land which the housing authority by whom the authorised person was appointed may be authorised to acquire for the purposes of this Act,
(b) survey and examination where it appears to the housing authority by whom the authorised person was appointed that survey or examination is necessary in order to determine whether any function under this Act ought to be performed in respect of any house, building or other land.
(3) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made.
(4) Before an authorised person enters under this section on any land, the housing authority shall either obtain the consent, in the case of occupied land, of the occupier, or, in the case of unoccupied land, the owner or shall give to the owner or occupier, as the case may be, not less than fourteen days' notice in writing of the intention to make the entry.
(5) A person to whom a notice of intention to enter on land has been given under this section by the housing authority may, not later than fourteen days after the giving of such notice, apply, on notice to such authority, to the justice of the District Court having jurisdiction in the district court district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
(6) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.
(7) Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds; and, if in the case of a continuing offence the obstruction is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding five pounds for each day on which the obstruction is so continued.
(8) In this section, “authorised person” means a person who is appointed by the housing authority to be an authorised person for the purposes of this section.
Certain dwellings to be deemed to be provided under this Act.
118.—(1) Dwellings of which a housing authority are the owner which—
(a) immediately before the commencement of this section were deemed, by virtue of section 16 of the Housing (Amendment) Act, 1954, to have been provided under the Housing of the Working Classes Acts, 1890 to 1958,
(b) immediately before the commencement of this section were deemed, by virtue of section 20 of the said Act, to have been provided under the Labourers Acts, 1883 to 1962, or
(c) are used by the authority for the purposes of this Act and which, apart from this section, would be dwellings not provided by the authority under this Act,
shall be deemed to be dwellings provided under this Act.
(2) A housing authority may, as respects a dwelling mentioned in subsection (1) of this section or a dwelling provided under this Act, certify that the dwelling is a dwelling so provided or a dwelling deemed to have been so provided, as may be appropriate, and in any proceedings a certificate issued by the authority under this subsection shall be prima facie evidence of the contents thereof and it shall not be necessary to prove any signature on the certificate.
Small dwellings.
119.—Notwithstanding section 6 of this Act, where the ownership of a house has been acquired by means of an advance under the Small Dwellings Acquisition Acts and the advance with interest was not fully paid to the housing authority before the repeal of the said Acts, then—
(a) the provisions of the said Acts which by reason of the making of the advance had effect in any particular case immediately before such repeal shall as respects the case continue to have effect,
(b) the provisions of the said Acts in relation to the application of capital money and the keeping of separate accounts shall continue in force,
until the advance with interest has been fully repaid or the authority have by virtue of this section taken possession of or ordered and conducted a sale of the house and any requirement of the said provisions as to the payment of a sum to the proprietor or the disposal of the proceeds has been satisfied.
Amendment of Housing of Working Classes Act, 1890.
120.—In the Housing of the Working Classes Act, 1890, any reference to a local authority shall be construed as a reference to a local authority within the meaning of this Act.
Savings.
121.—(1) Notwithstanding section 6 of this Act, where a charging or other order, regulation, loan, advance (other than an advance mentioned in section 119 of this Act), letting or demand is made, or charge created, or condition imposed (including a condition imposed by or under statute other than the Small Dwellings Acquisition Acts), or lease, undertaking, notice or certificate is given or other thing is made, given or done under any enactment repealed by this Act, such hereinbefore mentioned matter or thing, if in force, recoverable or enforceable immediately before such repeal, shall—
(a) in so far as it could have been made, created, imposed, given or done under this Act, have effect as if it were, and be regarded as having been made, created, imposed, given or done under the corresponding provision of this Act, and
(b) in so far as it could not have been so made, created, imposed, given or done, continue to be in force, recoverable or enforceable, and the like proceedings may be taken thereon and the like consequences shall ensue as might have been taken or would have ensued if this Act had not been enacted.
(2) Without prejudice to the generality of subsection (1) of this section:
(a) where, before the repeal by this Act of the Labourers Acts, 1883 to 1962 (other than the Labourers Act, 1936), land is acquired by a housing authority for the purposes of those Acts, the following shall apply:
(i) the provisions of section 22 of the Labourers (Ireland) Act, 1906, shall continue to have effect in respect of the registration of the ownership of the land or any searches made or land certificate issued to the authority in respect of the land,
(ii) the provisions of section 23 of the said Act shall continue to have effect in respect of any agreement, deed, receipt or other instrument whereby the land is vested in the authority and issued under the said Acts;
(b) where, before the commencement of the said section 6, land is acquired by a housing authority under Part II of the Housing (Miscellaneous Provisions) Act, 1931, the provisions of subsection (1) of section 18 of that Act shall continue to apply as respects any public right of way over the land;
(c) where a house is, immediately before the commencement of the said section 6, a house appropriated under section 3 of the Housing (Amendment) Act, 1942, the provisions of the said section 3 shall continue to apply in relation to the house;
(d) the provisions of section 32 of the Act of 1952 and the amendment effected by section 19 of the Housing (Amendment) Act, 1954, shall continue to have effect.
(3) Notwithstanding subsection (1) of this section—
(a) the provisions of Part II of the Housing (Management and Letting) Regulations, 1950, shall continue to apply in relation to the letting of a dwelling to which the regulations applied immediately before the commencement of section 6 of this Act as if this Act other than section 60 had not been enacted,
(b) where, before the commencement of the said section 6, a compulsory purchase order is made by—
(i) a housing authority under section 37 of the Housing (Miscellaneous Provisions) Act, 1931, or section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932, or
(ii) a local authority under section 10 of the Act of 1960,
the provisions of any enactment which immediately before such commencement applied as respects the order, or the house, building or other land to which the order relates, or any right, title, interest or easement in or over such house, building or other land shall continue so to apply.
(4) Any acquisition, sale or lease of land by a housing authority effected before the 22nd day of July, 1952, which would be valid if effected by virtue of section 8 or 11 of the Housing (Ireland) Act, 1919, as amended by section 31 of the Act of 1952, shall continue to be deemed always to have been validly effected under the Housing of the Working Classes Acts and shall henceforth be deemed to have been validly effected under this Act.
(5) In this Act, “under this Act” when used in relation to any land, housing accommodation or other property or in relation to any other matter or thing and any other expression, describing any matter or thing by reference to this Act or to any provision of this Act, shall, save where the context otherwise requires, be construed as including a reference to any Act repealed by this Act or to the corresponding provision of any Act so repealed.
(6) Any document referring to any enactment repealed by this Act shall, save where the context otherwise requires, be construed as referring to the corresponding provisions of this Act.
(7) Nothing in this section shall be held to prejudice or affect the general application of section 20 of the Interpretation Act, 1937.
FIRST SCHEDULE
Repeals
Session and Chapter or Number and Year | Short Title | Extent of Repeal |
41 & 42 Vict., c. 52. | Public Health (Ireland) Act, 1878. | Sections 82 to 86 and sections 100 and 101. |
44 & 45 Vict., c. 38. | Public Works Loans Act, 1881. | Section 11. |
46 & 47 Vict., c. 60. | Labourers (Ireland) Act, 1883. | The whole Act. |
48 & 49 Vict., c. 77. | Labourers (Ireland) Act, 1885. | The whole Act. |
49 & 50 Vict., c. 59. | Labourers (Ireland) Act, 1886. | The whole Act. |
53 & 54 Vict., c. 16. | Working Classes Dwellings Act, 1890. | The whole Act. |
53 & 54 Vict., c. 70. | Housing of the Working Classes Act, 1890. | The whole Act except section 1 and the Second Schedule. |
54 & 55 Vict., c. 48. | Purchase of Land (Ireland) Act, 1891. | Section 38. |
54 & 55 Vict., c. 71. | Labourers (Ireland) Act, 1891. | The whole Act. |
55 Vict., c. 7. | Labourers (Ireland) Act, 1892. | The whole Act. |
56 & 57 Vict., c. 33. | Housing of the Working Classes Act, 1893. | The whole Act. |
59 & 60 Vict., c. 11. | Housing of the Working Classes (Ireland) Act, 1896. | The whole Act. |
59 & 60 Vict., c. 53. | Labourers (Ireland) Act, 1896. | The whole Act. |
62 & 63 Vict., c. 44. | Small Dwellings Acquisition Act, 1899. | The whole Act. |
3 Edw. 7, c. 37. | Irish Land Act, 1903. | Part IV and subsection (4) of section 100. |
6 Edw. 7, c. 37. | Labourers (Ireland) Act, 1906. | The whole Act. |
8 Edw. 7, c. 58. | Local Registration of Title (Ireland) Amendment Act, 1908. | The whole Act. |
8 Edw. 7, c. 61. | Housing of the Working Classes (Ireland) Act, 1908. | The whole Act. |
9 Edw. 7, c. 42. | Irish Land Act, 1909. | Sections 10 and 11. |
1 & 2 Geo. 5, c. 19. | Labourers (Ireland) Act, 1911. | The whole Act. |
4 & 5 Geo. 5, c. 32. | Labourers (Ireland) Act, 1914. | The whole Act. |
4 & 5 Geo. 5, c. 52. | Housing (No. 2) Act, 1914. | The whole Act. |
4 & 5 Geo. 5, c. 71. | Housing (No. 2) (Amendment) Act, 1914. | The whole Act. |
6 & 7 Geo. 5, c. 12. | Local Government (Emergency Provisions) Act, 1916. | Subsection (4) of section 13. |
8 & 9 Geo. 5, c. 20. | Labourers (Ireland) Act, 1918. | The whole Act. |
9 & 10 Geo. 5, c. 45. | Housing (Ireland) Act, 1919. | The whole Act except sections 31, 35, 36 and the Third Schedule. |
9 & 10 Geo. 5, c. 55. | Labourers (Ireland) Act, 1919. | The whole Act. |
9 & 10 Geo. 5, c. 99. | Housing (Additional Powers) Act, 1919. | The whole Act. |
10 & 11 Geo. 5, c. 61. | Public Works Loans Act, 1920. | Sections 2 and 5. |
11 & 12 Geo. 5, c. 19. | Housing Act, 1921. | The whole Act. |
No. 14 of 1924. | Housing (Building Facilities) Act, 1924. | The whole Act. |
No. 54 of 1924. | Housing (Building Facilities) (Amendment) Act, 1924. | The whole Act. |
No. 12 of 1925. | Housing Act, 1925. | The whole Act. |
No. 31 of 1928. | Housing Act, 1928. | The whole Act. |
No. 12 of 1929. | Housing Act, 1929. | The whole Act. |
No. 22 of 1930. | Housing Act, 1930. | The whole Act. |
No. 50 of 1931. | The whole Act. | |
No. 19 of 1932. | The whole Act. | |
No. 30 of 1934. | Housing (Financial and Miscellaneous Provisions) Act, 1934. | The whole Act. |
No. 13 of 1936. | Housing (Financial and Miscellaneous Provisions) (Amendment) Act, 1936. | The whole Act. |
No. 24 of 1936. | Sections 4, 8, 9, 10, 12 and 18; paragraph (e) of subsection (5) of section 24; in paragraph (a) of subsection (2) of section 27 the words “(in this subsection referred to as the consolidated holding)”; paragraph (c) of that subsection; subparagraph (iii) of paragraph (d) of that subsection. | |
No. 42 of 1937. | Part II and Schedule. | |
No. 3 of 1939. | Housing (Amendment) Act, 1939. | The whole Act. |
No. 10 of 1940. | Housing (Amendment) Act, 1940. | The whole Act. |
No. 12 of 1940. | County Management Act, 1940. | Paragraph 11 of the Second Schedule. |
No. 18 of 1941. | Housing (Amendment) Act, 1941. | The whole Act. |
No. 15 of 1942. | Housing (Amendment) Act, 1942. | The whole Act. |
No. 1 of 1944. | Housing (Amendment) Act, 1944. | The whole Act. |
No. 2 of 1946. | Housing (Amendment) Act, 1946. | The whole Act. |
No. 1 of 1948. | The whole Act. | |
No. 23 of 1949. | Housing (Amendment) Act, 1949. | The whole Act. |
No. 25 of 1950. | The whole Act. | |
No. 16 of 1952. | The whole Act. | |
No. 16 of 1954. | The whole Act. | |
No. 31 of 1956. | Housing (Amendment) Act, 1956. | The whole Act. |
No. 11 of 1957. | Small Dwellings Acquisition Act, 1957. | The whole Act. |
No. 27 of 1958. | The whole Act. | |
No. 13 of 1960. | Housing (Amendment) Act, 1960. | The whole Act. |
No. 27 of 1962. | The whole Act. | |
No. 24 of 1965. | The Labourers Act, 1965. | The whole Act. |
SECOND SCHEDULE
Matters to which a Housing Authority are to have Regard in Considering Whether a House is Unfit for Human Habitation.
1. | Stability; |
2. | Resistance to spread of fire; |
3. | Safety of staircases and common passages including the state of paving in any yard or open space appurtenant to the house; |
4. | Resistance to moisture; |
5. | Resistance to transmission of heat; |
6. | Resistance to transmission of sound; |
7. | Resistance to infestation; |
8. | Water supply, sanitary arrangements and drainage; |
9. | Air space and ventilation; |
10. | Natural and artificial lighting; |
11. | Facilities for preparing, storing and cooking food; |
12. | The extent to which the house does not comply with any standard or requirement (other than a standard or requirement relating to any matter hereinbefore mentioned) of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963. |
THIRD SCHEDULE
Provisions Applicable As Respects Compulsory Purchase Orders
1. A compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it relates and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations—
(a) the Lands Clauses Acts (except sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Act of 1890);
(b) the Acquisition of Land (Assessment of Compensation) Act, 1919.
2. The modifications subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in a compulsory purchase order shall be as follows:
(a) where the purchase money or compensation payable to a person claiming any interest in land does not exceed the sum of five hundred pounds, and the claimant gives prima facie evidence that he is a person having power to sell under the Land Purchase Acts or the Lands Clauses Acts, and satisfies the housing authority that, for not less than six years immediately preceding, he, or his immediate predecessor in title, has been personally, or by an agent, in receipt of the rents or profits of the land, or in actual occupation thereof, the claimant may be dealt with by the authority as the absolute owner of the interest in respect of which he claims, and the purchase money or compensation may be paid to him;
(b) where any interest in land, in respect of which purchase money or compensation not exceeding the sum of five hundred pounds is payable, is subject to any mortgage or charge, the amount of the purchase money or compensation may be paid to the person entitled to the mortgage or charge, or if there is more than one such mortgage or charge, then to the person entitled to the mortgage or charge which is first in priority, and the amount so paid shall be received in reduction of the principal sum for the time being owing in respect of the mortgage or charge, notwithstanding any direction, proviso, or covenant to the contrary contained in any instrument;
(c) where a housing authority have, pursuant to paragraph (a) or (b) of this article, paid purchase money or compensation, not exceeding the sum of five hundred pounds, to any person, the person shall give the authority a receipt in the prescribed form for the purchase money or compensation and, except in the case of land to which a vesting order applies, the receipt shall, where it is given by a person who may be dealt with as absolute owner or by a person entitled to a mortgage or charge on the interest of any such person be effectual to vest absolutely in the authority, free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than a public right of way) the fee simple of the land in respect of which the purchase money or compensation was paid;
(d) a memorandum of the amount paid under paragraph (b) of this article shall, where practicable, be endorsed on the instrument creating the mortgage or charge, and shall be signed by the person receiving the purchase money or compensation, and a copy of the memorandum shall be furnished by the housing authority to all persons appearing to the authority to be entitled to any interest in the land subject to the mortgage or charge;
(e) a copy of the receipt mentioned in paragraph (c) of this article shall, on the request of any person entitled to any estate or interest in the land in respect of which the purchase money or compensation was paid, be furnished by the housing authority to that person;
(f) any person claiming to be entitled to any purchase money or compensation paid to another person under this article, may, within six years after the payment has been made, make an application to the Circuit Court and on the hearing the court may, as it thinks proper, either dismiss the application or make a decree against the housing authority for the amount found due in respect of the claim and the amount for which any such decree is made shall be a debt due to the authority by the person to whom the money was paid by them;
(g) if—
(i) it appears to the housing authority that the person making any claim for purchase money or compensation in respect of land, or any estate or interest in land, is not absolutely entitled to the land, estate or interest, or
(ii) the title to such land, estate, or interest is not satisfactorily shown to the housing authority,
and the purchase money or compensation does not exceed twelve hundred pounds, the authority may pay it into the Circuit Court and the court shall thereupon have with respect thereto all the jurisdiction exercisable by the High Court under the Lands Clauses Acts and the authority shall thereupon have with respect to the land, estate or interest all the like rights and powers as if the purchase money or compensation had been paid into the High Court;
(h) section 72 of the Lands Clauses Consolidation Act, 1845, shall have effect as if “five hundred pounds” were substituted therein for “twenty pounds”;
(i) notwithstanding the repeal by this Act of the Housing (Miscellaneous Provisions) Act, 1931, “two” shall continue to be substituted for “three” in article 6 of the Second Schedule to the Act of 1890;
(j) article 24 of the Second Schedule to the Act of 1890, as amended by section 31 of the Act of 1948 (repealed by this Act) shall have effect as if “at which, on the date of such entry the local authority could borrow from the local loans fund” was substituted for “of three pounds per centum per annum”;
(k) the compensation shall be assessed in accordance with such of the provisions of this Act relating to the assessment of compensation in respect of land acquired compulsorily as are applicable to the particular case;
(l) the arbitrator shall not take into account—
(i) any interest in land created after the date on which notice of the order having been made is published in accordance with article 4 of this Schedule, or
(ii) any building erected or any improvement or alteration made after the said date if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.
3. If the compulsory purchase order relates to land which includes a house and the house is, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the house shall be described in the prescribed manner in the order.
4. Before submitting the compulsory purchase order to the Minister the housing authority shall—
(a) publish in one or more newspapers circulating in their functional area a notice in the prescribed form stating the fact of such an order having been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and
(b) serve on every owner, lessee and occupier (except tenants for a month or a less period than a month) of any land to which the order relates a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation and specifying the time within which and the manner in which objections can be made thereto.
5. (1) Where a compulsory purchase order has been submitted to the Minister, he may, if he thinks fit, and subject to the following provisions of this article—
(a) annul the order by an annulment order, or
(b) confirm the order with or without modification by a confirmation order,
as respects all or part of the land to which the compulsory purchase order relates and in case the Minister makes an annulment order or a confirmation order in respect of part of such land, the Minister may make an annulment order or a confirmation order or a further annulment or confirmation order, as the case may be, in respect of any part of such land to which neither a previously made annulment order nor a previously made confirmation order relates.
(2) The Minister shall not confirm a compulsory purchase order in so far as it relates to any land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served until he has caused to be held a public local inquiry into such objection and until he has considered such objection and the report of the person who held the inquiry, unless—
(a) such objection is withdrawn, or
(b) the Minister is satisfied that such objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.
(3) An order made by the Minister shall not—
(a) authorise the housing authority to acquire compulsorily any land which the relevant compulsory purchase order would not have authorised them so to acquire if it had been confirmed without modification;
(b) authorise the housing authority to acquire as being a house unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense any house not so described in the original order.
(4) If the Minister is of the opinion that a house described in a compulsory purchase order as being unfit for human habitation and not capable of being rendered fit at reasonable expense ought not to have been so described, he shall annul the order in so far as it relates to the house, unless he is of the opinion that the house may properly be acquired by the housing authority, in which case he shall modify the order so as to authorise the authority to acquire the house and to pay compensation in respect thereof assessed in accordance with Part II of the Fourth Schedule to this Act.
(5) In construing any enactment incorporated in a compulsory purchase order—
(a) any reference to the special Act shall be construed as a reference to this Act together with the order;
(b) any reference to the confirming authority shall be construed as a reference to the Minister;
(c) any reference to a local authority or the promoters of the undertaking shall be construed as a reference to a housing authority;
(d) any reference to Part I or Part II of the Act of 1890, shall be construed as a reference to this Act;
(e) any reference to land shall be construed as including a reference to any interest or right over land granted by or held from the authority by whom the compulsory purchase order is made.
FOURTH SCHEDULE
Rules Applicable as Respects Assessment of Compensation
PART I
Land Consisting of a House Unfit for Human Habitation and not Capable of being Rendered Fit for Human Habitation at Reasonable Expense
The arbitrator shall assess the compensation to be paid for the land, including the buildings thereon, as the value of the land as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963, less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.
PART II
Other Land
1. If the arbitrator is satisfied with respect to any premises that the rental thereof was enhanced by reason of their being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the compensation shall so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes and only by the number of persons whom the premises were, under all the circumstances of the case, fitted to accommodate without such overcrowding.
2. If the arbitrator is satisfied that any premises are in a state of defective sanitation or are not in reasonably good repair the compensation shall be the estimated value of the premises if put into a sanitary condition, or reasonably good repair, less the estimated expense of putting them into such condition or repair.
3. The housing authority may tender evidence as to the matters aforesaid, notwithstanding that they have not taken any steps with a view to remedying the defects or evils disclosed by the evidence.