Unemployment (Relief Works) Act, 1940
What is this act about?
Is éard atá sa dlí seo ná foráil a dhéanamh do shaothair áise poiblí a dhéanamh ag údaráis áitiúla chun fostaíocht a chur ar fáil do dhaoine dífhostaithe. Déanann sé foráil freisin do nithe a bhaineann leis sin nó atá ceangailte leis sin.
Who it applies to: Údaráis áitiúla (corparáidí buirgí, comhairlí contae, comhairlí ceantar uirbeach, boird sláinte, agus comhbhord ceantair aontaithe); Daoine dífhostaithe a bhainfidh leas as an bhfostaíocht a chuirtear ar fáil.
At a glance
- Country
- Ireland
- Area of law
- Labour law
- Articles
- 23
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Saothair áise poiblí a dhéanamh chun fostaíocht a chur ar fáil do dhaoine dífhostaithe.
- An tAire do dheimhniú saothar áise poiblí.
- Cumhacht an Aire chun údaráis áitiúla a chur de cheangal saothar a dhéanamh.
- Ranníocaíochtaí ó údaráis áitiúla i leith costas saothar deimhnithe.
Who does this act apply to?
- Údaráis áitiúla (corparáidí buirgí, comhairlí contae, comhairlí ceantar uirbeach, boird sláinte, agus comhbhord ceantair aontaithe).
- Daoine dífhostaithe a bhainfidh leas as an bhfostaíocht a chuirtear ar fáil.
What are the key points?
- Féadfaidh an tAire saothar áise poiblí a dheimhniú má mheasann sé go bhfuil sé á dhéanamh chun fostaíocht a chur ar fáil do dhaoine dífhostaithe i gceantar áirithe.
- Ní féidir deimhniú a thabhairt tar éis dhá bhliain ó dháta éagtha an Achta um Chumhachtaí Práinne, 1939.
- Tá sé de dhualgas ar an údarás áitiúil saothar deimhnithe a dhéanamh agus a chríochnú le gach réasúntacht.
- Féadfaidh an tAire a cheangal ar údarás áitiúil ranníocaíocht a íoc i leith costas saothar deimhnithe.
Labour law
Legal text
Legal text
Unemployment (Relief Works) Act, 1940 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 1940 Unemployment (Relief Works) Act, 1940 Unemployment (Relief Works) Act, 1940 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 34 of 1940.
UNEMPLOYMENT (RELIEF WORKS) ACT, 1940.
ARRANGEMENT OF SECTIONS Section
Section 1
Definitions.
Section 2
Certification of work by the Minister.
Section 3
Power of Minister to compel execution of work.
Section 4
Transfer of powers in relation to roads.
Section 5
Contribution by a local authority to the cost of a certified work.
Section 6
Borrowing.
Section 7
Formation of united districts.
Section 8
Acquisition of land for certified work.
Section 9
Preliminary order for the acquisition of land.
Section 10
Application to annul preliminary order.
Section 11
Vesting orders.
Section 12
Form and effect of vesting orders.
Section 13
Registration of title to land the subject of vesting order.
Section 14
Compensation.
Section 15
Payment of interest on compensation.
Section 16
Payment for betterment.
Section 17
Disposal of surplus land.
Section 18
Description in certificate or order of work of public utility.
Section 19
Modification of certain sections of the Public Health (Ireland) Act, 1878.
Section 20
Giving of copies of orders.
Section 21
Regulations.
Section 22
Expenses of the Minister.
Section 23
Short title.
Acts Referred to Emergency Powers Act, 1939 No. 28 of 1939 Local Government Act, 1925 No. 5 of 1925 Acquisition of Land (Reference Committee) Act, 1925 No. 22 of 1925 Town and Regional Planning Act, 1934 No. 22 of 1934 Number 34 of 1940.
UNEMPLOYMENT (RELIEF WORKS) ACT, 1940.
AN ACT TO MAKE PROVISION FOR THE EXECUTION BY LOCAL AUTHORITIES OF WORKS OF PUBLIC UTILITY FOR THE PURPOSE OF PROVIDING EMPLOYMENT FOR UNEMPLOYED PERSONS AND TO PROVIDE FOR MATTERS INCIDENTAL THERETO OR CONNECTED THEREWITH. [18th December, 1940.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions.
1.—(1) In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “work of public utility” means a work which is within the powers of any local authority or any two or more local authorities acting jointly; the word “road” means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing, or wall forming part thereof; the word “prescribed” means prescribed by regulations made by the Minister under this Act.
Certification of work by the Minister.
2.—(1) Whenever the Minister is of opinion that a particular work of public utility which is being or is about to be executed by a local authority was or is being undertaken wholly or partly for the purpose of providing employment for unemployed persons in a particular area, the Minister may (subject to the limitation imposed by this section) certify that such work was or is being undertaken by such local authority for the purpose of providing employment for unemployed persons in a particular area specified in such certificate.
Power of Minister to compel execution of work.
3.—(1) It shall be the duty of the local authority which is the executing authority in respect of a certified work to undertake, execute and complete such work with all reasonable speed.
Transfer of powers in relation to roads.
4.—(1) Whenever the Minister is of opinion that, for the purpose of providing employment for unemployed persons, it is expedient that a particular work of public utility consisting of the construction of a new road or the improvement of an existing road or partly of such construction and partly of such improvement should be undertaken and executed by a local authority which is not charged by virtue of section 24 of the Local Government Act, 1925 (No. 5 of 1925), with the construction and maintenance of such road (whether new or existing or partly new and partly existing) or is charged by virtue of the said section with the construction and maintenance of a portion or portions only of such road, the Minister may, subject to the limitation imposed by this section and after consultation with such local authority and with the council charged by virtue of the said section 24 with the construction and maintenance of such road or of the portion or portions thereof with the construction and maintenance of which such local authority is not charged as aforesaid (as the case may be), by order transfer as on and from a specified date to such local authority from the said council all the powers and duties of the said council under the said Local Government Act, 1925 , in relation to such road or the said portion or portions thereof (as the case may be) and all powers and duties of the said council under any other enactment in relation to the construction, improvement, and maintenance thereof.
Contribution by a local authority to the cost of a certified work.
5.—(1) In this section the expression “benefited authority” means, in relation to a certified work, a local authority the performance of the functions of which will be facilitated or rendered less costly by such certified work when completed.
Borrowing.
6.—(1) Where— (a) the Minister has consented to the borrowing of moneys by a local authority for the purpose of defraying the expenses of one or more certified works by means of the creation and issue of stock (in this sub-section (referred to as new stock), and (b) moneys are held by such local authority in a redemption fund for the purpose of the redemption of any stock (in this sub-section referred to as existing stock) previously issued by such local authority, the Minister may by order authorise such local authority to exchange, by agreements with the holders, all or any of the existing stock which is required to be redeemed within a period not exceeding five years from the date of such order for new stock equal in nominal value to the nominal value of the existing stock so exchanged and to withdraw from the appropriate account or accounts in such redemption fund and expend for the purposes of such certified work or works and for the expenses (if any) of such exchange an amount equal to the nominal value of the existing stock so exchanged.
Formation of united districts.
7.—(1) In this section the expression “the Act” means the Public Health (Ireland) Act, 1878, and the expressions “sanitary authority”, “sanitary district” and “contributory place” have the same meanings respectively as they have in the Act.
Acquisition of land for certified work.
8.—(1) A local authority which is the executing authority in respect of a certified work may for the purposes of the execution of such work acquire, either by agreement or compulsorily, any land wherever situate.
Preliminary order for the acquisition of land.
9.—(1) A local authority proposing to acquire any land compulsorily under this Act shall by order (in this Act referred to as a preliminary order) declare that they propose so to acquire such land.
Application to annul preliminary order.
10.—(1) The occupier or any person having an estate or interest in or right over the land to which a preliminary order relates may, not later than twenty-one days or, if there is an occupied building on the land, twenty-eight days after the posting of such order on or near the land to which such order relates apply to the Minister for the annulment of such order, and, on such application the Minister may at his discretion either annul such order or restrict the application of such order to portion of the land to which it originally related.
Vesting orders.
11.—(1) If no application is made under and in accordance with the immediately preceding section for the annulment of a preliminary order or if, where any such application is made, on the determination thereof such preliminary order is not annulled, the local authority by whom such preliminary order was made may by order (in this Act referred to as a vesting order) acquire the land to which such preliminary order relates, or, where such determination has restricted the application of such preliminary order to part of such land, such part of such land.
Form and effect of vesting orders.
12.—(1) Every vesting order by which a local authority acquires any land shall be in the prescribed form, shall contain a map or plan of such land and shall be expressed and shall operate to vest such land in such local authority in fee simple free from incumbrances and all estates, rights, titles, and interests of whatsoever kind on a specified date not earlier than fourteen days after the making of such order and such local authority may enter on and take possession of such land on the date so specified.
Registration of title to land the subject of vesting order.
13.—Where any land has become vested by means of a vesting order in a local authority, such local authority shall, as soon as may be after the vesting date, send to the registering authority under the Local Registration of Title (Ireland) Act, 1891, such vesting order, and on receipt thereof the registering authority shall cause the title of such local authority to the ownership of such land in fee-simple to be registered under the said Act and such registration shall comprise a statement that such land is vested in such local authority subject to the payment of any purchase annuity, payment in lieu of rent or other annual sum, or portion thereof, payable to the Irish Land Commission under section 12 of the Unemployment (Relief Works) Act, 1940.
Compensation.
14.—(1) A local authority by whom a vesting order is made in respect of any land shall be liable to pay compensation in respect of the acquisition of such land as if such land had been acquired by such local authority for the purposes of the Public Health Acts, 1878 to 1931.
Payment of interest on compensation.
15.—(1) Subject to the provisions of the next following sub-section a local authority which has acquired land under this Act shall pay to every person to whom compensation is payable under this Act interest on the amount of such compensation when fixed at the rate of four pounds per cent. per annum from the date on which such land vested in such local authority until the date when such compensation is so fixed.
Payment for betterment.
16.—(1) Whenever the value of any property is increased by the execution of a certified work, sections 72 , 73 , 75 , 77 and 78 (which relate to payment for betterment) of the Town and Regional Planning Act, 1934 (No. 22 of 1934), shall apply and have effect in relation to such increased value in like manner as if such increase had been caused by the execution of a work by a responsible authority in pursuance of a provision contained in a planning scheme, but with and subject to the following modifications, that is to say:— (a) every reference to or mention of the responsible authority contained in any of the said sections shall be construed and have effect as a reference to or mention of the local authority which is the executing authority in respect of the said certified work; (b) an application for payment of betterment may be made at any time within twelve months after the completion of the certified work to which it relates, (c) every reference to or mention of the register contained in any of the said sections shall be construed and have effect as a reference to or mention of the register required by this section to be kept by every local authority executing a certified work; (d) such other (if any) modifications as the Minister shall think proper to make by order for the purpose of enabling the said sections to have full force and effect for the purposes of this Act.
Disposal of surplus land.
17.—(1) Where the whole or any part of any land acquired for any purpose under this Act is at any time not required for such purpose by the local authority by whom it was acquired, such local authority may, with the consent of the Minister, either use such land for any other purpose connected with their powers and duties, or, sell or let by public auction or private treaty in one or more lots, such whole or part (as the case may be).
Description in certificate or order of work of public utility.
18.—Any work of public utility to which a certificate or order under this Act relates may be described in such certificate or order by means of a general statement of the character and purpose of such work without specifying the situation of every or any portion thereof or, in the case of a road, the exact terminal points or course thereof.
Modification of certain sections of the Public Health (Ireland) Act, 1878.
19.—(1) Where a certified work is a work to which sections 35 and 36 of the Public Health (Ireland) Act, 1878 , apply (whether directly or by virtue of section 64 of that Act), the said sections 35 and 36 shall, in relation to the said certified work, have effect with and subject to the following modifications, that is to say:— (a) the period of one month shall be substituted for the period of three months mentioned in the said section 35, and (b) the period of one month shall be substituted for the period of three months mentioned in the said section 36.
Giving of copies of orders.
20.—(1) Where a copy of an order is required by this Act to be given to any person, such copy shall be addressed to such person and shall be given to him in one of the following ways, that is to say:— (a) by delivering it to such person; (b) by leaving it at the address at which such person ordinarily resides; (c) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.
Regulations.
21.—The Minister may make regulations prescribing forms for use under this Act.
Expenses of the Minister.
22.—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.
Short title.
23.—This Act may be cited as the Unemployment (Relief Works) Act, 1940.
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