S.I. No. 614/1935 - Housing (Public Rights of Way) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 614.

HOUSING (PUBLIC RIGHTS OF WAY) ORDER, 1935.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 .

The Minister for Local Government and Public Health, in exercise of the powers vested in him by Sections 28 and 45 of the Housing (Miscellaneous Provisions) Act, 1931 , does, by this his Order, make the following regulations, that is to say:—

1. These regulations may be cited as the Housing (Public Rights of Way) Order, 1935.

2. The Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. An order made by a local authority under section 18 of the Housing (Miscellaneous Provisions) Act, 1931 , for the extinguishment of any public right of way over any land purchased by them for the purposes of Part II. of the said Act shall be in the form (Form No. 1) set forth in the Schedule hereto, or a form substantially to the like effect.

4. The local authority shall, not less than six weeks before submitting the order to the Minister for Local Government and Public Health for approval—

(a) publish in one or more newspapers circulating in their district a notice in the form (Form No. 2) set out in the Schedule hereto describing the public right of way to which the order relates and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

(b) affix a copy of such notice in a prominent position at each end of the public right of way to which the order relates.

5. Every notice affixed in accordance with the last preceding regulation shall be kept exhibited in such position for a period of not less than six weeks.

SCHEDULE.

FORM NO. 1.

THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 .

WHEREAS the ¹.......................................................(hereinafter referred to as the ²......................................................... ) in exercise of their powers under Part II. of the Housing (Miscellaneous Provisions) Act, 1931 , have purchased the lands shown coloured pink on a map marked³ ............................................................ .......................... and (⁴sealed with the common seal of the ² ............................................................ .........................) (or) (⁴signed by two members of the Town Commissioners and countersigned by their Clerk) and deposited at the offices of the ²........................................................:

AND WHEREAS the ² ............................................................ .....did at a meeting held on the..................................... day of.........................................................., 19....., by resolution determine to extinguish the public right of way over the said lands along the ⁵............... known as ............................................................ .......................... and marked on the said map (by dotted lines between the points A and B⁷) and thereon coloured brown:

NOW THEREFORE the ² ............................................................ ...............in exercise of the powers vested in them by Section 18 of the Housing (Miscellaneous Provisions) Act, 1931 , hereby order as follows, that is to say:—

1. On the coming into operation of this Order the public right of way over the said lands along the ⁵ ................................. known as................................. and marked on the said map as hereinbefore described shall cease and be extinguished.

2. This Order may be cited as the ⁶...........................................(Extinguishment of Public Right of Way) Order, 19 ..., and shall come into operation as from the date of its approval by the Minister for Local Government and Public Health.

Given under the Common Seal of the ¹.................................

this ............ day of .................................... 19 ....,............in

the presence of

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

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

Or, in the case of town commissioners,

Given under our hands this ....................... day of..........................

19..................., being two members of the Town Commissioners

of the Town of ...............................................acting by the

authority of and on behalf of the said Town Commissioners

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

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

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

Clerk of the said Town Commissioners.

DIRECTIONS FOR FILLING UP THIS FORM.

¹ Name of local authority.

² Short reference to local authority.

³ The map should be marked with the short title of the Order and should show the land over which the right of way passes.

⁴ Strike out whichever is inapplicable.

⁵ Insert street, road, pathway, passage, or other like description as case may require.

⁶ Insert suitable short title.

⁷ Adopt or insert other suitable description.

FORM NO. 2.

THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 .

NOTICE is hereby given that the ¹............................................................ ...in pursuance of Section 18 of the Housing (Miscellaneous Provisions) Act, 1931 , have made     on the......................day of......................,19..........................., an order, which will be submitted to the Minister for Local Government and Public Health for his approval, ordering that the public right of way described in the Schedule hereto shall be extinguished as from the date of the approval of the said order by the said Minister.

A copy of the said order and of the map referred to therein has been deposited at..........................................and may be inspected thereat at all reasonable hours.

Any objection to the said order should be made in writing addressed to the Minister for Local Government and Public Health, Custom House, Dublin, before the²......................day of.............................., 19......

The Act provides that if any objection to the order is made to the Minister before the expiration of six weeks from the publication thereof, the Minister shall not approve the order until he has caused a public local inquiry to be held into the matter.

SCHEDULE.

(INSERT HERE SUCH DESCRIPTION AS MAY BE SUFFICIENT TO IDENTIFY THE PUBLIC RIGHT OF WAY TO WHICH THE ORDER RELATES).

Dated this.............................day of..................................., 19...........................

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

Clerk.

DIRECTIONS FOR FILLING THIS FORM.

¹ Name of local authority.

² Insert a date six clear weeks from the date of publication of the notice.

Given under the Official Seal of the Minister for

Local Government and Public Health, this

29th day of October, One Thousand Nine

Hundred and Thirty-five.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.