Housing (Amendment) Act, 1952

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HOUSING (AMENDMENT) ACT, 1952.

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 sections 16, 19 and 20 of Act of 1948 and section 6 of Act of 1950.

Section 7

Grant for provision and installation of private water supply and sewerage facilities.

Section 8

Prohibition of grants in certain cases.

Section 9

Grants to farmers by housing authority.

Section 10

Grants to persons in lower income class by housing authority.

Section 11

Grants to persons not in lower income class by housing authority.

Section 12

Powers of borrowing.

Section 13

Amendment of subsection (1) of section 5 of Act of 1932.

Section 14

Amendment of section 6 of Act of 1932.

Section 15

Increase in floor area of reconstructed houses.

Section 16

Amendment of section 19 of Act of 1948.

Section 17

Appeal to the Minister.

Section 18

Amendment of section 45 of Act of 1948.

Section 19

Amendment of Second Schedule to Act of 1948.

Section 20

Limitation on amounts of certain grants.

Section 21

Repeal of section 7 of Act of 1950.

Section 22

Amendment of section 8 of Act of 1950.

Section 23

Amendment of section 9 of Act of 1950.

Section 24

Grants by Minister to housing authority in respect of certain houses.

Section 25

Grants by Minister notwithstanding non-compliance by an applicant with a statute or a statutory instrument.

PART III.

Control of Certain Premises.

Section 26

Amendment of section 15 of Act of 1948.

Section 27

Bye-laws respecting certain houses.

PART IV.

Housing of the Working Classes.

Section 28

Amendment of section 29 of Act of 1948.

Section 29

Acquisition of land.

Section 30

Construction of Housing of Working Classes Acts.

Section 31

Amendment of Housing (Ireland) Act, 1919.

Section 32

Continuance of determinations made under Emergency Powers (No. 277) Orders, 1943.

PART V.

Labourers' Cottages.

Section 33

Extension of section 5 of Housing and Labourers Act, 1937

Section 34

Amendment of section 35 of Act of 1948.

Section 35

Additional purposes for which land may be acquired und Labourers Acts.

PART VI.

Acquisition of Small Dwellings.

Section 36

Maximum advance under section I of Small Dwellings Acquisition Act, 1899.

SCHEDULE.

Acts Referred to Housing (Financial and Miscellaneous Provisions) Act, 1932 No. 19 of 1932 Housing (Amendment) Act, 1948 No. 1 of 1948 Housing (Amendment) Act, 1950 No. 25 of 1950 Housing (Gaeltacht) Act, 1929 No. 41 of 1929 Housing (Amendment) Act, 1949 No. 23 of 1949 Housing and Labourers Act, 1937 No. 42 of 1937 Housing (Miscellaneous Provisions) Act, 1931 No. 50 of 1931 Labourers Act, 1936 No. 24 of 1936 Number 16 of 1952.

HOUSING (AMENDMENT) ACT, 1952.

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 1950, THE HOUSING OF THE WORKING CLASSES ACTS, 1890 TO 1950, THE LABOURERS ACTS, 1883 TO 1950, AND THE SMALL DWELLINGS ACQUISITION ACTS, 1899 TO 1950, AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd July, 1952.] 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, 1952.

Definitions.

2.—In this Act— “the Act of 1932” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932); “the Act of 1948” means the Housing (Amendment) Act, 1948 (No. 1 of 1948); “the Act of 1950” means the Housing (Amendment) Act, 1950 (No. 25 of 1950); “farmer” means a person who derives his livelihood solely or mainly from the pursuit of agriculture; “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, the council of such urban district; “the Housing of the Working Classes Acts” means the Housing of the Working Classes Acts, 1890 to 1950, as amended by this Act; “the Labourers Acts” means the Labourers Acts, 1883 to 1950, as amended by this Act; “the Minister” means the Minister for Local Government; “relevant grant” means a grant made, on or after the 29th day of April, 1952, under section 16 of the Act of 1948 or section 6 of the Act of 1950, as amended by this Act, or section 7 of this Act or section 3 of the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), as amended by any subsequent enactment (being an improving grant), or a grant made, in whole or in part, after the 1st day of August, 1950, under the said section 3 (being a building grant), and for the purposes of this definition, a grant (other than a building grant under the said section 3) shall be deemed to have been made on the date on which the first instalment thereof was paid.

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.—Each enactment mentioned in the Schedule to this Act is hereby repealed to the extent specified in the third column of the Schedule.

PART II.

Financial Provisions.

Continuance of sections 16, 19 and 20 of Act of 1948 and section 6 of Act of 1950.

6.—The reference to the 1st day of April, 1952, contained (by virtue of section 1 of the Housing (Amendment) Act, 1949 (No. 23 of 1949)) in subsection (1) of section 16, subsection (2) of section 19 and subsection (1) of section 20 of the Act of 1948 and the reference to the 1st day of April, 1952, in subsection (1) of section 6 of the Act of 1950 shall be construed as a reference to the 1st day of April, 1954.

Grant for provision and installation of private water supply and sewerage facilities.

7.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a person providing and installing in a dwelling-house a private water supply and sewerage facilities, a grant not exceeding £50, if— (a) the dwelling-house is situate in an area where at the date of the application for the grant, no public piped water supply or sewerage scheme has been provided or is being provided, and (b) the provision and installation of the water supply and sewerage facilities commence on or after the 29th day of April, 1952, and are completed on or before 1st day of April, 1954, and comply with the conditions set out in the said regulations.

Prohibition of grants in certain cases.

8.—A grant (other than a grant for the provision and installation in a dwelling-house of a private water supply and sewerage facilities) shall not be made under section 9 , 10 or 11 of this Act in respect of a house in respect of which a grant is or was made under section 7 of the Act of 1950.

Grants to farmers by housing authority.

9.—(1) A housing authority may make, to or in respect of a farmer in respect of a house for which a relevant grant is made, a grant of an amount equal to— (i) if the rateable valuation does not exceed £12 10s. 0d., 100 per cent. of the relevant grant, (ii) if the rateable valuation does not exceeds £12 10s. 0d. but does not exceed £20, 66⅔ per cent. of the relevant grant, (iii) if the rateable valuation exceeds £20 but does not exceed £27 10s. 0d., 50 per cent. of the relevant grant, or (iv) if the rateable valuation exceeds £27 10s. 0d. but does not exceed £35, 331/3 per cent. of the relevant grant.

Grants to persons in lower income class by housing authority.

10.—(1) A housing authority may make, to or in respect of a person (other than a farmer) in respect of a house for which a relevant grant is made, a grant of an amount equal to— (i) if his family income does not exceed £208, 100 per cent. of the relevant grant, (ii) if his family income exceeds £208, but does not exceed £312, 66⅔ per cent. of the relevant grant, (iii) if his family income exceeds £312 but does not exceed £365, 50 per cent. of the relevant grant, or (iv) if his family income exceeds £365 but does not exceed £416, 331/3 per cent. of the relevant grant.

Grants to persons not in lower income class by housing authority.

11.—A housing authority may make, to or in respect of a person (other than a farmer or a person to whom a grant is made under section 10 of this Act) in respect of a house for which a relevant grant is made, a grant of an amount equal to 50 per cent. of the relevant grant, if (a) he is, at the date of his application for a grant under this section, the occupier, on a monthly or lesser tenancy, of a dwelling provided by the housing authority or the commissioners of a town, or (b) he is accepted by the authority as eligible for selection as a tenant of a dwelling provided, other than by virtue of section 31 or section 35 of this Act, by a housing authority under the Housing of the Working Classes Acts or the Labourers Acts.

Powers of borrowing.

12.—For the purposes of sections 9 , 10 , and 11 of this Act 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.

Amendment of subsection (1) of section 5 of Act of 1932.

13.—(1) The reference to the 1st day of April, 1950, contained (by virtue of subsections (1) and (2) of section 22 of the Act of 1948) in paragraph (j) of subsection (1) of section 5 of the Act of 1932 shall be construed as a reference to the 1st day of April, 1954.

Amendment of section 6 of Act of 1932 14.—(1) Subsection (1) of section 6 of the Act of 1932, as amended, is hereby further amended by the substitution for subparagraph (i) of paragraph (a) of the following:— “(i) not exceeding sixty-six and two-thirds per centum of such annual loan charges, where the Minister is satisfied that such houses are used for the accommodation of persons displaced by the collapse or destruction of their former dwellings or by any operations of such local authority under the said Acts 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, or are used for the accommodation of persons in need of re-housing on medical, compassionate or other similar grounds if the circumstances of such last mentioned persons would not permit them to be so re-housed otherwise.”

Increase in floor area of reconstructed houses.

15.—The Minister may make a grant under section 16 of the Act of 1948 to any person reconstructing a house in the person's own occupation notwithstanding that the floor area of such house is more than 1,400 square feet and paragraph (b) of subsection (1) of the said section 16 shall be construed and have effect accordingly.

Amendment of section 19 of Act of 1948.

16.—Paragraph (c) of subsection (2) of section 19 of the Act of 1948 is hereby amended, with effect from the passing of that Act, by the insertion immediately after “sell the house” of “within a period of 15 years from the date of the undertaking.”

Appeal to the Minister.

17.—Where a person is aggrieved by a grant made (whether before or after the passing of this Act) to him by a housing authority under section 19 of the Act of 1948, the person may report the facts of the case to the Minister and the Minister, if he is satisfied that the person has good reason for being aggrieved, may direct the authority to make any grant to the person which the Minister thinks just and which could have been made by the authority under that section and the authority shall comply with the direction.

Amendment of section 45 of Act of 1948.

18.—Subsection (2) of section 45 of the Act of 1948 is hereby amended by the substitution of “the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1952”, for “ section 16 , 19 or 20 of this Act”.

Amendment of Second Schedule to Act of 1948.

19.—(1) The Second Schedule to the Act of 1948, as amended, is hereby further amended— (a) by the substitution in the first column for “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 £50, reconstructing house in own occupation” of “agricultural labourer reconstructing house in own occupation in a rural area or any other person who derives his livelihood solely or mainly from the pursuit of agriculture and is in occupation of land whose rateable value or the aggregate of whose rateable value does not exceed £50, reconstructing house in own occupation”; and (b) by the substitution of “100” for “80” in the second and third columns respectively under the reference to 4 rooms and by the substitution of “120” for“80” in the said columns under the reference to 5 or more rooms.

Limitation on amounts of certain grants.

20.—A grant under section 7 of this Act together with a grant under section 16 of the Act of 1948 in respect of the erection of a house or a grant under the said section 7 together with a grant under section 6 of the Act of 1950 shall not, in the first case, exceed the appropriate sum specified in the third column of the Second Schedule to the Act of 1948 or, in the second case, exceed the appropriate sum specified in the third column of the Second Schedule to the Act of 1950.

Repeal of section 7 of Act of 1950.

21.—(1) Subsection (1) of section 7 of the Act of 1950 is hereby repealed.

Amendment of section 8 of Act of 1950.

22.—Section 8 of the Act of 1950 is hereby amended:— (a) by the substitution of the following for subsection (2)— “(2) This section does not apply to a person who is eligible under section 16 of the Act of 1948 for a grant for reconstructing a house in his own occupation.” (b) by the substitution of the following for subsection (4)— “(4) Subsections (2), (4), (6), (7) and (8) of section 5 of the Act of 1937, as amended, shall apply in respect of grants under this section as if those grants were grants under the said section 5, and the council of a county shall have, for the purposes of this section, the like powers as are conferred on an urban authority by the said subsection (7).”

Amendment of section 9 of Act of 1950.

23.—(1) The limitation of fifteen years in subsection (1) of section 9 of the Act of 1950 shall be construed as ten years where the reconstruction of the house includes the replacement of a thatched roof by a roof of slates or tiles.

Grants by Minister to housing authority in respect of certain houses.

24.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a housing authority erecting a house by virtue of section 31 or section 35 of this Act, a grant not exceeding the appropriate sum specified in the Second Schedule to the Act of 1950 if— (a) erection is completed on or before the 1st day of April, 1954, and (b) the house complies with the rules set out in the First Schedule to the Act of 1932, as amended.

Grants by Minister notwithstanding non-compliance by an applicant with a statute or a statutory instrument.

25.—The Minister may, with the consent of the Minister for Finance, make a grant under section 16 of the Act of 1948 or section 8 of the Act of 1950 or section 9 of the Act of 1950 or section 7 of this Act notwithstanding that a requirement of a statute or a statutory instrument has not been complied with in respect of the grant if a certificate of approval in respect of the relevant house 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, or reconstruct such house or provide and install a private water supply and sewerage facilities in such house on receipt of such certificate.

PART III.

Control of Certain Premises.

Amendment of section 15 of Act of 1948.

26.—Section 15 of the Act of 1948 is hereby amended by the deletion of “containing not more than two rooms and”.

Bye-laws respecting certain houses.

27.—A housing authority (other than the council of a county) and the commissioners of a town shall, as soon as may be after the passing of this Act, exercise the powers conferred on them, with respect to the making and enforcing of bye-laws, by section 20 of the Housing (Ireland) Act, 1919 , and section 15 of the Act of 1948, as amended by this Act.

PART IV.

Housing of the Working Classes.

Amendment of section 29 of Act of 1948.

28.—(1) Section 29 of the Act of 1948 is hereby amended by the substitution of the following for subsection (2):— “(2) Regulations under this section shall provide that in the letting of houses regard shall be had to the character, industry, occupation, family circumstances and existing housing conditions of the applicants and subject thereto first preference in the letting of houses which are not reserved houses shall, wherever practicable, be given to persons displaced from reserved houses, and second preference shall, wherever practicable, be given to persons with families living— (i) in overcrowded conditions where one or more than one member of the family is suffering from tuberculosis; (ii) in one-roomed dwellings where one or more than one member of the family is suffering from tuberculosis or where one or more than one member of the family (exclusive of the parents) has attained the age of twelve years; or (iii) in a dwelling which has been condemned as unfit for human habitation.

Acquisition of land.

29.—The powers of a housing authority and the commissioners of a town to acquire land for the purposes of Part III of the Housing of the Working Classes Act, 1890 (as amended by subsequent enactments including this Act) shall be deemed to include, and always to have included, power to acquire land outside their functional area with the consent of the housing authority within whose area such land is situate, and section 7 of the Housing of the Working Classes (Ireland) Act, 1908, shall cease to have effect.

Construction of Housing of Working Classes Acts.

30.—The Housing of the Working Classes Acts shall be construed with such modifications as may be necessary to give effect to section 23 of the Act of 1950.

Amendment of Housing (Ireland) Act, 1919.

31.—(1) Subsection (2) of section 8 of the Housing (Ireland) Act, 1919 , as amended, is hereby further amended by the addition of the following paragraphs:— “(iv) the erection of houses and the lease or sale of same under the powers conferred by this Act to persons irrespective of whether they are or are not members of the working classes; (v) the development of the land or part thereof for building purposes; (vi) the lease or sale under the powers conferred by this Act of the land or part thereof to public utility societies and to persons irrespective of whether they are or are not members of the working classes, for the purpose and on the condition that such societies and persons shall erect and maintain thereon such number of houses as may be fixed by the authority and in accordance with plans approved by the authority.”

Continuance of determinations made under Emergency Powers (No. 277) Order, 1943.

32.—Where a determination has been made by a housing authority under Article 3 of the Emergency Powers (No. 277) Order, 1943 (S.R. & O., No. 184 of 1943), in relation to a dwelling-house, the following provisions shall have effect— (a) notwithstanding the revocation of the said Order, any such determination shall continue in force until revoked by the housing authority; (b) so long as such determination remains in force— (i) the dwelling-house shall be deemed to have been acquired by the housing authority for the purposes of Part III of the Housing of the Working Classes Act, 1890, and (ii) the requirements imposed on the housing authority by Part II of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), in regard to securing the vacation and demolition of the dwelling-house shall be suspended; (c) subparagraph (i) of paragraph (b) of this section shall not confer any power to sell the relevant dwelling-house.

PART V.

Labourers' Cottages.

Extension of section 5 of Housing and Labourers Act 1937 33.—(1) The council of a county shall, as respects their functional area, have the like powers as are conferred on an urban authority by section 5 of the Housing and Labourers Act, 1937 (No. 42 of 1937), as amended, and the purposes of that section shall be deemed to be purposes for which a council of a county may borrow under section 37 of the Act of 1948, and the said section 5 shall be construed and have effect accordingly.

Amendment of section 35 of Act of 1948.

34.—(1) Section 35 of the Act of 1948 is hereby amended by the substitution of the following for subsection (2):— “(2) Regulations under this section shall provide that in the letting of cottages regard shall be had to the character, industry, occupation, family circumstances and existing housing conditions of the applicants and subject thereto first preference shall, wherever practicable, be given to applicants who are— (a) persons normally engaged in doing agricultural work for hire on the land of some other person and whose principal means of living is such work, (b) men normally engaged in doing agricultural work on the land of relatives with whom they reside, or (c) herdsmen, and second preference shall, wherever practicable, be given to applicants with families living— (i) in overcrowded conditions where one or more than one member of the family is suffering from tuberculosis; (ii) in one-roomed dwellings where one or more than one member of the family is suffering from tuberculosis or where one or more than one member of the family (exclusive of the parents) has attained the age of twelve years; or (iii) in a dwelling which has been condemned as unfit for human habitation.

Additional purposes for which land may be acquired und Labourers Acts.

35.—(1) A housing authority acting in the execution of the Labourers Acts, may acquire land either by agreement with the consent of the Minister or compulsorily under the powers conferred by those Acts for all or any of the following purposes:— (a) the laying out and construction of public streets or roads and open spaces on the land and the carrying out of such other works as may be necessary for or incidental to the development of the land for building purposes; (b) the erection of houses and the sale or lease thereof to persons irrespective of whether they are or are not agricultural labourers; (c) the sale or lease of the land or part thereof to public utility societies and to such persons for the purpose and on the condition that such societies and persons shall erect and maintain thereon such number of houses as may be fixed by the housing authority and in accordance with plans approved by the authority.

PART VI.

Acquisition of Small Dwellings.

Maximum advance under section I of Small Dwellings Acquisition Act, 1899.

36.—The maximum advance under section 1 of the Small Dwellings Acquisition Act, 1899, in respect of any house shall be— (a) in case the house is situate in the county of Dublin or the district electoral divisions of St. Mary's, Bishopstown, Blackrock and Douglas in the county of Cork or the county borough of Dublin or Cork or the borough of Dun Laoghaire—one thousand, eight hundred pounds, and (b) in any other case—one thousand, six hundred pounds.

SCHEDULE.

Section 5.

Number and Year Short Title Extent of Repeal No. 19 of 1932.

The Housing (Financial and Miscellaneous Provisions) Act, 1932 .

Paragraphs (a) and (b) of subsection (3) of section 5 .

No. 42 of 1937.

The Housing and Labourers Act, 1937 .

Section 4

.

No. 1 of 1948.

The Housing (Amendment) Act, 1948 .

Subsection (4) of section 29 .

Subsection (3) of section 35 .

Section 38

.

No. 25 of 1950.

The Housing (Amendment) Act, 1950 .

Section 17

.

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