Housing Amendment Act, 1948

Grant by housing authority of permission for purposes of section 11 of this Act.

12.—(1) A housing authority may, from time to time, grant or refuse permission for the purposes of section 11 of this Act.

(2) Where a housing authority grant permission under subsection (1) of this section (in this section referred to as the permission) they may attach all or any of the following conditions to the permission:—

(a) a condition as to the repair, alteration or reconditioning of the premises;

(b) a condition as to the number of dwellings which may be provided in the premises;

(c) a condition as to the maximum number of persons who may occupy each separate dwelling provided in the premises;

(d) a condition as to responsibility for maintenance of the premises.

(3) The permission shall commence on the date specified in that behalf therein and shall, unless previously withdrawn, continue in force for such period (not exceeding three years) as the housing authority may determine.

(4) A housing authority shall keep a record of the permissions granted under this section and such record shall be kept for inspection by any member of the public on payment by him of a fee of one shilling for each inspection.

(5) If a person, whether by act or omission, fails to comply with a condition attached to the permission granted to him, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a fine not exceeding five pounds for every day on which the offence is continued) or, at the discretion of the court, imprisonment for a term not exceeding six months or both such fine and imprisonment and the housing authority may withdraw the permission which they granted to him.

(6) A person aggrieved by the refusal of a housing authority to grant permission under subsection (1) of this section or by a condition attached to the permission may appeal to the Circuit Court, within one month after he has received notice from the housing authority of such refusal or of such condition (as the case may be), or such further time as the Court may allow, and the Court may—

(a) in the case of an appeal from a refusal to grant permission—dismiss the appeal or order the housing authority to grant permission;

(b) in the case of an appeal relating to a condition attached to the permission—dismiss the appeal or order the housing authority to modify or annul the condition.