Housing (Amendment) Act, 1956

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HOUSING (AMENDMENT) ACT, 1956.

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

Amendment of section 16 of and Second Schedule to Act of 1948.

Section 8

Amendment of section 10 of Act of 1952 and section 10 of Act of 1954.

Section 9

Amendment section 12 of Act of 1954.

Section 10

Schemes for guarantees.

Section 11

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

Part III

.

CONTROL OF CERTAIN PREMISES.

Section 12

Amendment of sections 7, 8 and 9 of Act of 1948.

Part IV

.

HOUSING OF THE WORKING CLASSES.

Section 13

Acquisition of land for streets, etc..

Part V

.

LABOURERS COTTAGES.

Section 14

Amendment of section 12 (2) (b) (i) of Labourers Act, 1936.

Section 15

Amendment of section 18 of Labourers Act, 1936.

Section 16

Amendment of section 24 of Act of 1950.

Section 17

Sale under section 35 of Act of 1952 of house.

Section 18

Amendment of powers to annul or confirm compulsory purchase orders.

Part VI

.

ACQUISITION OF SMALL DWELLINGS.

Section 19

Amendment of section 1 of Act of 1899.

Section 20

Rate of interest on advances under Act of 1899.

SCHEDULE.

Acts Referred to Housing (Amendment) Act, 1948 No. 1 of 1948 Housing (Amendment) Act, 1950 No. 25 of 1950 Housing (Amendment) Act, 1952 No. 16 of 1952 Housing (Amendment) Act, 1954 No. 16 of 1954 Finance (No. 2) Act, 1947 No. 33 of 1947 Finance Act, 1949 No. 13 of 1949 Insurance Act, 1936 No. 45 of 1936 Labourers Act, 1936 No. 24 of 1936 Housing (Financial and Miscellaneous Provisions) Act, 1932 No. 19 of 1932 Housing (Miscellaneous Provisions) Act, 1931 No. 50 of 1931 Number 31 of 1956.

HOUSING (AMENDMENT) ACT, 1956.

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 1954, THE HOUSING OF THE WORKING CLASSES ACTS, 1890 TO 1954, THE LABOURERS ACTS, 1883 TO 1954, AND THE SMALL DWELLINGS ACQUISITION ACTS, 1899 TO 1954, AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [25th July, 1956.] 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, 1956.

Definitions.

2.—In this Act— “the Act of 1899” means the Small Dwellings Acquisition Act, 1899; “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); “the Act of 1952” means the Housing (Amendment) Act, 1952 (No. 16 of 1952); “the Act of 1954” means the Housing (Amendment) Act, 1954 (No. 16 of 1954); “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 1954, as amended by this Act; “the Labourers Acts” means the Labourers Acts, 1883 to 1954, 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.—Each enactment mentioned 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, 1956, contained (by virtue of section 6 of the Act of 1954) 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, 1958.

Amendment of section 16 of and Second Schedule to Act of 1948.

7.—(1) Section 16 of the Act of 1948 is hereby amended by the substitution of the following subparagraph for subparagraph (ii) of paragraph (c) of subsection (1): “(ii) in the case of reconstruction—by the person who reconstructed.”

Section 13

of the Finance (No. 2) Act, 1947 (No. 33 of 1947), and section 24 of the Finance Act, 1949 (No. 13 of 1949), shall not apply to any instrument to which this subsection applies and, in lieu thereof, such stamp duties shall be chargeable as would have been chargeable if those sections had not been enacted. (c) Paragraph (b) of this subsection shall have effect if, but only if, there is endorsed on the instrument a certificate under the seal of the Minister for Local Government that a grant under section 16 of the Act of 1948 has been or will be made in respect of the house so purchased, not being a grant to a public utility society or to the occupier of the house when erection thereof is completed. (d) Where— (i) an instrument has been charged with stamp duty in accordance with section 13 of the Finance (No. 2) Act, 1947 , or with section 24 of the Finance Act, 1949 , (ii) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and (iii) it is shown to the satisfaction of the Revenue Commissioners that there could properly have been endorsed on the instrument a certificate under paragraph (c) of this subsection, the instrument shall be deemed to have endorsed on it such certificate and to have been chargeable with duty accordingly, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped. (e) In any such case as is referred to in paragraph (d) of this subsection, the Revenue Commissioners may repay the difference between the amount of duty actually charged on the instrument and the amount deemed to be chargeable thereon by virtue of paragraph (d) of this subsection, provided that the application for repayment is made within two years after the date of the instrument.

Amendment of section 10 of Act of 1952 and section 10 of Act of 1954.

8.—(1) Subsection (1) of section 10 of the Act of 1952 shall, as respects relevant grants allocated on or after the 17th day of July, 1956, have effect as if each of the amounts specified in paragraphs (i) to (iv) were increased by £104.

Amendment section 12 of Act of 1954.

9.—(1) In applying paragraph (a) of subsection (1) of section 12 of the Act of 1954, the reference to £80 shall, in relation to a separate dwelling with more than three rooms, be construed— (a) in the case of a separate dwelling with five or more rooms—as a reference to £120, and (b) in any other case—as a reference to £100.

Schemes for guarantees.

10.—(1) A housing authority may, in accordance with a scheme approved of by the Minister, guarantee part of an advance (including an advance made before the making of the scheme) by a building society or an assurance company for the purchase or erection of a house together with interest thereon.

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

11.—(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, a grant not exceeding £40, if— (i) the dwelling-house is situate in an area where, at the date of the application for the grant, no public piped water supply has been provided or is being provided, and (ii) the provision and installation of the water supply commence on or after the day of the passing of this Act and are completed on or before the 1st day of April, 1958, and comply with the conditions set out in the said regulations.

PART III.

Control of Certain Premises.

Amendment of sections 7, 8 and 9 of Act of 1948.

12.—(1) Subsection (1) of section 7 of the Act of 1948 is hereby amended by the substitution of “for dwelling purposes the whole or part of” for “as a dwelling house”.

PART IV.

Housing of the Working Classes.

Acquisition of land for streets, etc.

13.—The power to acquire land for the purposes of Part III of the Housing of the Working Classes (Ireland) Act, 1890 , may be exercised in respect of land proposed to be used for public streets or roads, playing fields, parks or open spaces, whether such streets, roads, playing fields, parks or open spaces are to be provided in relation to houses already built or to houses proposed to be built.

PART V.

Labourers Cottages.

Amendment of section 12 (2) (b) (i) of Labourers Act, 1936.

14.—(1) Subparagraph (i) of paragraph (b) of subsection (2) of section 12 of the Labourers Act, 1936 (No. 24 of 1936), is hereby amended by the addition thereto of “having provided a cottage situate on state land, has become owner in fee simple of that land, or”.

Amendment of section 18 of Labourers Act, 1936.

15.—

Section 18

of the Labourers Act, 1936 (No. 24 of 1936), is hereby amended by the addition of the following subsection : “(3) Where works have been carried out pursuant to subsection (1) of this section on or in a cottage— (a) a vesting order in respect of the cottage shall thereupon be made, (b) the purchaser of the cottage may, not later than the expiration of the period of thirty days beginning on the date on which he is notified of the making of the vesting order, notify the Minister of any doubt, dispute or question with respect to the works which he wishes the Minister to determine pursuant to subsection (2) of this section, and (c) if the Minister is notified as aforesaid and determines that further works are to be carried out, neither the fact that the vesting order has been made nor its terms shall be taken as preventing the further works being carried out.”

Amendment of section 24 of Act of 1950.

16.—Section 24 of the Act of 1950 is hereby amended by the substitution for subsection (3) of the following subsection: “(3) (a) The council of a county by whom a cottage is let under this section may declare that the person to whom the cottage is let is a qualified person for the purposes of section 16 of the Labourers Act, 1936 (No. 24 of 1936), and such person shall thereupon be a qualified person for those purposes. (b) The making of a declaration under this subsection shall be a reserved function for the purposes of the County Management Acts, 1940 to 1955.”

Sale under section 35 of Act of 1952 of house.

17.—Upon a sale under section 35 of the Act of 1952 of a house, the housing authority may, if they think fit, agree to the price being paid by instalments or to the payment of part thereof being secured by a mortgage of the premises.

Amendment of powers to annul or confirm compulsory purchase orders.

18.—(1) Any annulment or confirmation pursuant to paragraph (a), (b) or (c) of Article 4 of the Third Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932), as amended by section 42 of the Act of 1948, may be effected either in one stage at one time or in two or more stages at different times.

PART VI.

Acquisition of Small Dwellings.

Amendment of section 1 of Act of 1899.

19.—Subsection (1) of section 1 of the Act of 1899, as amended by section 34 of the Housing (Ireland) Act, 1919 , is hereby amended— (a) by the substitution of “ninety-five per centum” for “ninety per centum”, and (b) the insertion after “the market value of the ownership” of “excluding from that market value a grant under any enactment”.

Rate of interest on advances under Act of 1899.

20.—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 at such rate as may be fixed by the local authority making the advance.

SCHEDULE.

Repeals.

Section 5

.

Number and Year Short title Extent of repeal No. 1 of 1948.

Housing (Amendment) Act, 1948 .

Section 40.

No. 25 of 1950.

Housing (Amendment) Act, 1950 .

In section 11, the words “if the latter occupies the house when completed”; section 34.

No. 16 of 1954.

Housing (Amendment) Act, 1954 .

Section 15.

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