Housing Amendment Act, 1948
What is this act about?
This law, the Housing Amendment Act, 1948, aims to improve and expand existing housing legislation, particularly concerning housing for the working classes, labourers, and the acquisition of small dwellings. It provides for further financial assistance to local authorities for housing.
Who it applies to: Housing authorities; Persons and public utility societies involved in housing.
At a glance
- Country
- Ireland
- Area of law
- Labour law
- Articles
- 45
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The demolition or change of use of habitable houses.
- The use of certain premises as multiple dwellings.
- The provision of grants by the Minister and housing authorities for housing purposes.
- Regulations applicable to houses provided under the Housing of the Working Classes Acts and Labourers Acts.
Who does this act apply to?
- Housing authorities.
- Persons and public utility societies involved in housing.
- Tenants and persons applying for tenancies.
What are the key points?
- A housing authority may grant or refuse permission to demolish or change the use of a habitable house.
- The Minister for Local Government makes regulations under this Act, which must be laid before each House of the Oireachtas.
- Offences under this Act can be continuing offences, and summary proceedings may be instituted within twelve months from the date of the offence.
- The Act amends and extends the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1946, the Housing of the Working Classes Acts, 1890 to 1931, the Labourers Acts, 1883 to 1941, and the Small Dwellings Acquisition Acts, 1899 to 1931.
Labour law
Legal text
Legal text
Contents (45)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
Housing Amendment Act, 1948 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1948 Housing Amendment Act, 1948 Housing Amendment Act, 1948 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 1 of 1948.
HOUSING (AMENDMENT) ACT, 1948.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section
Section 1
Short title, construction and collective citation.
Section 2
Definitions.
Section 3
Regulations.
Section 4
Expenses.
Section 5
Repeals.
Section 6
Offences, prosecutions and punishments.
PART II.
Control of Certain Premises.
Section 7
Grant of permission by housing authority to demolish habitable houses.
Section 8
Prohibition of demolition of certain habitable houses.
Section 9
Non-application of section 7 or 8 of this Act in certain cases.
Section 10
Application of section 11 or 12 of this Act.
Section 11
Prohibition of use of certain premises as multiple dwellings.
Section 12
Grant by housing authority of permission for purposes of section 11 of this Act.
Section 13
Exclusion of furnished lettings.
Section 14
Requiring information from tenants and persons applying for tenancies.
Section 15
Bye-laws respecting certain houses.
PART III.
Financial Provisions.
Section 16
Grants by Minister to persons and public utility societies.
Section 17
Grants by Minister to persons and public utility societies in certain cases.
Section 18
Increase of grants under section 5 (1) (h) of Act of 1932.
Section 19
Grants by housing authorities to persons.
Section 20
Grants by Minister and housing authorities to public utility societies.
Section 21
Grants by Minister and housing authorities to public utility societies in certain cases.
Section 22
Amendment of subsection (1) of section 5 of the Act of 1932.
Section 23
Amendment of section 6 of the Act of 1932.
Section 24
Amendment of section 14 of the Act of 1932.
Section 25
Amendment of section 5 of the Act of 1937.
Section 26
Limit of grants under this Act, the Act of 1932 and the Act of 1937.
Section 27
Grant in respect of house reserved for occupation by persons of a particular class.
Section 28
Payment of certain grants where house ceases to be situate in a rural area.
PART IV
Housing of the Working Classes.
Section 29
Regulations applicable to houses provided under the Housing of the Working Classes Acts.
Section 30
Provision of reserved houses by certain housing authorities.
Section 31
Amendment of Article 24 of the Second Schedule to the Housing of the Working Classes Act, 1890.
Section 32
Remuneration of solicitors for business arising under the Housing of the Working Classes Acts.
PART V
Labourers' Cottages.
Section 33
Extension of definition of “agricultural labourer”.
Section 34
Purchase scheme under the Labourers Act, 1936, not to be made in certain case.
Section 35
Regulations applicable to cottages provided under the Labourers Acts.
Section 36
Power of entry on lands proposes to be acquired.
Section 37
Borrowing.
PART VI.
Acquisition of Small Dwellings.
Section 38
Value of houses in respect of which advances may be made under Act of 1899.
Section 39
Amendment of Section 9 (4) of Act of 1899.
Section 40
Rate of interest on advances under the Act of 1899.
PART VII.
Miscellaneous.
Section 41
Exemption of housing authorities from the provisions of section 201 of the Public Health (Ireland) Act, 1878, in certain cases.
Section 42
Amendment of Third Schedule to Act of 1932.
Section 43
Validity and date of operation of certain compulsory purchase orders.
Section 44
Relief from rates.
Section 45
Rates of wages, conditions of labour and enforcement of undertakings.
FIRST SCHEDULE.
Enactments Repealed.
SECOND SCHEDULE.
Grants to be made by the Minister.
THIRD SCHEDULE.
Grants to be made by the Minister in certain cases.
FOURTH SCHEDULE.
Grants to be made by Housing Authorities.
FIFTH SCHEDULE.
Grants to be made by the Minister and Housing Authorities.
SIXTH SCHEDULE.
Grants to be made by the Minister and by Housing Authorities in certain cases.
Acts Referred to Housing (Financial and Miscellaneous Provisions) Act, 1932 No. 19 of 1932 Housing and Labourers Act, 1937 No. 42 of 1937 Public Assistance Act, 1939 No. 27 of 1939 Housing (Amendment) Act, 1946 No. 2 of 1946 Labourers Act, 1936 No. 24 of 1936 Housing (Miscellaneous Provisions) Act, 1931 No. 50 of 1931 Labourers Act, 1930 No. 25 of 1930 Number 1 of 1948.
HOUSING (AMENDMENT) ACT, 1948.
AN ACT TO MAKE FURTHER AND BETTER PROVISION WITH RESPECT TO HOUSING, TO AMEND AND EXTEND THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1946, THE HOUSING OF THE WORKING CLASSES ACTS, 1890 TO 1931, THE LABOURERS ACTS, 1883 TO 1941 AND THE SMALL DWELLINGS ACQUISITION ACTS, 1899 TO 1931, TO MAKE FURTHER PROVISION FOR THE FINANCIAL ASSISTANCE OF LOCAL AUTHORITIES IN THE PROVISION OF HOUSING ACCOMMODATION AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [13th January, 1948.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I.
Preliminary and General.
Short title, construction and collective citation.
1.—(1) This Act may be cited as the Housing (Amendment) Act, 1948.
Definitions.
2.—In this Act— the expression “the Act of 1899” means the Small Dwellings Acquisition Act, 1899; the expression “the Act of 1932” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932); the expression “the Act of 1937” means the Housing and Labourers Act, 1937 (No. 42 of 1937); the word “dwellinghouse” means a building constructed or adapted to be used wholly or principally for human habitation; the expression “habitable house” means a house situate in the functional area of a housing authority which, in the opinion of such authority, is reasonably fit for human habitation or is reasonably capable of being rendered so fit; the expression “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; (c) an urban district, the council of such urban district, and (d) a town having town commissioners under the Towns Improvement (Ireland) Act, 1854 , except as respects sections 14 , 19 , 20 , 21 and 41 of this Act, the commissioners of such town, and, as respects the said sections, the council of the county in which such town is situate, and references to the functional area of a housing authority shall be construed accordingly. the expression “the Housing of the Working Classes Acts” means the Housing of the Working Classes Acts, 1890 to 1931, as amended by this Act; the expression “the Labourers Acts” means the Labourers Acts, 1883 to 1941, as amended by this Act; the expression “the Minister” means the Minister for Local Government.
Regulations.
3.—(1) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.
Expenses.
4.—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 paid out of moneys provided by the Oireachtas.
Repeals.
5.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.
Offences, prosecutions and punishments.
6.—(1) Where an offence under any section of this Act is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, or other officer of such body corporate, such director, manager, secretary, or other officer shall also be deemed to have committed the said offence and shall be liable to be proceeded against and punished accordingly.
PART II.
Control of Certain Premises.
Grant of permission by housing authority to demolish habitable houses.
7.—(1) A housing authority may, as they think fit, grant or refuse permission to a person to demolish in whole or in part or use otherwise than as a dwelling house any habitable house.
Prohibition of demolition of certain habitable houses.
8.—(1) A person shall not demolish in whole or in part or use otherwise than as a dwellinghouse any habitable house unless he has the permission, given under subsection (1) of section 7 of this Act, of the housing authority in whose functional area the habitable house is situate or the permission of the Minister given under subsection (2) of section 7 of this Act.
Non-application of section 7 or 8 of this Act in certain cases.
9.—
Section 7
or section 8 of this Act shall not apply to the demolition in whole or in part or the use otherwise than as a dwellinghouse of any habitable house where such habitable house was occupied and used otherwise than as a dwellinghouse immediately before the passing of this Act or where such demolition or such use is required or authorised under or in pursuance of any enactment or for any statutory purpose.
Application of section 11 or 12 of this Act.
10.—(1)
Section 11
or 12 of this Act shall not apply outside— (a) the county boroughs of Dublin, Cork, Limerick, and Waterford and the borough of Dún Laoghaire, and (b) the functional area of any housing authority as respects which an order under subsection (2) of this section is in force.
Prohibition of use of certain premises as multiple dwellingse.
11.—(1) After the coming into operation of this subsection, a person shall not permit premises to be used as a multiple dwelling (whether or not the premises are so used at such commencement or were previously so used) without the permission, in writing, of the housing authority in whose functional area the premises are situate and such permission shall not be unreasonably withheld.
Grant by housing authority of permission for purposes of section 11 of this Act.
12.—(1) A housing authority may, from time to time, grant or refuse permission for the purposes of section 11 of this Act.
Exclusion of furnished lettings.
13.—(1) In ascertaining, for the purposes of section 11 of this Act, whether premises are a multiple dwelling, a part of the premises which is the subject of a furnished letting shall be disregarded if, in the opinion of the housing authority, the rent thereof is greater than the rent which a person of the working classes would be likely to pay for the letting.
Requiring information from tenants and persons applying for tenancies.
14.—(1) A housing authority may, for the purpose 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 house, cottage or other accommodation provided under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1946, the Housing of the Working Classes Acts or the Labourers Acts, require such person to furnish particulars in writing of the following matters:— (a) the number of members of such person's family residing with him, together with their ages, sex, occupations and condition of health; (b) the weekly income of such 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 such person or any member of his family residing with him from State funds or from any public assistance authority within the meaning of the Public Assistance Act, 1939 (No. 27 of 1939) or from any other source whatsoever excluding temporary allowances from any charitable organisation; (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 the rent payable in respect of such premises and the name and address of the person to whom such rent is payable.
Bye-laws respecting certain houses.
15.—A housing authority shall have the like powers of making and enforcing bye-laws respecting houses containing not more than two rooms and intended or used for occupation by members of the working classes which are occupied by not more than one family as are conferred, under section 20 of the Housing (Ireland) Act, 1919, on the local authority of an urban district or town in the case of houses intended or used for occupation by members of the working classes which are let in lodgings or occupied by members of more than one family and the provisions of the said section 20 shall have effect as if such bye-laws were made under that section.
PART III.
Financial Provisions.
Grants by Minister to persons and public utility societies.
16.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any person erecting or reconstructing or to any public utility society erecting, one or more than one house, a grant not exceeding the appropriate sum specified in the Second Schedule to this Act if— (a) erection or reconstruction commence on or after the 1st day of November, 1947, and is completed on or before the 1st day of April, 1950; (b) such house or houses complies or comply with the rules set out in the First Schedule to the Act of 1932; (c) such house or houses is or are occupied when completed by (i) in case such house or houses is or are erected by a public utility society—a member of that society. (ii) in any other case—the person who erected or reconstructed such house.
Grants by Minister to persons and public utility societies in certain cases.
17.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any person or public utility society erecting one or more than one house, a grant not exceeding the appropriate sum specified in the Third Schedule to this Act if— (a) erection commenced on or after the 1st day of November, 1945, and is completed on or before the 1st day of April, 1950; (b) such house or houses complies or comply with the rules set out in the First Schedule to the Act of 1932; (c) such house or houses was or were not occupied on or before the 1st day of November, 1947; (d) such house or houses is or are occupied when completed by (i) in case such house or houses is or are erected by a public utility society—a member of that society, (ii) in any other case—the person who erected such house.
Increase of grants under section 5 (1) (h) of Act of 1932.
18.—A grant payable, under paragraph (h) of subsection (1) of section 5 of the Act of 1932, to a person reconstructing a house may be increased to sixty pounds where— (a) the person applied for the grant before the 1st day of November, 1947, and (b) the reconstruction of the house was commenced but not completed before the 1st day of November, 1947.
Grants by housing authorities to persons.
19.—(1) A housing authority shall, subject to regulations made under this section, make to any person erecting one or more than one house in the functional area of the authority, a grant not exceeding the appropriate sum mentioned in the second column of the Fourth Schedule to this Act and each such grant shall be made (subject to the said regulations) in ten successive annual instalments not exceeding the appropriate sum mentioned in the third column of that Schedule.
Grants by Minister and housing authorities to public utility societies.
20.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any public utility society erecting one or more than one house for occupation by a person of the working classes or an agricultural labourer, a grant not exceeding the appropriate sum specified in the Fifth Schedule to this Act, if:— (a) the erection of the house or houses was commenced on or after the 1st day of November, 1947, and is completed on or before the 1st day of April, 1950; and (b) such house or houses complies or comply with the rules set forth in the First Schedule to the Act of 1932; and (c) such public utility society undertakes with the Minister that such society will not sell such house or houses and will let such house or houses only at such rent and subject to such conditions as may be approved by the Minister.
Grants by Minister and housing authorities to public utility societies in certain cases.
21.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any public utility society erecting one or more than one house for occupation by a person of the working classes or an agricultural labourer, a grant not exceeding the appropriate sum specified in the Sixth Schedule to this Act, if— (a) erection commenced on or after the 1st day of November, 1945, and is completed on or before the 1st day of April, 1950; and, (b) such house or houses complies or comply with the rules set forth in the First Schedule to the Act of 1932; and (c) such house or houses was or were not occupied before the 1st day of November, 1947; and (d) such public utility society undertakes with the Minister that such society will not sell such house or houses and will let such house or houses only at such rent and subject to such conditions as may be approved by the Minister.
Amendment of subsection (1) of section 5 of the Act of 1932.
22.—(1) The reference to the 1st day of April, 1947, contained (by virtue of subsection (1) of section 2 of the Housing (Amendment) Act, 1946 , (No. 2 of 1946)) in each of the paragraphs (c), (d), (e), (f), (g), (h), (i) and (j) of subsection (1) of section 5 of the Act of 1932 shall be construed as a reference to the 1st day of April, 1950.
Amendment of section 6 of the Act of 1932.
23.—(1) Subsection (1) of section 6 of the Act of 1932 is hereby amended— (a) by the substitution in paragraph (a) and in paragraph (b) of the word “fifty” for the word “thirty-five”, and (b) by the insertion in subparagraph (i) of paragraph (a) after the word “displaced” of the words “by the collapse or destruction of their former dwellings or”, and after the word “Acts” of the words “or sections 75 to 78 of the Towns Improvement Clauses Act, 1847, as incorporated with any enactment, section 20 of the Dublin Improvement Acts Amendment Act, 1864, or Part II of the Dublin Corporation Act, 1890”.
Amendment of section 14 of the Act of 1932.
24.—Section 14 of the Act of 1932 is hereby amended by the insertion of the following subsection at the end of the said section:— “(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 such provision of the Minister for Finance.”
Amendment of section 5 of the Act of 1937.
25.—(1) Subsection (2) of section 5 of the Act of 1937 is hereby amended:— (a) by the substitution in paragraph (a) of “£80” for “£40”, and (b) by the substitution in paragraph (b) of the words “one third” for the words “one quarter”.
Limit of grants under this Act, the Act of 1932 and the Act of 1937.
26.—(1) The aggregate amount of grants to be made by the Minister under section 5 of the Act of 1932 as amended by any subsequent enactment (including this Act) and section 5 of the Act of 1937, shall not exceed the sum of three million five hundred and fifty thousand pounds.
Grant in respect of house reserved for occupation by persons of a particular class.
27.—(1) The Minister may, with the consent of the Minister for Finance, make out of moneys to be provided by the Oireachtas grants to a housing authority providing houses for occupation by persons of a class specified in regulations made under paragraph (b) of subsection (1) of section 29 of this Act, but no such grant shall exceed two hundred and fifty pounds in respect of each separate dwelling (whether a house or part of a house) so provided.
Payment of certain grants where house ceases to be situate in a rural area.
28.—Where— (a) the Minister has agreed to make a grant for the erection of a house in a rural area pursuant to paragraph (c), (d), (e), (f) or (g) of subsection (1) of section 5 of the Act of 1932, and (b) before such grant is paid, such house ceases to be in a rural area as a result of the constitution of a new urban district or an alteration of the boundary of a county or other borough, an urban district or a town, the Minister may pay such grant notwithstanding that such house has ceased to be situate in a rural area.
PART IV.
Housing of the Working Classes.
Regulations applicable to houses provided under the Housing of the Working Classes Acts.
29.—(1) The Minister may make regulations for the purpose of securing the proper and efficient management of houses provided under the Housing of the Working Classes Acts, providing for all or any of the following matters:— (a) the maximum and minimum number of persons who shall be permitted to occupy such houses on any letting; (b) the reservation of such houses (in this Act referred to as “reserved houses”) for occupation by persons of a particular class and the number of houses and type of house that may be so reserved; (c) the method of selection of tenants and the classes of persons to whom preference shall be given; (d) the terms and conditions to be included in any agreement under which any person is permitted to occupy or use such house; (e) such other matters as the Minister may consider necessary or expedient.
Provision of reserved houses by certain housing authorities.
30.—(1) A housing authority (being the corporation of a county borough or the corporation of the borough of Dun Laoghaire) may and, if required by the Minister, shall provide reserved houses for occupation by persons of a particular class.
Amendment of Article 24 of the Second Schedule to the Housing of the Working Classes Act, 1890.
31.—Article 24 of the Second Schedule to the Housing of the Working Classes Act, 1890, is hereby amended by the substitution therein of three pounds per centum per annum for five pounds per centum per annum as the rate of interest to be paid by a housing authority upon the compensation money payable by them in respect of any lands entered on by virtue of the said article.
Remuneration of solicitors for business arising under the Housing of the Working Classes Acts, 32.—Unless the Minister shall in any particular case otherwise direct or agree, the costs payable by a housing authority in respect of the acquisition of land for the purposes of the Housing of the Working Classes Acts, shall be regulated as follows:— (a) where such land is registered land within the meaning of the Registration of Title Acts, 1891 and 1942, by the provisions of the Land Registration Rules, 1937; (b) where such land is not registered land within the meaning of the Registration of Title Acts, 1891 and 1942 by the Solicitors' Remuneration General Orders, 1884 to 1947, with the exception of Clause 6 and Rule 11 in Part I of the Schedule to the Solicitors' Remuneration General Order, 1884.
PART V.
Labourers' Cottages.
Extension of definition of “agricultural labourer.”
33.—The expression “agricultural labourer” in the Labourers Acts shall include any man who:— (a) is normally engaged in doing agricultural work on the land of a relative, and (b) resided with that relative when he applied for, or became tenant of, a cottage provided by a council of a county under the Labourers Acts.
Purchase scheme under the Labourers Act, 1936, not to be made in certain case.
34.—(1) Where a cottage provided by the council of a county under the Labourers Acts is let to a tenant who is an agricultural labourer within the meaning of the said Acts because:— (a) he is normally engaged in doing agricultural work on the land of a relative, and (b) he resided with that relative when he applied for, or became tenant of, such cottage, such council shall not prepare a purchase scheme under the Labourers Act, 1936 (No. 24 of 1936) in relation to such cottage so long as such tenant is an agricultural labourer only because he is normally engaged in doing agricultural work on the land of a relative.
Regulations applicable to cottages provided under the Labourers Acts.
35.—(1) The Minister may make regulations for the purpose of securing the proper and efficient management of cottages provided under the Labourers Acts providing for all or any of the following matters:— (a) the maximum and minimum number of persons who shall be permitted to occupy a cottage on any letting; (b) the method of selection of tenants and the classes of persons to whom preference shall be given; (c) the terms and conditions to be included in any agreement under which any person is permitted to occupy or use a cottage; (d) such other matters as the Minister may consider necessary or expedient.
Power of entry on lands proposes to be acquired.
36.—(1) Where a council of a county are by a compulsory purchase order made and confirmed under section 20 of the Act of 1932 authorised to purchase land compulsorily for the purposes of the Labourers Acts, the council may at any time after such order has become operative on giving not less than fourteen days notice in writing to the owner and occupier of the land enter on and take possession of the land or of such part thereof as may be specified in the notice without previous consent or compliance with the provisions of the Lands Clauses Acts as amended by the Labourers Acts relating to entry on lands and upon the service of any such notice the council shall be deemed to have signified their intention of purchasing the land and 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 time of such entry.
Borrowing.
37.—(1) A council of a county may borrow for the purposes of defraying any expenses incurred by them in the execution of any of their powers and duties under the Labourers Acts in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.
PART VI.
Acquisition of Small Dwellings.
Value of houses in respect of which advances may be made under Act of 1899.
38.—(1) An advance shall not be made under section 1 of the Act of 1899 for the acquisition of the ownership or the erection of a house where in the opinion of the local authority the market value of the house exceeds or would exceed the maximum sum.
Amendment of Section 9 (4) of Act of 1899.
39.—(1) Subsection (4) of section 9 of the Act of 1899, is hereby amended by the substitution for the words “and not reimbursed by the receipts under this Act” of the following: “because of the default of persons, to whom advances have been made, to repay instalments of principal or interest on such advances”.
Rate of interest on advances under the Act of 1899.
40.—The rate of interest on advances under section 1 of the Act of 1899, shall, as regards any advance made after the passing of this Act, be a rate of not more than one half of one per centum per annum in excess of the rate of interest at which the local authority borrowed the money for the purpose of making the advance.
PART VII.
Miscellaneous Exemption of housing authorities from the provisions of section 201 of the Public Health (Ireland) Act, 1878 , in certain cases.
41.—(1) The Minister may exempt a housing authority from compliance with all or any of the provisions of section 201 of the Public Health (Ireland) Act, 1878 , as respects contracts to be entered into by the housing authority in the exercise of their powers and the performance of their duties under the Housing of the Working Classes Acts or the Labourers Acts.
Amendment of Third Schedule to Act of 1932.
42.—The Act of 1932 is hereby amended by the substitution, for Article 4 of the Third Schedule thereto, of the following:— “4. (a) If no objection is duly made by any of the persons upon whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, annul the order or confirm the order with or without modification. (b) If an objection is duly made by any such person and such objection is not withdrawn and, as respects part of the land proposed to be acquired, no objection or only a withdrawn objection or withdrawn objections has or have been made, the Minister may, if he thinks fit, annul the order or confirm the order forthwith with or without modification in so far only as it relates to land to the acquisition of which no objection or the withdrawn objection or withdrawn objections has or have been made and, in so far as it relates to the remaining land proposed to be acquired, cause to be held a public local inquiry into any objection not withdrawn and, having considered such objection and the report of the person who held the inquiry, may then annul the order or confirm the order with or without modification in so far as it relates to such land. (c) In any other case, the Minister shall cause a public local inquiry to be held and, having considered any objection not withdrawn and the report of the person who held the inquiry, may then annul the order or confirm the order either with or without modification;
Provided that— (i) the Minister may require any person who has made an objection to state in writing the grounds thereof, and may confirm the order without causing a public local inquiry to be held if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed; (ii) the order as confirmed by the Minister shall not authorize the council of a county to purchase compulsorily any land which the order would not have authorized them so to purchase if it had been confirmed without modification.”
Validity and date of operation of certain compulsory purchase orders.
43.—(1) This section applies to a compulsory purchase order made under section 20 of the Act of 1932, as respects which an objection was duly made by any of the persons upon whom notices are required by that Act to be served and such objection was not withdrawn and which has been confirmed by the Minister firstly in so far only as it related to land to the acquisition of which no objection or only a withdrawn objection or withdrawn objections had been made (in this section referred to as “the first confirmation”) and secondly in so far as it related to the remaining land acquired (in this section called “the second confirmation”).
Relief from rates.
44.—(1) In every case in which a grant for the erection of a house is made under section 16 of this Act to a person or public utility society and an increase in the valuation of the tenement, consisting of or including such house, is made on an application for the revision of such valuation by reason solely of such erection, the valuation of such tenement shall be deemed to be reduced for rating purposes by two-thirds of such increase.
Rates of wages conditions of labour and enforcement of undertakings.
45.—(1) The Minister under section 16 or 20 of this Act, or the housing authority, under section 19 of this Act, shall not make a grant in respect of the erection of a house where it is shown to his or their satisfaction that throughout such erection rates of wages have not been paid or conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages or conditions of labour generally recognised by trade unions, in the area in which such house is erected, at the commencement of such erection and the Minister or the housing authority may as a condition of his or their making any such grant require a person or a public utility society (as the case may be) to enter into any undertaking which seems proper to the Minister or to such housing authority as to the rates of wages to be paid or the conditions of labour to be observed in such erection.
FIRST SCHEDULE.
Enactments Repealed.
Section 5
.
Session and Chapter or Number and Year Short title Extent of Repeal 46 & 47 Vict. c. 60 The Labourers (Ireland Act, 1883.
Section 17.
53 & 54 Vict. c. 70 The Housing of the Working Classes Act, 1890.
Sections 26 and 63.
53 & 54 Vict. c. ccxlvi.
The Dublin Corporation Act, 1890.
Sections 29 and 30.
59 & 60 Vict. c. 53 The Labourers (Ireland) Act, 1896.
Section 4.
62 & 63 Vict., c. 44 The Small Dwellings Acquisition Act, 1899.
Subsection (1) of section 1 from the words “and an advance” to the end of the subsection.
6 Edw. 7, c. 37 The Labourers (Ireland) Act, 1906.
Subsection (1) of section 2 from the words “and they may borrow” to the end of the subsection; sections 10, 12 and 29.
8 Edw. 7, c. 61 The Housing of the Working Classes (Ireland) Act, 1908.
Subsection (2) of section 1.
11 & 12 Geo. 5, c. 19 The Housing Act, 1921.
Section 5.
No. 25 of 1930 The Labourers Act, 1930 .
The whole Act.
No. 50 of 1931 The Housing (Miscellaneous Provisions) Act, 1931 .
Sections 48 , 55 , 57 and 60 .
No. 19 of 1932 The Housing (Financial and Miscellaneous Provisions) Act, 1932 .
Subsection (5) of section 6 .
No. 42 of 1937 The Housing and Labourers Act, 1937 .
Paragraphs (a) and (b) of subsection (8) of section 5 .
No. 2 of 1946 The Housing (Amendment) Act, 1946 .
Section 2
.
SECOND SCHEDULE.
Grants to be made by the Minister.
Section 16
.
Persons to whom grants will be made by Minister Where sewerage and piped water supply are not available Where sewerage and piped water supply are available Number of rooms in house Number of rooms in house 3 4 5 or more 3 4 5 or more £ £ £ £ £ £ Person erecting house for own occupation 125 175 225 175 225 275 Public utility society building house for occupation by member 135 185 235 185 235 285 Agricultural labourer or any other person who derives his livelihood solely or mainly from the pursuit of agriculture and is in occupation of land and buildings whose rateable value or the aggregate of whose rateable value does not exceed £35, reconstructing house in own occupation 80 80 80 80 80 80 THIRD SCHEDULE.
Grants to be made by the Minister in certain cases.
Section 17
.
Person to whom grants will be made by the Minister Where sewerage and piped water supply are not available Where sewerage and piped water supply are available Number of rooms in house Number of rooms in house 3 4 5 or more 3 4 5 or more £ £ £ £ £ £ Person erecting house for own occupation 87·10 122·10 157·10 122·10 157·10 192·10 Public utility society building house for occupation by member 94·10 129·10 164·10 129·10 164·10 199·10 FOURTH SCHEDULE.
Grants to be made by Housing Authorities.
Section 19
.
Number of rooms in house Maximum grant by housing authority Maximum annual instalment by housing authority
(1)
(2)
Grants to be made by the Minister and Housing Authorities.
Section 20
.
Type of House Maximum grant by Minister Maximum grant by Housing Authority £ £ House with three rooms 150 75 House with four rooms 200 100 House with five or more rooms 250 125 SIXTH SCHEDULE.
Grants to be made by the Minister and by Housing Authorities in certain cases.
Section 21
.
Type of House Maximum grant by Minister Maximum grant by Housing Authority £ £ House with three rooms 105 52·10 House with four rooms 140 70 House with five or more rooms 175 87·10 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais