In short
This law amends the Dublin Reconstruction (Emergency Provisions) Act of 1924, primarily by adjusting timelines for certain powers, clarifying aspects of property sales, and introducing a temporary right for tenants to deduct rates from rent.
What it regulates
- The exercise of powers granted to the Minister under section 7 of the Principal Act.
- The benefits included in the sale and conveyance of sites by the Corporation under section 7 of the Principal Act.
- A temporary right for tenants to deduct local rates from rent under specific conditions.
- The meaning of "Lands Clauses Acts" in the Schedule to the Principal Act.
Who it concerns
- The Minister, regarding powers under the Principal Act.
- The Corporation, concerning the sale of sites.
- Tenants and landlords of buildings or houses affected by Section 9 of the Principal Act.
Key points
- The Minister's powers under section 7 of the Principal Act can be exercised after three months from the passing of this Act.
- Sales of sites by the Corporation must include compensation decrees with a full reinstatement condition or a judge's report relating to such a condition.
- Tenants can deduct local rates from rent for the period between April 1, 1924, and March 31, 1926, if the landlord was contracted to pay those rates before the building's destruction.
- The "Lands Clauses Acts" in the Principal Act's Schedule now include the Acquisition of Land (Assessment of Compensation) Act, 1919.
đ Legal text
Dublin Reconstruction (Emergency Provisions) (Amendment) Act, 1925
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1925
Dublin Reconstruction (Emergency Provisions) (Amendment) Act, 1925
Dublin Reconstruction (Emergency Provisions) (Amendment) Act, 1925
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Number 38 of 1925.
DUBLIN RECONSTRUCTION (EMERGENCY PROVISIONS) (AMENDMENT) ACT, 1925.
ARRANGEMENT OF SECTIONS
Section
1.
The Principal Act.
2.
Advancement of time for exercise of powers under section 7 of Principal Act.
3.
Sales under section 7 of Principal Act.
4.
Temporary right of deduction of rates from rent.
5.
Meaning of âLands Clauses Actsâ in Schedule to Principal Act.
6.
Short title, construction, and citation.
Acts Referred to
Dublin Reconstruction (Emergency Provisions) Act, 1924
No. 24 of 1924
Damage to Property (Compensation) Act, 1923
No. 15 of 1923
Number 38 of 1925.
DUBLIN RECONSTRUCTION (EMERGENCY PROVISIONS) (AMENDMENT) ACT, 1925.
AN ACT TO AMEND THE
DUBLIN RECONSTRUCTION (EMERGENCY PROVISIONS) ACT, 1924
. [16th July, 1925.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTĂT EIREANN AS FOLLOWS:â
The Principal Act.
1.âIn this Act the expression âthe Principal Actâ means the
Dublin Reconstruction (Emergency Provisions) Act, 1924
(No. 24 of 1924).
Advancement of time for exercise of powers under section 7 of Principal Act.
2.â(1) Notwithstanding anything to the contrary contained in sub-section (1) of
section 7
of the Principal Act, the powers conferred on the Minister by that sub-section, as amended by this Act, may be exercised at any time after the expiration of three months from the passing of this Act.
(2) This section shall not apply to or affect the construction or operation of sub-section (4) of the said
section 7
of the Principal Act.
Sales under section 7 of Principal Act.
3.âEvery sale and conveyance of a site by the Corporation under sub-section (1) of
section 7
of the Principal Act shall include the benefit of either (as the case may be)â
(a) so much of any decree for compensation under the Acts relating to compensation for criminal injuries as awards compensation to which is attached a full reinstatement condition within the meaning of the
Damage to Property (Compensation) Act, 1923
(No. 15 of 1923) in relation to such site, or
(b) so much of any report made by a judge under
section 15
of the said
Damage to Property (Compensation) Act, 1923
, as relates to a sum to which on payment thereof a full re-instatement condition within the meaning of that Act in relation to the site is attached by the Minister for Finance.
Temporary right of deduction of rates from rent.
4.â(1) Where any person is at any time during the period from the 1st day of April, 1924, to the 31st day of March, 1926, the tenant of the whole or any part of a building or house to which
section 9
of the Principal Act applies under a lease or contract of tenancy made before the destruction of such building or house and under which the landlord contracted to pay any local rate on such building or house or the land on which the same stood or on the part of such building, house, or land the subject of such lease or contract, such person shall, whether such lease or contract was or was not contrary to the provisions of sub-section (2) of
section 52
of the
Local Government (Ireland) Act, 1898
, be entitled and be deemed always to have been entitled to deduct from any rent payable under such lease or contract in respect of any time after the 31st day of March, 1924, a sum equal to the amount of any such local rate which, but for the destruction of such building or house and the provisions of the said
section 9
, would have been assessed on such building, house, or land or the said part thereof in respect of any part of the said period, and would have been payable by the landlord under such lease or contract.
(2) Where any person has before the passing of this Act paid to his landlord any rent from which he would if this Act had been in force have been entitled under this section to make a deduction without making such deduction, and is for any reason unable to make such deduction from rent payable after the passing of this Act to the same landlord, such person may recover the amount of such deduction from such landlord as a simple contract debt.
Meaning of âLands Clauses Actsâ in Schedule to Principal Act.
5.âThe Schedule to the Principal Act shall be construed and have effect and shall be deemed always to have had effect as if the expression âLands Clauses Actsâ was defined in paragraph 10 thereof as including the
Acquisition of Land (Assessment of Compensation) Act, 1919
, as well as the Acts mentioned in the said paragraph.
Short title, construction, and citation.
6.â(1) This Act may be cited as the Dublin Reconstruction (Emergency Provisions) (Amendment) Act, 1925, and shall be construed as one with the Principal Act.
(2) The Principal Act and this Act may be cited together as the Dublin Reconstruction (Emergency Provisions) Acts, 1924 and 1925.
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