Mountjoy Square, Dublin, Act, 1938

Provision for houses occupied by working class.

11.—(1) The Act shall not authorise, in the exercise of the powers conferred by this Act, the purchase or acquisition in the area of any urban or county health district, borough, or county borough, of any house or houses occupied either wholly or partially by thirty or more persons belonging to the working class as tenants or lodgers unless and until the corporation shall have—

(a) obtained the approval of the Minister for Local Government and Public Health to a scheme for providing new dwellings for the persons residing in such houses, or for such number or proportion of such persons as the Minister for Local Government and Public Health shall, after enquiry, deem necessary, having regard to the number of persons residing in the houses liable to be taken, and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of the houses liable to be taken, or to the place of employment of such persons, and all the other circumstances of the case;

(b) given security to the satisfaction of the Minister for Local Government and Public Health for the carrying out of the scheme.

(2) The corporation in the event of their not complying with the provisions of this section, or of any scheme made thereunder and approved by the Minister for Local Government and Public Health, shall be liable to a penalty of not exceeding twenty pounds for every house acquired, or appropriated under this Act without complying with the provisions of this section. Such penalties shall be recoverable at the instance of the Attorney-General on behalf of the Minister for Local Government and Public Health in any competent court.

(3) The corporation shall for the purpose of complying with this section, or any scheme made hereunder and approved by the Minister for Local Government and Public Health, have in any urban or county health district the same powers as they have within the county borough of Dublin under the Housing of the Working Classes Acts, 1890 to 1931, and Housing (Financial and Miscellaneous Provisions) Act, 1932 , for the provision of dwellinghouses for the persons entitled to be provided with houses under those Acts.

(4) The expenses of complying with this section shall be defrayed out of the municipal fund and municipal rate.

(5) The expenses of the Minister for Local Government and Public Health incurred under this section shall be paid to him out of the municipal fund and municipal rate.

(6) In this section the expression “house” means any house, or part of a house, occupied as a separate dwelling; the expression “working class” means mechanics, artisans, labourers and others working for wages, hawkers, coster-mongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons other than domestic workers whose income does not exceed an average of sixty shillings a week, and the families of such persons who may be residing with them.