S.I. No. 27/1932 - The Housing of the Working Classes Acts (Forms) Order, 1932.

STATUTORY RULES AND ORDERS, 1932. No. 27

THE HOUSING OF THE WORKING CLASSES ACTS (FORMS) ORDER, 1932.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by section 45 of the Housing (Miscellaneous Provisions) Act, 1931 , and all other powers enabling him in that behalf, hereby makes the following regulations, that is to say:—

1. These Regulations may be cited as the Housing of the Working Classes Acts (Forms) Order, 1932.

2. The forms set out in the Schedule hereto, or forms substantially to the like effect, shall be the forms to be used in connection with the powers and duties of a local authority under the Housing of the Working Classes Acts, 1890 to 1931, in all cases to which those forms are respectively expressed to be applicable.

3. The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the 1st day of January, 1924.

4. The Order made by the Local Government Board for Ireland bearing date the 10th day of March, 1891, prescribing certain forms for the purposes of Part I of the Housing of the Working Classes Act, 1890, and the Order made by the said Local Government Board entitled the Housing of the Working Classes (Petitions) Order, 1920, are hereby revoked but without prejudice to any matter or thing done or remaining to be done thereunder.

THE SCHEDULE.

FORM NO. I.

FORM OF NOTICE BEFORE ENTRY FOR THE PURPOSE OF SURVEY AND EXAMINATION OR VALUATION UNDER SECTION 42 of THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 .

The Housing (Miscellaneous Provisions) Act, 1931 .

To¹* the ² of

the house³ building³ premises³

Take Notice that in pursuance of Section 42 of the Housing (Miscellaneous Provisions) Act, 1931 , I,⁴

being a person duly authorised in writing by the ⁵

intend, on the† day of 19 .

at any time between the hours of‡ in the

forenoon and in the afternoon, to enter the above-

mentioned house for the purpose of survey and examination or survey or valuation.

Dated this day of , 19 .

Signature ........................................	}
Description ....................................	}	of person authorised to enter.
Residence or Place of Business...

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ The name and description, where known, of Occupier or Owner.

² "Occupier" or "Owner."

³ Such a description of the house, building or premises as may be sufficient for identification. Strike out the words not required.

⁴ Name and description of person authorised by the Local Authority to enter.

⁵ Description of the Local Authority.

*Notice must be given to the occupier and also the owner if the owner is known. Notice may be given to the occupier by leaving a notice addressed to the occupier, without name or further description, at the house, buildings, or premises.

†Twenty-four hours' notice must be given.

‡Entry must be at reasonable times of the day.

FORM NO. 2.

FORM OF NOTICE REQUIRING THE PERSON HAVING CONTROL OF A DWELLING HOUSE TO EXECUTE WORKS UNDER SECTION 19 of THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 .

The Housing (Miscellaneous Provisions) Act, 1931 .

To¹

the person* having control of the dwelling-house²

Take Notice:—

(1)that the ³ (hereinafter

referred to as the ⁶ ) are satisfied that the above-mentioned house is a house occupied or is of a type suitable for occupation by persons of the working classes and is unfit for human habitation in the respects hereinafter mentioned;

(2) that the ⁶ are not satisfied that it is incapable at reasonable expense of being rendered fit for human habitation;

(3) that in pursuance of Subsection (I) of Section 19 of the Housing (Miscellaneous Provisions) Act, 1931 , the ⁶ require you within a period of⁴ days ending on the day of 19

to execute the following works, which will in the opinion of the⁶

render the house fit for human habitation, namely ⁵

Dated this day of 19 .

.........................................................

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

¹ Name, residence or place of business, and description, where known, of person having control of the house.

₂ Such a description of the house as may be sufficient for identification.

³ Description of the Local Authority.

⁴ Time allowed for execution of works, being in no case less than 21 days. (Particular care should be taken that the time allowed is reasonably sufficient for the purpose.)

⁵ Specification in detail of works to be executed.

⁶ Short reference to Local Authority.

* The person having control of a house is defined in s. 2 of the Act as having the same meaning as the word " owner " in the Public Health (Ireland) Act, 1878, that is, as being the person for the time being receiving the rack rent of the house, whether on his own account or as agent or trustee for any other person or who would so receive it if the house were let at a rack rent. Rack rent means a rent which is not less than two-thirds of the full net annual value of the house.

NOTE.

A person aggrieved may appeal to the Circuit Court against any notice requiring him to execute works under Section 19 of the Act, and against any demand for the recovery of expenses from him or an order made by the Local Authority with respect to those expenses. The appeal must be made within 21 days after the date of the service of the notice, demand or order, and no proceedings may be taken by the Local Authority to enforce any notice, demand or order against which an appeal is brought before the appeal is finally determined. On an appeal against a demand or order no question can be raised which might have been raised on an appeal against the original notice requiring the execution of the works.

Rules of Court regulate the practice and procedure in Appeals to the Circuit Court.

An appellant should notify the Local Authority forthwith of any appeal to the Circuit Court.

If the notice of the Local Authority is not complied with, then after the expiration of the time specified in the notice, or, if an appeal has been made against the notice and upon that appeal the notice has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal, or of such longer period as the Court in determining the appeal may fix, the Local Authority may themselves do the work required to be done by the notice, or by the notice as varied by the Court, as the case may be.

Any expenses incurred by the Local Authority under Section 20, together with interest, at such rate as the Minister may with the approval of the Minister for Finance from time to time by order fix, from the date when a demand for the expenses is served until payment, may be recovered by them, by action or summarily as a civil debt, from the person having control of the dwelling-house or, if he receives the rent of the house as agent or trustee for some other person, then either from him or from that other person, or in part from him and as to the remainder from that other person:

Provided that if the person having control of the dwelling-house proves that he—

(i) is receiving the rent merely as agent or trustee for some other person; and

(ii) has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority.

his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.

The Local Authority may by order declare any such expenses to be payable by weekly or other instalments within a period not exceeding thirty years with interest at such rate as the Minister may, with the approval of the Minister for Finance, from time to time by order fix, from the date of the service of the demand until the whole amount is paid. Any such instalments and interest, or any part thereof, may be recovered summarily as a civil debt from the person having control of the house or the occupier thereof, and, if recovered from an occupier, may be deducted by him from the rent of the house.

By section 21 of the Act the local authority is empowered after notice to the person having control of the house to serve notice on the occupier or occupiers of a house in respect of which works have been executed by the local authority, requiring such occupier or occupiers to pay their rent to the local authority until the amount of any expenses due to the local authority with interest thereon is fully paid.

By section 22 of the Act the local authority is empowered after notice to the person having control of the house to make a letting of any vacant house in respect of which expenses are due to them for works executed under section 20 of the Act where they are satisfied such expenses cannot be recovered from such person. An appeal lies to the Circuit Court against a proposal of the local authority to make such a letting.

FORM NO. 3.

FORM OF ORDER DECLARING EXPENSES INCURRED BY THE LOCAL AUTHORITY IN THE CASE OF A HOUSE TO WHICH SECTION 19 of THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 , APPLIES TO BE PAYABLE BY WEEKLY OR OTHER INSTALMENTS.

The Housing (Miscellaneous Provisions) Act, 1931.

persons having control
To	the	________________	of the house, ¹
occupier

Whereas by a notice dated the day of

19, the ²

(hereinafter referred to as ³ " ") in pursuance of Section 19 of the Housing (Miscellaneous Provisions) Act, 1931 , have required the person having control of the above-mentioned house to execute, within the time specified in that notice, the works specified in the said notice, stating therein that such works would in their opinion render the house fit for human habitation;

And whereas the said notice has not been complied with and the ³

in pursuance of Section 20 of the said Act have done the work required to be done and have incurred in so doing expenses amounting to the sum of £ ;

Now therefore the ³ hereby declare that the said expenses amounting to the sum of

£ shall be payable by weekly* instalments of £ within a period not exceeding†

years with interest at the rate of ‡ pounds per cent, per

annum, until the whole amount is paid.

Dated the day of 19 .

(To be sealed with the common seal of the Local Authority.)

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹Such a description of the house as may be sufficient for identification.

² Description of the Local Authority.

³ Short reference to Local Authority.

* Or monthly, quarterly, or annual, or as the case may be.

† The period to be specified must not exceed thirty years.

‡ The rate of interest is prescribed by the Minister with the approval of the Minister for Finance under Section 20 (5) of the Act.

NOTE.

By Subsection (5) of Section 20 of the act it is provided that any instalments or interest or any part of any instalment or interest under an order of the Local Authority declaring their expenses to be payable by weekly or other instalments may be recovered summarily as a civil debt from any owner or occupier, and if recovered from the occupier may be deducted by him from the rent of the house.

By section 22 of the Act the local authority is empowered (after notice to the person having control of the house to make a letting of any vacant house in respect of which expenses are due to them for works executed under section 20 of the Act) where they are satisfied such expenses cannot be recovered from such person. An appeal lies to the Circuit Court against a proposal of the local authority to make such a letting.

A person aggrieved may appeal to the Circuit Court against any notice requiring him to execute works under Section 19 of the Act, and against any demand for the recovery of expenses from him or an order made by the Local Authority under Section 20 of the Act in respect of those expenses. The appeal must be made within 21 days after the date of the service of the notice, demand or order, and no proceedings, may be taken by the Local Authority to enforce any notice, demand or order against which an appeal is brought before the appeal has been finally determined. On an appeal against a demand or order no question can be raised which might have been raised on an appeal against the original notice requiring the execution of the works.

Rules of Court regulate the practice and procedure in appeals to the Circuit Court.

An appellant should notify the Local Authority forthwith of any appeal to the Circuit Court.

FORM NO. 4.

FORM OF NOTICE REQUIRING OCCUPIER TO PAY RENT TO LOCAL AUTHORITY UNTIL EXPENSES INCURRED BY THEM IN RESPECT OF A HOUSE ARE FULLY REPAID.

The Housing (Miscellaneous Provisions) Act, 1931.

To¹the occupier of the house²

Take notice:—

(a) that a demand for expenses incurred by the ³

in respect of the execution of works to the above mentioned house under Part II of the Housing (Miscellaneous Provisions) Act, 1931 has been served on ⁴

the person having control of the above-mentioned house and has become operative:

(b) that such expenses (* or that a part of such expenses) amounting to the sum of ⁵ remain(s) unpaid;

days' notice to the said person having control of the house hereby require you to pay to them any rent now due by you or hereafter to become due by you, as occupier of the said house, until the said expenses (* or the said part of the said expenses amounting to the sum of ⁵ with interest thereon at

the rate of ⁶ per centum per annum are *(is) fully repaid to the ³

Dated this day of 19

.....................................................

Signature of Clerk to the Local Authority.

DIRECTIONS FOR FILLING OF THIS FORM.

Insert:—

¹ Name of Occupier.

² Description of House.

³ Description of Local Authority.

⁴ Name of person having control of the House.

⁵ Amount of expenses remaining unpaid.

⁶ Rate of Interest.

* Strike out if inapplicable.

NOTE.

Subsection (2) of section 21 of the Housing (Miscellaneous) Provisions) Act, 1931, provides that the service of this notice upon an occupier shall operate to transfer to the local authority the exclusive right to recover, receive and give a discharge for the rent required by such notice to be paid to the local authority.

FORM NO. 5.

FORM OF NOTICE OF TIME AND PLACE AT WHICH THE QUESTION OF MAKING A DEMOLITION ORDER IN RESPECT OF A DWELLING-HOUSE WILL BE CONSIDERED.

The Housing (Miscellaneous Provisions) Act, 1931.

To ¹

the person having control of the dwelling-house²

and to^l the owners

of the said house and to¹

mortgagees of the said house;

Whereas the ³

(hereinafter referred to as the ⁴" ") are satisfied that the above-

mentioned dwelling-house which is occupied or is of a type suitable for occupation by persons of the working classes is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit.

Take Notice that the condition of the above-mentioned house and any offer with respect to the carrying out of works or the future user of the house will be considered by the ⁴ at on *

the day of 19 , at

in the noon when any of the persons

to whom this notice is addressed will be entitled to be heard.

Dated this day of , 19 .

............................................................ ...........

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name, residence or place of business, and description, where known.

² Such a description of the dwelling-house as may be sufficient for its identification.

³ Description of the Local Authority.

⁴ Short reference to Local Authority.

* Not less than 21 days' notice must be given.

FORM NO 6.

FORM OF ORDER FOR DEMOLITION OF A DWELLING-HOUSE.

The Housing (Miscellaneous Provisions) Act, 1931.

Whereas the ¹

(hereinafter referred to as "the ³") after complying with the requirements of Section 23 of the Housing (Miscellaneous Provisions) Act, 1931 , are satisfied that the dwelling-house² being occupied or of a type suitable for occupation by persons of the working classes is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit and have accepted no undertaking from an owner or mortgagee with respect to the carrying out of works or the future user of the house;

Now therefore the ³ in pursuance of Subsection (3) of Section 23 of the Housing (Miscellaneous Provisions) Act, 1931 , order as follows:—

(1) The said dwelling-house be vacated within*

days from the date on which this Order becomes operative;

(2) the said dwelling-house be demolished and the site thereof cleared and levelled within six† weeks after the expiration of the last-mentioned period, or if the house is not vacated before the expiration of that period, within six weeks after the date on which it is vacated.

Dated this day of , 19 .

(To be sealed with the Common Seal of the Local Authority.)

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Description of the Local Authority.

² Such a description of the dwelling-house as may be sufficient for its identification.

³ Short reference to Local Authority.

* This period must not be less than 28 days.

† A longer period may be specified if the Local Authority think fit.

NOTE.

Section 23 of the Housing (Miscellaneous Provisions) Act, 1931 , provides as follows:—

" 23.— (1) Where a local authority, upon consideration of an official representation, or a report from any of their officers, or other information in their possession, are satisfied that any dwelling-house which is occupied, or is of a type suitable for occupation, by persons of the working classes, is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, they shall serve upon the person having control of the house, upon any other person who is an owner thereof, and, so far as it is reasonably practicable to ascertain such persons, upon every mortgagee thereof, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future user of the house, which he may wish to submit will be considered by them, and every person upon whom such a notice is served shall be entitled to be heard when the matter is so taken into consideration.

(2) The local authority may, if, after consultation with any owner or mortgagee, they think fit so to do, accept an undertaking from him, either that he will within a specified period carry out such works as will in the opinion of the local authority render the house fit for human habitation, or that it shall not be used for human habitation until the local authority, on being satisfied that it has been rendered fit for that purpose, cancel the undertaking.

(3) If no such undertaking as is mentioned in the last preceding subsection is accepted by the local authority, or if, in a case where they have accepted such an undertaking, any work to which the undertaking relates is not carried out within the specified period, or the house is at any time used in contravention of the terms of the undertaking, the local authority shall forthwith make a demolition order requiring that the house shall be vacated within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall be demolished and the site thereof cleared and levelled within six weeks after the expiration of that period or, if the house is not vacated before the expiration of that period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the circumstances the local authority deem it reasonable to specify, and shall serve the order upon every person upon whom they would be required by sub-section (1) of this section to serve a notice issued by them under that sub-section.

Section 27 of the Act provides that any person aggrieved by a demolition order made under Part III of that Act may within 21 days after the date of the service of the order appeal to the Circuit Court. No proceedings may be taken by the local authority to enforce any order against which an appeal is brought before the appeal has been finally determined. No appeal lies against a demolition order at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.

Rules of Court regulate the practice and procedure in appeals to the Circuit Court.

An appellant should give notice forthwith to the Local Authority of any appeal to the Circuit Court.

A demolition order does not become operative until either the time within which an appeal can be made has elapsed without an appeal being made or in case an appeal is made the appeal is finally determined or withdrawn. When a demolition order has become operative the Local Authority are required by Section 33 (1) of the Act to serve on the occupier of any building or any part of any building to which the order relates, a notice stating the effect of the order and specifying the date by which the order requires the building to be vacated and requiring him to quit the building before that date or before the expiration of 28 days from the service of the notice whichever may be the later. Section 33 (3) of the Act provides that any person who knowing that a demolition order has become operative and applies to any building, enters into occupation of that building, or any part thereof, after the date by which the order requires that building to be vacated, or permits any other person to enter into such occupation after that date, shall be liable on summary conviction to a fine not exceeding £20 and to a further penalty of £5 for every day, or part of a day, on which occupation continues after conviction.

FORM NO. 7.

FORM OF ORDER FOR DEMOLITION OF DWELLING-HOUSE ON BREACH OF UNDERTAKING.

The Housing (Miscellaneous Provisions) Act, 1931.

Whereas the ¹

(hereinfter referred to as "the ³") in pursuance of Section 23 of

the Housing (Miscellaneous Provisions) Act, 1931 , being satisfied that the

dwelling-house² , being occupied or of a type suitable for occupation by persons of the working classes, was unfit for human habitation and was not capable at a reasonable expense of being rendered so fit, and having complied with the provisions of the said Section as to the service of notices and the consideration of representations made by the persons upon whom notices were

served, accepted on the day of an undertaking from , being the owner [or mortgagee] of the house in the following terms:—

[Here set out the terms of the undertaking].

And Whereas the said undertaking has been broken in the following respects:—

[Here give particulars of the breaches of the undertaking.]

Now therefore the ³ in pursuance of Sub-section (3) of Section 23 of

the Housing (Miscellaneous Provisions) Act, 1931 , order as follows:—

(1) The said dwelling-house be vacated within* days

from the date on which this Order becomes operative;

(2) The said dwelling-house be demolished and the site thereof cleared and levelled within six† weeks after the expiration of the last-mentioned period or if the house is not vacated before the expiration of that period within six† weeks after the date on which it is vacated.

Dated this day of 19 .

(To be sealed with the Common Seal of the Local Authority.)

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Description of the Local Authority.

² Such a description of the dwelling-house as may be sufficient for its identification.

³ Short reference to Local Authority.

* This period must not be less than 28 days.

† A longer period may be specified if the Local Authority think fit.

(Add Note as in the Form of Order for Demolition of a Dwelling-house.)

FORM NO. 8.

FORM OF NOTICE TO OCCUPIER OF DEMOLITION ORDER WHICH HAS BECOME OPERATIVE.

The Housing (Miscellaneous Provisions) Act, 1931.

To¹ the occupier of the

dwelling-house²

Take Notice:—

That on the day of 19 the ³

(hereinafter referred to as "the ⁴")

in pursuance of the Housing (Miscellaneous Provisions) Act, 1931 , made an Order (hereinafter called the Demolition Order):—

(a) That the above-mentioned dwelling-house be vacated within

days from the date on which the Order became

operative;

(b) That the said dwelling-house be demolished within six weeks* after the expiration of the last-mentioned period or if the house was not vacated before the expiration of that period within six weeks* after the date on which it was vacated.

And that the Demolition Order became operative on the day of 19 ;

And that in pursuance of Section 33 of the Housing (Miscellaneous Provisions) Act, 1931 , you are required to quit the said house before the day

of 19 .

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name of occupier.

² Such a description of the dwelling-house as may be sufficient for its identification.

³ Description of the Local Authority.

⁴ Short reference to Local Authority.

* Or such longer period as may have been specified by the Local Authority.

NOTE.

By Section 33 (I) of the Housing (Miscellaneous Provisions) Act, 1931 , it is provided:—

Where a demolition order has become operative, the local authority shall serve on the occupier of any building or any part of any building to which the order relates a notice stating the effect of the order and specifying the date by which the order requires the building to be vacated and requiring him to quit the building before the said date or before the expiration of twenty-eight days from the service of the notice, whichever may be the later; and if at any time after the date on which the notice requires the building to be vacated any person is in occupation of the building, or of any part thereof, the local authority or any owner of the building may make complaint to a court of summary jurisdiction and thereupon the court shall by their warrant which shall have the same effect as a warrent under Section 86 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, order vacant possession of the building or of the part thereof to be given to the complainant within such period not being less than two weeks nor more than four weeks as the court may determine.

Section 33 (3) of the Act provides—

Any person who, knowing that a demolition order has become operative and applies to any building, enters into occupation of that building, or of any part thereof, after the date by which the order requires that building to be vacated, or permits any other person to enter into such occupation after that date, shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further penalty of five pounds for every day, or part of a day, on which the occupation continues after such conviction.

FORM NO. 9.

FORM OF NOTICE OF TIME AND PLACE AT WHICH THE QUESTION OF MAKING A CLOSING ORDER IN RESPECT OF PART OF A BUILDING WILL BE CONSIDERED.

The Housing (Miscellaneous Provisions) Act, 1931.

To ¹ the person having control of part of the building ² being ³

and to ¹ the owners

of the above-mentioned part of the said building and to¹ the

mortgagees of the above-mentioned part of the said building;

Whereas the ⁴

(hereinafter referred to as "the ⁵ ") are satisfied that the above-

mentioned part of the said building is occupied or is of a type suitable for occupation by persons of the working classes and is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit;

Take Notice that the condition of the above-mentioned part of the said building and any offer with respect to the carrying out of works or the future user of the said part of the said building will be considered by the ⁵ at on * the

day of 19 at in the noon when

any of the persons to whom this notice is addressed will be entitled to be heard.

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name, residence or place of business, and description, where known.

² Such a description of the building as may be sufficient for its identification.

³ Such a description of the part of the building as may be sufficient for its identification.

⁴ Description of Local Authority.

⁵ Short reference to Local Authority.

* Not less than 21 days' notice must be given.

FORM NO. 10.

FORM OF CLOSING ORDER OF PART OF A BUILDING.

The Housing (Miscellaneous Provisions) Act, 1931.

Whereas the ¹

(hereinafter referred to as "the ⁴ ") after complying with the require-

ments of section 23 of the Housing (Miscellaneous Provisions) Act, 1931 , are satisfied that a part of the building known as ² being ³which is occupied or is of a type suitable for occupation by persons of the working classes and is let for hvman habitation as a separate tenement is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit;

And Whereas the ⁴ have accepted no undertaking from an owner

or mortgagee with respect to the carrying out of works or the future user of the said part of the said building;

Now therefore the ⁴ in pursuance of section 25 of the Housing

(Miscellaneous Provisions) Act, 1931, hereby prohibit the use of the said part of the said building for human habitation.

Dated this day of 19 .

(To be sealed with the Common Seal of the Local Authority.)

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Description of the local authority.

² Such a description of the building as may be sufficient for its identification.

³ Such a description of the part of the building as may be sufficient for its identification.

⁴ Short reference to Local Authority.

NOTE.

Section 25 of the Housing (Miscellaneous Provisions) Act, 1931 , provides that a local authority may under Part III of that Act take the like proceedings in relation to any part of a building which is let for human habitation as a separate tenement, as they are empowered to take in relation to a dwelling-house subject, however, to this qualification that in circumstances in which in the case of a dwelling-house they would have made a demolition order, they shall, in the case of a part of a building, which is let for human habitation as a separate tenement, make a closing order prohibiting the use of that part for human habitation. The local authority are required to determine a closing order made by them on being satisfied that the part of the building to which it relates has been rendered fit for human habitation.

Section 27 of the Act provides that any person aggrieved by a closing order or the refusal to determine a closing order may within 21 days after the date of the service of the order, or after the refusal, appeal to the Circuit Court. No proceedings may be taken by the local authority to enforce any order against which an appeal is brought before the appeal has been finally determined. No appeal lies at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.

Rules of Court regulate the practice and procedure in appeals to the Circuit Court.

A closing order does not become operative until either the time within which an appeal can be made has elapsed without an appeal being made or in case an appeal is made the appeal is finally determined or withdrawn. An appellant should notify the local authority forthwith of any appeal to the Circuit Court.

Section 26 (2) of the Act provides that any person who, knowing that a closing order has become operative and applies to any premises, uses those premises in contravention of the terms of the order, or permits them to be so used, shall be liable on summary conviction to a fine not exceeding £20 and to a further penalty of £5 for every day or part of a day on which he so uses them or permits them to be so used after conviction.

FORM NO. 11.

FORM OF CLOSING ORDER OF PART OF A BUILDING ON BREACH OF UNDERTAKING.

The Housing (Miscellaneous Provisions) Act, 1931.

Whereas the ¹

(hereinafter referred to as "the ⁴ ") in pursuance of section 25 of

the Housing (Miscellaneous Provisions) Act, 1931 , being satisfied that the part

of the building ² being ³ occupied or

of a type suitable for occupation by persons of the working classes and let for human habitation as a separate tenement was unfit for human habitation and was not capable at a reasonable expense of being rendered so fit and having complied with the provisions of section 23 of the Act as to the service of notices and the consideration of representations made by the persons upon whom the notices were served, on the day of accepted an undertaking from being the owner [or mortgagee] of the said part of the said building in the following terms:

[Here set out the terms of the undertaking.]

And Whereas the said undertaking has been broken in the following respects:—

[Here give particulars of the breaches of the undertaking.]

Now therefore the ⁴ in pursuance of section 25 of the Housing (Miscellaneous Provisions) Act, 1931 , hereby prohibit the use of the said part of the said building for human habitation.

Dated this day of , 19 .

(To be sealed with the Common Seal of the Local Authority.)

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Description of the Local Authority.

² Such a description of the building as may be sufficient for its identification.

³ Such a description of the part of the building as may be sufficient for its identification.

⁴ Short reference to Local Authority.

(Add Note as in the Form of Closing Order of Part of a Building.

FORM NO. 12.

FORM OF ORDER DETERMINING CLOSING ORDER IN RESPECT OF PART OF A BUILDING.

The Housing (Miscellaneous Provisions) Act, 1931.

To ¹ owner [or mortgagee] of

part of the building ⁴

being⁵

Whereas on the day of 19 ,

in pursuance of section 25 of the Housing (Miscellaneous Provisions)

Act, 1931, a Closing Order was made by the ² (hereinafter

referred to as "the ³ ") in respect of the above-mentioned part of

the said building and by the said Closing Order the ³ prohibited

the use of the said part of the said building for human habitation;

And whereas the ³ are satisfied that the said part of the said

building has been rendered fit for human habitation:

Now therefore the ³ hereby determine the Closing Order afore-

said.

Dated this day of , 19 .

(To be sealed with the Common Seal of the Local Authority).

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name, residence or place of business, and description, where known, of owner or mortgagee.

² Description of the Local Authority.

³ Short reference to Local Authority.

⁴ Such a description of the building as may be sufficient for identification.

⁵ Such a description of the part of the building as may be sufficient for identification.

FORM NO. 13.

FORM OF NOTICE OF REFUSAL OF LOCAL AUTHORITY TO DETERMINE A CLOSING ORDER IN RESPECT OF PART OF A BUILDING.

The Housing (Miscellaneous Provisions) Act, 1931.

To ¹ owner [or mortgagee] of

the part of the building³

being ⁴

Take Notice that the ²

having considered your application to them to determine the Closing Order made

by them in pursuance of the Housing (Miscellaneous Provisions) Act, 1931 , on

the day of , 19, in respect of the above-

mentioned part of the said building, and not being satisfied that the said part of the said building has been rendered fit for human habitation, have this day refused to determine the said Closing Order.

Dated this day of , 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name, residence or place of business, and description, where known, of owner or mortgagee.

² Description of the Local Authority.

³ Such a description of the building as may be sufficient for identification.

⁴Such a description of the part of the building as may be sufficient for identification.

NOTE.

Section 25 of the Housing (Miscellaneous Provisions) Act, 1931 , provides that a Local Authority shall determine a Closing Order made by them under that section in respect of a part of a building on being satisfied that the said part of the said building has been rendered fit for human habitation.

Section 27 of the Act provides that a person aggrieved by the refusal of a Local Authority to determine a Closing Order may, within 21 days after the refusal, appeal to the Circuit Court.

Rules of Court regulate the practice and procedure in appeals to the Circuit Court.

An appellant should notify the Local Authority forthwith of any appeal to the Circuit Court.

FORM NO. 14.

FORM OF CLEARANCE ORDER.

The Housing (Miscellaneous Provisions) Act, 1931.

Whereas pursuant to Section 5 of the Housing (Miscellaneous Provisions)

Act, 1931, the ¹ (hereinafter referred to as the ⁴ )

being satisfied as respects an area within their district that such area is an unhealthy area and that the conditions in such area can be effectively remedied only by the demolition of all the buildings in the area which are unfit for human habitation or dangerous or injurious to health, have caused such area to be defined on a map so as to exclude therefrom any building which is not unfit for human habitation or dangerous or injurious to health:

And Whereas by a resolution passed at a meeting of the ⁴ held on

the day of , the ⁴

have declared the area as so defined to be a clearance area;

And Whereas before passing the resolution hereinbefore referred to declaring the said area to be a clearance area the ⁴ have satisfied the Minister for Local Government and Public Health that in so far as suitable accommodation available for persons of the working classes who will be displaced by the steps to be taken for the clearance of the area does not already exist, the ⁴ can provide, or secure the provision of, such accommodation in accordance with the requirements of Section 14 of the said Act, and that the resources of the ⁴

are sufficient for the purpose of carrying the said resolution into effect:

And Whereas in pursuance of said Section the ⁴ have determined

by a resolution passed at a meeting of the ⁴ on the

day of 19 , to proceed to secure the clearance

of the area by ordering the demolition of the buildings hereinafter referred to:

Now therefore the ⁴ in exercise of their powers under Section 5 of

the Housing (Miscellaneous Provisions) Act, 1931 , and after compliance with the provisions contained in the First Schedule to the said Act, hereby order—

1.—(1) that each of the buildings specified in the Schedule hereto be demolished,

being the buildings which are coloured pink on a map marked ²

and sealed with the Common Seal of the ⁴ and deposited at the offices

of the ⁴ ;

(2) that for the purposes of demolition each of the buildings be vacated on or before the expiration of the period specified in the sixth column of the said Schedule opposite to the number and description of the said building.

2. This Order may be cited as the ³ Clearance

Order, 19 .

SCHEDULE

Numbers on Map deposited at the offices of the	Description and situation of the buildings.	Owners or reputed owners.	Lessees or reputed lessees.	Occupiers (except tenants for a month or less period than a month).	Period from the date when the Order becomes operative* within which the building is to be vacated.
(1)	(2)	(3)	(4)	(5)	(6)

(L.S.)

Given under the Seal of the ¹

this day of ,19 .

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Description of the local authority.

² Heading of Map which should be identified by a heading in the terms of the short title of the order.

³ Suitable short title.

⁴ Short reference to local authority.

* Section 17 of the Housing (Miscellaneous Provisions) Act, 1931 , provides that when a Clearance Order has been confirmed by the Minister for Local Government and Public Health it shall become operative at the expiration of six weeks from the date on which notice of its confirmation is published in accordance with the provisions of that section, but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of the Act or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with quash the Order either generally or in so far as it affects any property of the applicant.

FORM NO. 15.

FORM OF NOTICE TO OWNERS, MORTGAGEES, LESSEES AND OCCUPIERS OF THE MAKING OF A CLEARANCE ORDER.

The Housing (Miscellaneous Provisions) Act, 1931.

To¹

Take Notice that the ² in pursuance of their

powers under Part II of the Housing (Miscellaneous Provisions) Act, 1931 , on

the day of , 19, made

a Clearance Order which is about to be submitted to the Minister for Local Government and Public Health for confirmation, ordering the demolition of the buildings described in the Schedule hereunder.

Copies of the Order and of the Map referred to therein and a map of the clearance area have been deposited at and may be seen at all reasonable hours.

The buildings included in the area to which the Order relates in which you

are interested as

/images/v13p0412a.gif

owner

mortgagee

lessee

occupier

are³

and the Order requires that for the purpose of demolition these buildings shall be vacated within ⁴ after the Order becomes operative.

Any objection to the Clearance Order must be made in writing, stating the grounds of your objection and addressed to the Minister for Local Government and Public Health, Custom House, Dublin., before the ⁵ day of 19 .

Paragraph 4 of the First Schedule of the Act provides that if no objection is duly made by any of the persons upon whom notices are required to be served, or if all objections are withdrawn, the Minister may, if he thinks fit, confirm the Order with or without modification; but in any other case he shall, before confirming the Order, cause a public local inquiry to be held and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order either with or without modification.

Section 8 of the Act provides that when a clearance order has become operative, the owner or owners of any building to which the order applies shall demolish that building and clear and level the site thereof to the satisfaction of the local authority before the expiration of six weeks from the date on which the building is required by the order to be vacated or, if it is not vacated until after that date, before the expiration of six weeks from the date on which it is vacated or, in either case, before the expiration of such longer period as in the circumstances the Local Authority may deem reasonable.

Section 17 of the Act provides that when a clearance order has been confirmed by the Minister for Local Government and Public Health it shall become operative at the expiration of six weeks from the date on which notice of its confirmation is published in accordance with the provisions of the Act, but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of the Act or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with, quash the Order either generally or in so far as it affects any property of the applicant.

Schedule.

(One of the alternative forms (a), (b) and (c) should be used as may be convenient).

(a) A description of each of the buildings as in the Clearance Order,

(b) The area to which the Order relates is bounded as follows:—

On the North by

On the South by

On the East by

On the West by

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name, address and description.

² Description of local authority.

³ Description of building in Clearance Order.

⁴ Date prescribed by Clearance Order.

⁵ A date not less than 14 clear days from the service of the notice.

FORM NO. 16.

FORM OF ADVERTISEMENT OF MAKING OF A CLEARANCE ORDER

BY A LOCAL AUTHORITY.

The Housing (Miscellaneous Provisions) Act, 1931.

¹ ORDER.

Notice is hereby given that the ² in pursuance

of the powers vested in them by Part II of the Housing (Miscellaneous Provisions)

Act, 1931, on the day of 19, made a

Clearance Order which will be submitted for confirmation by the Minister for Local Government and Public Health ordering the demolition of the buildings described in the Schedule hereunder and their vacation within the periods respectively specified in the Order.

Copies of the said Order and of the Map referred to therein and a map of the clearance area have been deposited at and may be seen at all reasonable hours.

SCHEDULE.

(One of the alternative forms (a) (b) and (c) should be used as may be convenient).

(a) A description of each of the buildings as in the Clearance Order stating the owners and occupiers.

(b) The area to which the Order relates is bounded as follows:—

On the North by

On the South by

On the East by

On the West by

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Short title of order.

² Description of Local Authority.

FORM NO. 17.

FORM OF ADVERTISEMENT OF CLEARANCE ORDER CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH.

The Housing (Miscellaneous Provisions) Act, 1931.

¹ ORDER.

Notice is hereby given that the Minister for Local Government and Public

Health in pursuance of the powers vested in him by Part II of the Housing (Miscellaneous Provisions) Act, 1931 , on the day of 19 , confirmed [with modifications] a Clearance Order submitted to him by the ² ordering the demolition of the buildings described in the

Schedule hereunder and their vacation within the periods respectively specified in the Order.

Copies of the above-mentioned Order as so confirmed and of the Map referred to therein and a Map of the clearance area have been deposited at

and may be seen at all reasonable hours.

The Order will become operative at the expiration of six weeks from the date of this advertisement, but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of the Act or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with, quash the Order either generally or in so far as it affects any property of the applicant.

SCHEDULE.

(One of the alternative forms (a) (b) and (c) should be used as may be convenient.)

(a) A description of each of the buildings as in the Clearance Order

(b) The area to which the Order relates is bounded as follows:—

On the North by

On the South by

On the East by

On the West by

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM

Insert:—

¹ Short title of order.

² Description of Local Authority.

FORM NO. 18.

FORM OF NOTICE TO OCCUPIER TO QUIT BUILDING AFTER CLEARANCE ORDER HAS BECOME OPERATIVE.

The Housing (Miscellaneous Provisions) Act, 1931.

To ¹ the occupier of the building ²

Take notice:—

That by the ³Clearance Order 19 made by the ⁴

in pursuance of their powers under section 6 of the

Housing (Miscellaneous Provisions) Act, 1931 , and confirmed by the Minister for Local Government and Public Health on the day of

19 , it was ordered that the above-

mentioned building be demolished and for the purposes of demolition be vacated

within from the date when the Order became

operative.

And that the ³ Clearance Order 19 became operative on

the day of 19 .

And that in pursuance of section 33 of the Housing (Miscellaneous Provisions)

Act, 1931, * you are required to quit the said building before the day of

19 .

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name of Occupier.

² Description of building in Clearance Order.

³ Short title of order.

⁴ Description of Local Authority.

* Section 33 of the Housing (Miscellaneous Provisions) Act, 1931 , provides that when a Clearance Order has become operative the Local Authority shall serve on the occupier of any building or any part of any building to which the Order relates a notice stating the effect of the Order and specifying the date by which the Order requires the building to be vacated and requiring him to quit the building before the said date or before the expiration of 28 days from the service of the notice, whichever may be the later.

FORM NO. 19.

FORM OF COMPULSORY PURCHASE ORDER MADE FOR THE PURPOSE OF PART III OF THE HOUSING OF THE WORKING CLASSES ACT, 1890.

The Housing of the Working Classes Acts, 1890 to 1931.

The ¹ (hereinafter referred to as ³ hereby make the

following order—

1. Subject to the provisions of this order the ³

are hereby authorised to purchase compulsorily for the purposes of Part III

of the Housing of the Working Classes Act, 1890, the lands described in the

Schedule hereto which lands are coloured on a Map marked ²

and sealed with the Common Seal of the ³ and deposited at the

offices of the ³

2. Subject to any necessary adaptations the provisions of:—

(a) the Lands Clauses Acts (except Sections l27 to 132 of the Lands Clauses Consolidation Act, 1845) as amended by the provisions contained in the Second Schedule to the Housing of the Working Classes Act, 1890, and the Housing of the Working Classes Acts, 1890 to 1931.

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 .

as modified by the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 , in the case of compulsory purchase orders made for the purposes of Part III of the Housing of the Working Classes Act, 1890, are hereby incorporated in this order and the provisions of those Acts shall apply accordingly.

4. This Order may be cited as the ⁴

Order, 19 .

The Schedule above referred to.

Number on Map deposited at the offices of the ³	Quantity, Description and Situation of the lands.	Owners or reputed Owners.	Lessees or reputed Lessees.	Occupiers (except tenants for a month or less than a month).

(L.S.)

Given under the Seal of the ¹ thisday of , 19 .

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Description of Local Authority.

² Heading of Map which should be identified by a heading in the terms of the short title of this Order.

³ Short reference to Local Authority.

⁴ Suitable short title.

FORM NO. 20.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSE OF PART III OF THE HOUSING OF THE WORKING CLASSES ACT, 1890.

The Housing of the Working Classes Act, 1890 to 1931.

Notice is hereby given that the ¹

in pursuance of the powers vested in them by Part III of the Housing

of the Working Classes Act, 1890, on the day of , 19

made an order which will be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purposes of Part III of the Housing of the Working Classes Act, 1890, the lands described in the Schedule hereto.

A copy of the said Order and of the Map referred to therein has been deposited

at and may be seen

at all reasonable hours.

Schedule.

(Here insert description of the lands comprised in the Order.)

Dated this day of , 19 .

Signature of the Clerk of the Local Authority.

¹ Insert Description of Local Authority.

FORM NO. 21.

FORM OF NOTICE TO OWNERS, MORTGAGEES, LESSEES AND OCCUPIERS OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSE OF PART III OF THE HOUSING OF THE WORKING CLASSES ACT, 1890.

The Housing of the Working Classes Acts, 1890 to 1931.

To¹

/images/v13p0416.gif

Owner

Mortgagee

Lessee

Occupier

Of ²

Take Notice that the ³ in pursuance of the powers vested in them by Part III of the Housing of the Working Classes act, 1890, on the day of , 19 , made an Order which is about to be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purposes of Part III of the Housing of the Working Classes Act, 1890, the lands described in the Schedule hereto.

A copy of the said Order and of the map referred to therein has been deposited

at and may be seen at all reasonable hours.

Any objection to this Order must be made in writing stating the grounds of your objection and addressed to the Minister for Local Government and Public Health, Custom House, Dublin, before the* day of

19 .

The Acts provide that if no objection is duly made by any persons upon whom notices are required to be served, or if all objections are withdrawn, or if the Minister is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed the Minister may, if he thinks fit, confirm the Order with or without modification; but in any other case he shall, before confirming the Order, cause a public local inquiry to be held, and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the Order either with or without modification.

Schedule.

(Here insert description of the lands comprised in the Order.)

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name, address and description.

² Description of property.

³ Description of Local Authority.

* Here insert a date not less than fourteen clear days from the service of Notice.

FORM NO. 22.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF PART III OF THE HOUSING OF THE WORKING CLASSES ACT, 1890, CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH.

The Housing of the Working Classes Acts, 1890 to 1931.

¹ ORDER

Notice is hereby given that the Minister for Local Government and Public Health in pursuance of the powers vested in him by the Housing (Miscellaneous Provisions) Act, 1931 , on the day of 19, confirmed [with modifications] an order submitted to him by the ²(hereinafter called the ³) authorising the ³ to purchase compulsorily for the purposes of Part III of the Housing of the Working Classes Act, 1890, the lands described in the Schedule hereto.

A copy of the Order and of the map referred to therein has been deposited at

and may be seen at all reasonable hours.

The Order will become operative at the expiration of six weeks from the date of this advertisement, but if proceedings in the High Court are instituted within that period by an aggrieved person desirious of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of the Act or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with, quash the Order either generally or in so far as it affects any property of the applicant.

Schedule.

(Here insert description of the lands comprised in the Order.)

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Short title of Order.

² Description of Local Authority.

³ Short reference to Local Authority.

FORM NO. 23.

FORM OF COMPULSORY PURCHASE ORDER IN RESPECT OF LAND COMPRISED IN A CLEARANCE AREA AND LAND SURROUNDED BY OR ADJOINING THE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

Whereas pursuant to Section 5 of the Housing (Miscellaneous Provisions) Act,

1931, the ¹ (hereinafter called the ⁴ ") being

satisfied as respects an area within their district that such area is an unhealthy area and that the conditions in such area can be effectively remedied only by the demolition of all the buildings in such area which are unfit for human habitation or dangerous or injurious to health, have caused such area to be defined on a map in such manner as to exclude therefrom any building which is not unfit for human habitation or dangerous or injurious to health;

And Whereas by a resolution passed at a meeting of the ⁴ held on the

day of 19 , the ⁴ have declared such area as so defined to be a clearance area:

And Whereas before passing the said resolution the ⁴ have satisfied

themselves that in so far as suitable accommodation available for persons of the working classes who will be displaced by the steps to be taken for clearance of the area does not already exist the ⁴ can provide, or secure the provision of such accommodation in accordance with the requirements of Section 14 of the said Act, and that the resources of the ⁴ are sufficient for the purpose of carrying into effect the said resolution:

And Whereas in pursuance of their powers under the said Section 5 by a resolution passed at a meeting of the ⁴ on the day of 19, the ⁴ have determined to proceed to secure the clearance of the area by purchasing the land hereinafter mentioned comprised in the area and themselves undertaking or otherwise securing the demolition of the buildings thereon:

² And Whereas in pursuance of their powers under Section 7 of the said Act by a resolution passed at a meeting of the ⁴ on the day of 19 , the ⁴have determined to purchase certain other land hereinafter mentioned as [being land surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions] or [being land adjoining the said clearance area the acquisition of which is reasonably necessary for the satisfactory development or user of the cleared area];

Now Therefore the ⁴ hereby make the following Order—

1. Subject to the provisions of this Order the ⁴ are hereby authorised to purchase compulsorily for the purposes of Part II of the Housing (Miscellaneous Provisions) Act, 1931 , the lands described in the Schedule hereto.

2.— (a) The lands specified in Part I of the Schedule and coloured Pink on a map marked ³ and sealed with the Common Seal of the ⁴ and deposited at the offices of the ⁴ are lands in the area declared to be a clearance area by the said resolution of the ⁴ dated the day of ,19 .

(b)² The lands specified in Part II of the Schedule and coloured Grey on the said plan are lands outside the clearance area.

3. Subject to any necessary adaptations the provisions of

(a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845) as amended by the provisions contained in the Second Schedule to the Housing of the Working Classes Act, 1890, and the Housing of the Working Classes Acts, 1890 to 1931;

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 ,

as modified by Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 , in the case of compulsory purchase Orders made for the purposes of the said Act, are hereby incorporated in this Order and the provisions of those Acts shall apply accordingly.

5. This Order may be cited as the ⁵ Order, 19 .

The Schedule above referred to.

PART I.

Lands in the Clearance Area.

Number on Map deposited at the offices of the ⁴	Quantity, Description and Situation of the lands.	Owners or reputed Owners.	Lessees or reputed Lessees.	Occupiers other than tenants for a month or a less period than a month.

		PART II.²
	Lands	outside the	Clearance Area.

(L.S.)

Given under the Seal of the this day of 19.

DIRECTIONS FOR FILLING UP THIS FORM.

¹ Insert description of Local Authority.

² Strike out where inapplicable.

³ Insert Heading of Map which should be identified by a heading in the terms of the short title of this Order.

⁴ Insert short reference to Local Authority.

⁵ Insert suitable short title.

FORM NO. 24.

FORM OF ADVERTISEMENT OF A COMPULSORY PURCHASE ORDER IN RESPECT OF

LAND COMPRISED IN A CLEARANCE AREA AND LAND SURROUNDED BY OR

ADJOINING THE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

Notice is hereby given that the ¹

in pursuance of the powers vested in them by Part II of the Housing (Miscellaneous Provisions) Act, 1931 , on the day of , 19,made an order which will be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purpose of the Housing (Miscellaneous Provisions) Act, 1931 the lands described in the Schedule hereto which lands are in an area declared to be a clearance area by a Resolution ofthe ¹dated the day of , 19 , ²[and include lands surrounded by or adjoining the said area].

Copies of the said Order and of the map referred to therein and of the map of the clearance area have been deposited at and may be seen at all reasonable hours.

² Reference to the Order and map will show what parts of the land to be purchased compulsorily are in and what parts are outside the clearance area.

Schedule.

(One of the alternative forms (a) (b) or (c) should be used as may be convenient).

(a) A description of the lands as set out in the Order

(b) The area to which the Order relates is bounded as follows—

On the North by

On the South by

On the East by

On the West by

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

¹ Insert Description of Local Authority.

² Strike out if not applicable.

FORM NO. 25.

FORM OF NOTICE TO OWNERS, MORTGAGEES, LESSEES AND OCCUPIERS OF THE MAKING OF A COMPULSORY PURCHASE ORDER IN RESPECT OF LAND COMPRISED IN A CLEARANCE AREA AND LAND SURROUNDED BY OR ADJOINING THE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

To¹

/images/v13p0420.gif

Owner

Mortgagee

Lessee

Occupier

Of ²

Take Notice that the ³

(hereinafter called "the ⁴ ") in pursuance of their powers under Part II of the Housing (Miscellaneous Provisions) Act, 1931 , on the day of 19 , made an Order which is about to be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purposes of the Housing (Miscellaneous Provisions) Act, 1931 , the lands described in the Schedule hereto.

The lands included in this Order are

(1) lands in an area declared by a resolution of the ⁴ dated the day of 19 to be a clearance area and in respect of which the ⁴ have determined to secure the clearance thereof by purchasing the land comprised in the area and themselves undertaking or otherwise securing the demolition of the buildings thereon and

(2) * lands which the ⁴ in pursuance of their powers under section 7 of the Housing (Miscellaneous Provisions) Act, 1931 , have determined to purchase as being [lands surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions] or [lands adjoining the clearance area the acquisition of which is reasonably necessary for the satisfactory development or user of the cleared area].

Copies of the said Order and of the map referred to therein and a map of the clearance area have been deposited at and may be seen at all reasonable hours.

*Reference to the Order and maps will show what parts of the land to be acquired compulsorily are in and what parts are outside the clearance area;

Any objection to this Order must be made in writing stating the grounds of

your objection and addressed to the Minister for Local Government and Public Health, Custom House, Dublin, before the† day of 19 .

The Act provides that if no objection is duly made by any person upon whom notices are required to be served, or if all objections are withdrawn, or if the Minister is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed, the Minister may if he thinks fit confirm the Order with or without modification; but in any other case he shall before confirming the Order cause a public local inquiry to be held and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the Order either with or without modification.

The following paragraphs to be inserted in notices to owners, etc., of land comprised in the clearance area.

As the lands in which you are interested are comprised in the clearance area the compensation which will be payable for the land including the buildings thereon if the Order is confirmed by the Minister will be the value at the time the valuation is made of the land as a site cleared of buildings and available for development in accordance with the building byelaws for the time being in force in the district less such sum as shall be estimated to be the cost of clearing and levelling such land.

Any local Inquiry directed by the Minister in connection with this Order will deal with the question whether land ought to have been included in the clearance area.

If the Minister is of opinion that land included by a local authority in a clearance area ought not to have been so included, he is required to modify the order so as to exclude that land for all purposes from the clearance area, but if he is of opinion that the land may properly be purchased by the local authority under section 7 of the Housing (Miscellaneous Provisions) Act, 1931 , as being land surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, or as being land adjoining the clearance area the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area, he is required further to modify the order so as to authorise the authority to purchase the land under the said section 7 and not as being land comprised in the clearance area. The compensation payable for land so purchased is required to be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , and as modified by Part II of the Third Schedule of the Housing (Miscellaneous Provisions) Act, 1931 .

The following paragraph to be inserted in notices to owners, etc., of land not comprised in the clearance area.

As the lands in which you are interested are not comprised in the clearance area compensation will, if the Order is confirmed by the Minister, be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , and as modified by Part II of the Third Schedule of the Housing (Miscellaneous Provisions) Act, 1931 .

Schedule.

(One of the alternative forms (a) (b) or (c) should be used as may be convenient).

(a) A description of the lands as set out in the Order.

(b) The area to which the Order relates is bounded as follows:—

On the North by

On the South by

On the East by

On the West by

Dated this day of 19.

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Name, address and description.

² Description of property.

³ Description of Local Authority.

⁴Short reference to local authority.

* Strike out if inapplicable.

† Here insert a date not less than 14 clear days from the service of Notice.

FORM NO. 26.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH IN RESPECT OF

LAND COMPRISED IN A CLEARANCE AREA AND LAND SURROUNDED BY OR

ADJOINING THE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

¹ ORDER.

Notice is hereby given that the Minister for Local Government and Public Health in pursuance of the powers vested in him by Part II of the Housing(Miscellaneous Provisions) Act, 1931, on the day of 19 , confirmed [with modifications] an Order submitted to him by the ² (hereinafter called " the ⁴ ") authorising the ⁴ to purchase compulsorily for the purposes of the Housing(Miscellaneous Provisions), Act, 1931, the lands described in the Schedule hereto which lands are lands in an area declared to be a clearance area by a resolution of the ⁴ dated the day of , 19 ,³ [and include lands outside the said clearance area but surrounded by or adjoining the said area].

Copies of the said Order and of the map referred to therein and a map of the said Clearance Area have been deposited at and may be seen at all reasonable hours.

³ [Reference to the Order and maps will show what part of the land authorised to be purchased compulsorily are in and what parts are outside the clearance area].

Schedule.

(One of the alternative forms (a) (b) and (c) should be used as may be convenient)

(a) A description of the lands as set out in the Order

(b) The area to which the Order relates is bounded as follows:—

On the North by

On the South by

On the East by

On the West by

Dated this day of , 19 .

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

¹ Here insert short title of order.

² Insert Description of Local Authority.

³ Strike out if inapplicable.

⁴ Insert short reference to Local Authority.

FORM NO. 27.

FORM OF COMPULSORY PURCHASE ORDER IN RESPECT OF LAND SURROUNDED BY

OR ADJOINING A CLEARANCE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

Whereas pursuant to Section 5 of the Housing (Miscellaneous Provisions) Act, 1931, the ¹ (hereinafter referred to as the ⁴ ) after complying with the requirements of the said section by resolution passed at a meeting of the ⁴ on the day of , 19, declared a certain area in their district to be a clearance area:

And Whereas the ⁴ by resolution passed at a meeting of the ⁴on the day of , 19 , determined to purchase the land [or, certain of the land] comprised in the said clearance area and * [they were authorised to purchase the said land compulsorily by the ²Order confirmed by the Minister for Local Government and Public Health and dated the day of , 19 ]:

And Whereas in pursuance of their powers under Section 7 of the said Act the ⁴ have determined by resolution passed at a meeting of the ⁴ on the day of , 19 , to purchase the lands hereinafter described as [being lands surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions] or [being land adjoining the said clearance area the acquisition of which is reasonably necessary for the satisfactory development of user of the cleared area.]

Now Therefore the ⁴ hereby make the following Order—

1. Subject to the provisions of this Order the ⁴ are hereby authorised

to purchase compulsorily for the purposes of Part II of the Housing (Miscellaneous Provisions) Act, 1931 , the lands described in the Schedule hereto which

lands are coloured on a map marked ³ and sealed with the Common Seal of the ⁴ and deposited at the offices of the ⁴

2. Subject to any necessary adaptations the provisions of—

(b) The Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 .

as modified by Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 , in the case of compulsory purchase Orders made for the purposes of that Act, are hereby incorporated in this Order and the provisions of those Acts shall apply accordingly.

3. This Order may be cited as the ⁵ Order, 19 .

The Schedule above referred to.

Number on Map deposited at the offices of the ⁴	Quantity, Description and situation of the lands.	Owners or reputed Owners	Lessees or reputed Lessees.	Occupiers (except tenants, for a month or less than a month.)

(L.S.)

Given under the Seal of the ¹ this

day of 19 .

DIRECTIONS FOR FILLING UP THIS FORM.

Insert:—

¹ Description of Local Authority.

² Short title of Order.

³ Heading of Map which should be identified by a heading in the terms of the short title of this Order.

⁴ Short reference to Local Authority.

⁵ Suitable short title.

* This recital will require alteration if the lands were purchased by agreement.

FORM NO. 28.

FORM OF ADVERTISEMENT OF A COMPULSORY PURCHASE ORDER IN RESPECT OF

LAND SURROUNDED BY OR ADJOINING A CLEARANCE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

Notice is hereby given that the ¹

in pursuance of the powers vested in them by Part II of the Housing (Miscellaneous Provisions) Act, 1931 , on the day of 19 , made an Order which will be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purposes of the Housing (Miscellaneous Provisions) Act, 1931 , the lands described in the Schedule hereto as being [lands surrounded by a clearance area the acquisition of which is reasonably necessary for securing a cleared area of convenient shape and dimensions] or [lands adjoining a clearance area the acquisition of which is reasonably necessary for the satisfactory development or user of the cleared area].

Copies of the said Order and of the map referred to therein and a map of the clearance area have been deposited at and may be seen at all reasonable hours.

Schedule.

(Here insert description of the lands comprised in the Order.)

Dated this day of , 19 .

Signature of the Clerk of the Local Authority.

¹ Insert Description of Local Authority.

FORM NO. 29.

FORM OF NOTICE TO OWNERS, MORTGAGEES, LESSEES AND OCCUPIERS OF THE MAKING OF A COMPULSORY PURCHASE ORDER IN RESPECT OF LANDS SURROUNDED BY OR ADJOINING A CLEARANCE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

To^l

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Owner

Mortgagee

Lessee

Occupier

Of ²

Take notice that the ³ (hereinafter called the) ⁴in pursuance of their powers under Part II of the Housing (Miscellaneous Provisions) Act, 1931 , on the day of , 19, made an Order which is about to be submitted for confirmation by the Minister for Local Government and Public Health authorising them to purchase compulsorily for the purposes of the Housing (Miscellaneous Provisions) Act, 1931 , the lands described in the Schedule hereto.

The lands included in this Order are lands which the ⁴ in pursuance of their powers under Section 7 of the Housing (Miscellaneous Provisions) Act, 1931 , have determined to purchase as being [land surrounded by an area declared to be a clearance area by a Resolution of the ⁴ dated the day of 19 , and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions] or [land adjoining ar area declared by the ⁴by Resolution dated the day of , 19 to be a clearance area the acquisition of which is reasonably necessary for the satisfactory development or user of the cleared area].

Copies of the said Order and of the map referred to therein and a map of the clearance area has been deposited at and may be seen at all reasonable hours.

19 .

The Act provides that if no objection is duly made by any persons upon whom notices are required to be served, or if all objections are withdrawn, or the Minister is satisfied that every objection duly made relates exclusively to matters that can be dealt with by the arbitrator by whom the compensation is to be assessed the Minister may, if he thinks fit, confirm the Order with or without modification; but in any other case he shall, before confirming the Order, cause a public local inquiry to be held, and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the Order either with or without modification.

As the lands in which you are interested are not comprised in a clearance area, compensation will, if the Order is confirmed by the Minister be assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , and as modified by Part II of the Third Schedule of the Housing (Miscellaneous Provisions) Act, 1931 .

Schedule.

(Here insert description of the lands comprised in the Order.)

Dated this day of ,19 .

Signature of the Clerk of the Local Authority.

Insert:—

¹ Name, address and description.

² Description of property

³ Description of Local Authority.

⁴ Short reference to Local Authority.

* Here insert a date not less than 14 clear days from the service of Notice.

FORM NO. 30.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH IN RESPECT OF LAND SURROUNDED BY OR ADJOINING A CLEARANCE AREA.

The Housing (Miscellaneous Provisions) Act, 1931.

¹ ORDER.

Notice is hereby given that the Minister for Local Government and Public Health in pursuance of the powers vested in him by Part II of the Housing(Miscellaneous Provisions) Act, 1931, on the day of

19 , confirmed [with modifications] an Order submitted to him by ²

(hereinafter called the ³) authorising the ³ to purchase compulsorily for the purpose of the Housing (Miscellaneous Provisions) Act, 1931 , the lands described in the Schedule hereto [as being lands surrounded by a clearance area the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions] or [as being lands adjoining a clearance area the acquisition of which is reasonably necessary for the satisfactory development or user of the cleared area].

Copies of the said Order and of the map referred to therein and a map of the said clearance area have been deposited at

and may be seen at all reasonable hours.

Schedule.

(Here insert description of the lands comprised in the Order).

Dated this day of 19 .

Signature of the Clerk of the Local Authority.

Insert:—

¹ Short title of Order.

² Description of Local Authority.

³ Short reference to Local Authority.

Given under the Official Seal of the Minister for Local Government and Public Health this 21st day of April, in the year one thousand nine hundred and thirty-two.

(L. S.)

(Signed) SEÁN T. O'CEALLAIGH,

Minister for Local Government and Public Health.