Housing (Amendment) Act, 1958
What is this act about?
This law, the Housing (Amendment) Act, 1958, makes further and better provisions regarding housing. It amends and extends several existing housing-related acts.
Who it applies to: Housing authorities (county councils, borough corporations, and urban district councils); Individuals receiving grants for housing improvements or reconstruction.
At a glance
- Country
- Ireland
- Area of law
- Labour law
- Articles
- 31
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Financial provisions related to housing grants and loans.
- The control of certain premises.
- Matters concerning the housing of the working classes.
- Provisions related to labourers' cottages and the acquisition of small dwellings.
Who does this act apply to?
- Housing authorities (county councils, borough corporations, and urban district councils).
- Individuals receiving grants for housing improvements or reconstruction.
What are the key points?
- Certain sections of previous housing acts, which were due to expire on April 1, 1958, are extended until April 1, 1960.
- Housing authorities may provide additional grants, matching the amount of grants made under section 3 of the Housing (Gaeltacht) Act, 1929, for improvements or extensions started on or after June 30, 1958.
- Housing authorities may also provide additional grants, matching the amount of grants made by the Minister, for house reconstruction started on or after June 30, 1958.
- The Second Schedule to the Act of 1948 is amended, changing certain figures from "80" to "100", "100" to "120", and "120" to "140".
Labour law
Legal text
Legal text
Contents (31)
- 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
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HOUSING (AMENDMENT) ACT, 1958.
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.
PART II.
Financial Provisions.
Section 6
Continuance of certain sections.
Section 7
Additional grants where certain grants are made under section 3 of Housing (Gaeltacht) Act, 1929.
Section 8
Amendment of section 16 of and the Second Schedule to the Act of 1948.
Section 9
Grants under section 7 of the Act of 1952.
Section 10
Amendment of section 33 of the Act of 1952.
Section 11
Amendment of section 12 of the Act of 1954 and of section 9 of the Act of 1956.
Section 12
Amendment of section 11 of the Act of 1956.
Section 13
Advances by housing authorities for reconstruction, repair, and improvement of houses.
Section 14
Contributions by Minister to annual loan charges of housing authorities.
Section 15
Subsidy by Minister in respect of certain annual loan charges of local authorities.
Section 16
Provisions consequential on termination of Labourers' Cottages Fund.
Section 17
Provisions consequential on termination of Irish Housing Fund.
PART III
Control of Certain Premises
Section 18
Continuance of section 8 of the Act of 1948.
Section 19
Amendment of section 27 of the Act of 1952.
PART IV
Housing of the Working Classes
Section 20
Amendment of section 18 of the Act of 1931.
Section 21
Restriction on user of house before compliance with notice under section 19 of the Act of 1931.
Section 22
Service of copy of demolition order in respect of insanitary houses and securing them against reoccupation.
Section 23
Amendment of section 25 of the Act of 1931.
Section 24
Assessment of compensation for certain dwelling houses compulsorily acquired by a local authority.
Section 25
Annulment of compulsory purchase orders under the Act of 1931.
PART V
Labourers Cottages
Section 26
Continuance of Labourers' Acts.
Section 27
Provision of flats under the Labourers' Acts.
Section 28
Letting of cottages under section 35 of the Act of 1948.
Section 29
Annulment of compulsory purchase orders under the Act of 1932.
PART VI
Acquisition of Small Dwellings
Section 30
Amendment of section 32 of the Act of 1950.
PART VII
Miscellaneous
Section 31
Relief from rates.
SCHEDULE Repeals Acts Referred to Housing (Miscellaneous Provisions) Act, 1931 1931, No. 50.
Housing (Financial and Miscellaneous Provisions) Act, 1932 1932, No. 19.
Housing (Amendment) Act, 1948 1948, No. 1.
Housing (Amendment) Act, 1950 1950, No. 25.
Housing (Amendment) Act, 1952 1952, No. 16.
Housing (Amendment) Act, 1954 1954, No. 16.
Housing (Amendment) Act, 1956 1956, No. 31.
Labourers (Ireland) Act, 1906 1906, c. 37.
Housing (Gaeltacht) (Amendment) Act, 1953 1953, No. 6.
Housing (Gaeltacht) Act, 1929 1929, No. 41.
Purchase of Land (Ireland) Act, 1891 1891, c. 48.
Local Loans Fund Act, 1935 1935, No. 16.
Housing of the Working Classes (Ireland) Act, 1908 1908, c. 61.
Labourers Act, 1936 1936, No. 24.
Number 27 of 1958.
HOUSING (AMENDMENT) ACT, 1958.
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 1956, THE HOUSING OF THE WORKING CLASSES ACTS, 1890 TO 1956, THE LABOURERS ACTS, 1883 TO 1956, AND THE SMALL DWELLINGS ACQUISITION ACTS, 1899 TO 1957, AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORE-SAID. [30th July, 1958.] 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, 1958.
Definitions.
2.—In this Act— “the Act of 1931” means the Housing (Miscellaneous Provisions) Act, 1931 ; “the Act of 1932” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 ; “the Act of 1948” means the Housing (Amendment) Act, 1948 ; “the Act of 1950” means the Housing (Amendment) Act, 1950 ; “the Act of 1952” means the Housing (Amendment) Act, 1952 ; “the Act of 1954” means the Housing (Amendment) Act, 1954 ; “the Act of 1956” means the Housing (Amendment) Act, 1956 ; “housing authority” means in the case of— (a) a county health district, 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 council, the council of such urban district; “the Housing of the Working Classes Acts” means the Housing of the Working Classes Acts, 1890 to 1956, as amended by this Act; “the Labourers Acts” means the Labourers Acts, 1883 to 1956, as amended by this Act; “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 the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.
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.—(1) Each enactment specified in the Schedule to this Act is hereby repealed to the extent specified in the third column of that Schedule
PART II
Financial Provisions Continuance of certain sections.
6.—(1) The reference to the 1st day of April, 1958, contained (by virtue of section 6 of the Act of 1956) in paragraph (a) of subsection (1) of section 16 of the Act of 1948, paragraph (a) of subsection (1) of section 20 of that Act and paragraph (a) of subsection (1) of section 24 of the Act of 1952 shall be construed as a reference to the 1st day of April, 1960.
Additional grants where certain grants are made under section 3 of Housing (Gaeltacht) Act, 1929.
7.—(1) Where a grant is made to a person under subsection (2) or subsection (3) (inserted by the Housing (Gaeltacht) (Amendment) Act, 1953 ) of section 3 of the Housing (Gaeltacht) Act, 1929 , the housing authority may make to that person a grant of an amount not exceeding the amount of the grant made under that section.
Amendment of section 16 of and the Second Schedule to the Act of 1948.
8.—(1) Section 16 of the Act of 1948 is hereby amended by the insertion after subsection (3) of the following subsections: “(3A) Where a grant is made to a person reconstructing a house under this section by the Minister and the reconstruction commenced on or after the 30th day of June, 1958, the housing authority may make to that person a grant of an amount not exceeding the amount of the grant made by the Minister. (3B) A grant shall not be made under section 9, 10 or 11 of the Act of 1952 in respect of a house in respect of which a grant is made under subsection (3A) of this section. (3C) For the purposes of subsection (3A) of this section a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.”
Grants under section 7 of the Act of 1952.
9.—Notwithstanding the provisions of subsection (5) of section 11 of the Act of 1956, a grant may be made under section 7 of the Act of 1952 to a person providing and installing in a dwellinghouse a private water supply and sewerage facilities, if the provision and installation of the water supply and sewerage facilities commenced before the 25th day of July, 1956, and are completed on or before the 1st day of April, 1960.
Amendment of section 33 of the Act of 1952.
10.—(1) Section 33 of the Act of 1952 is hereby amended by the substitution of “£100” for “£80” in paragraph (a) of subsection (2).
Amendment of section 12 of the Act of 1954 and of section 9 of the Act of 1956.
11.—(1) Section 12 of the Act of 1954 is hereby amended by the substitution of “£100” for “£80” in paragraph (a) of subsection (1) and section 9 of the Act of 1956 is hereby amended by the substitution of “£100” for “£80”, “£140” for “£120” and “£120” for “£100” in subsection (1).
Amendment of section 11 of the Act of 1956.
12.—(1) Section 11 of the Act of 1956 is hereby amended by the substitution of “£50” for “£40” in subsection (1) and of “£25” for “£20” in subsection (2).
Advances by housing authorities for reconstruction, repair, and improvement of houses.
13.—(1) A housing authority may, subject to such conditions as may be approved by the Minister, make an advance 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 in all respects be fit for human habitation, and (b) the proposed works are essential for the purpose of providing suitable housing accommodation, and (c) the house is suitable for reconstruction, repair or improvement, as the case may be.
Contributions by Minister to annual loan charges of housing authorities.
14.—(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, 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 the provision under the Labourers Acts or under section 24 of the Act of 1950 of cottages or other housing accommodation to which this section applies— (a) not exceeding sixty-six and two-thirds per cent. of such annual loan charges where the Minister is satisfied that such cottages or other housing accommodation are used for the accommodation of— (i) persons displaced by the collapse or destruction of their former dwellings or by any of the operations of such housing authority under the Housing of the Working Classes Acts, or (ii) persons in need of rehousing on medical, compassionate or other similar grounds whose circumstances would not permit them to be so rehoused otherwise, (b) not exceeding thirty-three and one-third per cent. of such annual loan charges in any other case.
Subsidy by Minister in respect of certain annual loan charges of local authorities.
15.—(1) The Minister may, with the consent of the Minister for Finance and out of moneys to be provided by the Oireachtas, pay to a housing authority and the commissioners of a town in respect of money to which this section applies borrowed for the purposes of the Housing of the Working Classes Acts or the Labourers Acts, a subsidy (in this section referred to as an 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.
Provisions consequential on termination of Labourers' Cottages Fund.
16.—(1) In this section— “the Act” means the Labourers (Ireland) Act, 1906; “the Fund” means the Labourers' Cottages Fund created by section 13 (repealed by this Act) of the Act; “the Exchequer Contribution” means the Exchequer contribution under the Purchase of Land (Ireland) Act, 1891 .
Provisions consequential on termination of Irish Housing Fund.
17.—(1) In this section— “the Act” means the Housing of the Working Classes (Ireland) Act, 1908; “the Fund” means the Irish Housing Fund created by section 5 (repealed by this Act) of the Act.
PART III
Control of Certain Premises Continuance of section 8 of the Act of 1948.
18.—Section 8 of the Act of 1948 shall continue in force until the 31st day of December, 1962.
Amendment of section 27 of the Act of 1952.
19.—Section 27 of the Act of 1952 is hereby amended by the deletion of “(other than the council of a county)”.
PART IV
Housing Of The Working Classes Amendment of section 18 of the Act of 1931.
20.—Section 18 of the Act of 1931 is hereby amended by the insertion after “this Part of” in both places where those words occur of “or under section 37 of ”.
Restriction on user of house before compliance with notice under section 19 of the Act of 1931.
21.—The following section is hereby inserted after section 19 of the Act of 1931:— “19A.—(1) Where, a notice served under section 19 of this Act not having been complied with, a person, knowing that the notice has been served, uses the house to which the notice relates for human habitation or permits it to be so used at a time immediately before which the house was vacant, the person shall be guilty of an offence under this subsection and shall be liable on summary conviction to a fine not exceeding twenty pounds.
Service of copy of demolition order in respect of insanitary houses and securing them against reoccupation.
22.—(1) Section 23 of the Act of 1931 is hereby amended by— (a) the insertion in subsection (3) after “shall serve” of “a copy of ” and (b) the insertion after subsection (3) of the following subsection: “(4) A demolition order made under the last preceding subsection may require that the house to which it applies shall, within a period to be specified in the order, be secured by the owner or owners against reoccupation.”
Amendment of section 25 of the Act of 1931.
23.—Section 25 of the Act of 1931 shall be amended by the insertion after “is let” in both places where those words occur of “or used”.
Assessment of compensation for certain dwelling houses compulsorily acquired by a local authority.
24.—(1) In this section— “dwelling-house” means a building constructed or adapted for use wholly or principally for human habitation together with any yard, garden, out-houses and appurtenances belonging thereto or usually enjoyed therewith ; “prescribed” means prescribed by regulations made by the Minister under this section.
Annulment of compulsory purchase orders under the Act of 1931.
25.—Where, in respect of a compulsory purchase order to which the Second Schedule to the Act of 1931 applies, an objection (whether in respect of the whole or part of the land proposed to be acquired) is duly made and is not withdrawn and the Minister does not think fit to confirm the order, it shall not be necessary for the Minister to cause a public local inquiry to be held and the said Second Schedule shall be construed and have effect accordingly.
PART V
Labourers Cottages Continuance of Labourers' Acts.
26.—Notwithstanding any provision to the contrary in the Labourers Acts, the Labourers Acts shall continue in force until such time as they are repealed or terminated.
Provision of flats under the Labourers' Acts.
27.—(1) For the purpose of removing doubt it is hereby declared that the power of a housing authority to provide cottages or other housing accommodation under the Labourers Acts includes and shall be deemed always to have included the power to provide cottages or houses containing two or more separate tenements.
Letting of cottages under section 35 of the Act of 1948.
28.—The letting by the council of a county under section 35 of the Act of 1948, as amended by section 34 of the Act of 1952, of cottages to families living in over-crowded conditions shall be deemed, for the purposes of section 14 of this Act, to be operations of a local authority under the Housing of the Working Classes Acts.
Annulment of compulsory purchase orders under the Act of 1932.
29.—Where, in respect of a compulsory purchase order to which the Third Schedule to the Act of 1932, as amended by section 42 of the Act of 1948, applies, an objection (whether in respect of the whole or part of the land proposed to be acquired) is duly made and is not withdrawn, an annulment of the order pursuant to Article 4 of that Schedule, either in whole or, where the objection is in respect of part only of the land proposed to be acquired, in so far only as it relates to that part, may, if the Minister thinks fit so to annul the order, be effected without causing to be held a public local inquiry into the objection and the said Article 4 shall be construed and have effect accordingly.
PART VI
Acquisition of Small Dwellings Amendment of section 32 of the Act of 1950.
30.—Section 32 of the Act of 1950 is hereby amended by the insertion in paragraph (b) after “realise” of “together with so much, if any, of the amount of the legal and other expenses incidental to the acquisition of the ownership of the house as the local authority may consider proper ”.
PART VII
Miscellaneous Relief from rates.
31.—(1) In every case in which a grant for the erection of a house is made under section 16 of the Act of 1948 to a person or public utility society and an increase in the rateable valuation of the tenement consisting of or including such house is made on an application for the revision of such valuation by reason solely or partly of such erection and the increase is shown for the first time in any revised valuation lists under the Valuation Acts published on or after the 1st day of March, 1959, the valuation of such tenement shall, in each of the nine successive local financial years the first of which is that in which the tenement is first rated on the increased valuation, be deemed to be reduced for rating purposes by the proportion of such increase specified in the second column of the Table to this section opposite the number of the year in the first column of the Table.
TABLE Proportion Of Increase In Valuation To Be Reduced Number of year after increase in valuation Proportion of increase in valuation to be reduced 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 SCHEDULE Repeals
Section 5
Session and Chapter or Number and Year Short title Extent of repeal 54 & 55 Vic., c. 48 Purchase of Land (Ireland) Act, 1891 .
Section 21.
6 Edw. 7, c. 37 Labourers (Ireland) Act, 1906.
Sections 13, 14 and 18.
8 Edw. 7, c. 61 Housing of the Working Classes (Ireland) Act, 1908.
Sections 4 and 5.
9 Edw. 7, c. 42 Irish Land Act, 1909 .
Subsection (2) of section 11.
1 & 2 Geo. 5, c. 19 Labourers (Ireland) Act, 1911.
Section 1; in section 2, all words from “Provided that” to the end of the section; sections 3 and 4.
4 & 5 Geo. 5, c. 33 Labourers (Ireland) Act, 1914.
Subsection (2) of section 1.
No. 12 of 1925 Housing Act, 1925.
Section 9.
No. 12 of 1929 Housing Act, 1929.
Section 8.
No. 31 of 1931 Finance Act, 1931.
Section 35.
No. 19 of 1932 Housing (Financial and Miscellaneous Provisions) Act, 1932 .
Section 13.
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