S.I. No. 144/1943 - Housing of the Working Classes Acts (Forms) Order, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 144.

HOUSING OF THE WORKING CLASSES ACTS (FORMS) ORDER, 1943.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

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

1. This Order may be cited as the Housing of the Working Classes Acts (Forms) Order, 1943, and shall be read and construed as one with the Housing of the Working Classes Acts (Forms) Order, 1932, and the Housing of the Working Classes Acts (Forms) (Amendment) Order, 1933, and may be cited collectively therewith as the Housing of the Working Classes Acts (Forms) Orders, 1932 to 1943.

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 section 11 of the Housing (Miscellaneous Provisions) Act, 1931 , in the cases to which these forms are respectively expressed to be applicable.

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Fourteenth day of April, One Thousand Nine Hundred and Forty-three.

(Signed) SEÁN MacENTEE,

Minister for Local Government and Public Health.

SCHEDULE.

FORM NO. 1.

FORM OF COMPULSORY PURCHASE ORDER IN RESPECT OF LAND WHICH HAS BEEN CLEARED OF BUILDINGS IN ACCORDANCE WITH A CLEARANCE ORDER.

Housing (Miscellaneous Provisions) Act, 1931, and the Housing (Financial and Miscellaneous Provisions) Act, 1932.

WHEREAS in pursuance of Part II of the Housing (Miscellaneous Provisions) Act, 1931 (hereinafter referred to as " the Act of 1931 ") as amended by the Housing (Financial and Miscellaneous Provisions) Act, 1932 , the ¹............................................................  (hereinafter referred to as ³ ............................................................ .........) on the ...... day of ..................... 19..., made a Clearance Order ordering the demolition of the buildings therein described, being the buildings in a certain area in their district known as the ........................ Clearance Area :

AND WHEREAS the said clearance order was confirmed (without modification) (with certain modifications) by the Minister for Local Government and Public Health by order under his official seal bearing date the ...... day of ....................., 19 :

AND WHEREAS by virtue of the provisions of Section 17 of the Act of 1931, as amended as aforesaid, the said clearance order became operative on the ...... day of ..........................., 19...:

AND WHEREAS in pursuance of section 11 of the Act of 1931, and the County Management Act, 1940 , the ²............................................................ ...... did by signed order of the Manager dated the ...... day of ..........................., 19..., determine to purchase the lands hereinafter described, as being lands which had been cleared of buildings in accordance with the said clearance order and which at the said date had not been, or were not in process of being, used for building purposes, or otherwise developed by the owner(s) thereof in accordance with the provisions of Part II of the Act of 1931 :

NOW THEREFORE, the ²............................................................ ......... hereby makes the following Order :—

1. Subject to the provisions of this Order the ²............................................................ ......... are hereby authorised to purchase compulsorily for the purposes of Part II of the Act of 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 ²........................................and deposited at the offices of the ²............................................................ .........

2. 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, and

(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 II of the Second Schedule to the Act of 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.

3. This Order may be cited as the ⁴.................................... Order, 19——.

The Schedule above referred to.

Given under the Seal of the ¹.............................. this ...... day of ........................... 19——, in the presence of :—

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

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

DIRECTIONS FOR FILLING UP THIS FORM.

¹ Here insert description of the local authority.

² Here insert short reference to local authority.

³ The map should be identified by a heading in the terms of the short title of this Order.

⁴ Here insert a suitable short title.

FORM NO. 2.

FORM OF NOTICE TO OWNERS, LESSEES AND OCCUPIERS OF THE MAKING OF A COMPULSORY PURCHASE ORDER IN RESPECT OF LAND WHICH HAS BEEN CLEARED OF BUILDINGS IN ACCORDANCE WITH A CLEARANCE ORDER.

Housing (Miscellaneous Provisions) Act, 1931, and the Housing (Financial and Miscellaneous Provisions) Act, 1932.

TAKE NOTICE that the ³.................................... (hereinafter referred to as the ⁴....................................) in pursuance of section 11 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 the ⁴.................................... to purchase compulsorily for the purposes of Part II of the said Act the lands described in the Schedule hereto.

THE LANDS included in the Order are lands which the ⁴.................................... by signed order of the Manager dated the ...... day of ......................., determined to purchase as being lands which have been cleared of buildings in accordance with the ⁵...................................., and which at the date of the said signed order had not been, or were not in process of being, used for building purposes or otherwise developed in accordance with the provisions of the said Act.

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

Any objection to the 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 said Act provides that if no objection is duly made by any persons upon whom notices are required to be served, or if all objections so made 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 said Minister may if he thinks fit confirm the Order with or without modification ; but in any other case he shallbefore 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.......

(Signed)  ..........................................

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

DIRECTIONS FOR FILLING UP THIS FORM.

¹Name, address and description.

²Description of property.

³Description of local authority.

⁴Short reference to local authority.

⁵Short title of Clearance Order referred to.

*Here insert date 14 clear days from the service of notice.

FORM NO. 3.

FORM OF ADVERTISEMENT OF A COMPULSORY PURCHASE ORDER IN RESPECT OF LAND WHICH HAS BEEN CLEARED OF BUILDINGS IN ACCORDANCE WITH A CLEARANCE ORDER.

Housing (Miscellaneous Provisions) Act, 1931, and the Housing (Financial and Miscellaneous Provisions) Act, 1932.

NOTICE is hereby given that the ¹.......................................................... in pursuance of their powers under section 11 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 the said ...........................to purchase compulsorily for the purposes of Part II of the said Act, the lands described in the Schedule hereto, being lands which the said ...........................by signed order of the Manager dated the ...... day of ..........................., 19......, determined to purchase as being lands which had been cleared of buildings in accordance with the ²............................................................ ..........................., and which at the date of the said signed order hadnot been or were not in process of being, used for building purposes or otherwise developed in accordance with the provisions of the said Act.

Copies of the Order and of the map referred to therein 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.......

(Signed)  ..........................................

¹Description of the local authority.

²Insert short title of the Clearance Order referred to.

FORM NO. 4.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH IN RESPECT OF LAND WHICH HAS BEEN CLEARED OF BUILDINGS IN ACCORDANCE WITH A CLEARANCE ORDER.

Housing (Miscellaneous Provisions) Act, 1931, and the Housing (Financial and Miscellaneous Provisions) Act, 1932.

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 , as amended by the Housing (Financial and Miscellaneous Provisions) Act, 1932 , on the ...... day of ..........................., 19..., confirmed (without modification) (with modifications) an Order submitted to him by ¹................................................... (hereinafter referred to as the ²............................................................ ............ ......................) authorising the ²............................................................ ............ to purchase compulsorily for the purposes of Part II of the Housing (Miscellaneous Provisions) Act, 1931 , the lands described in the Schedule hereto as being lands which have been cleared of buildings in accordance with the ³.................................... and which at the date of the signed order of the Manager for the ²............................................................ ............ determining to purchase the said lands, had not been, or were not in process of being, used for building purposes or otherwise developed in accordance with the provisionsof Part II of the said Housing (Miscellaneous Provisions) Act, 1931 .

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

The Order will become operative at the expiration of three 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.

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

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

(Signed) ..............................................

¹Insert description of local authority.

²Insert short reference to local authority.

³Insert title of Clearance Order referred to.