Small Dwellings Acquisition Act, 1957

Application to Commissioner of Valuation in certain cases.

2.—(1) In this section—

“the Commissioner” means the Commissioner of Valuation;

“the prescribed fee” means such fee as may be appropriate in accordance with a scale of fees prescribed for the purposes of this section by regulations made by the Minister for Finance after consultation with the Minister for Local Government.

(2) Where an amount has been indicated to a person by a local authority under paragraph (a) of section 32 of the Housing (Amendment) Act, 1950 , (No. 25 of 1950), as amended by section 1 of this Act, and that person contends that a greater amount might properly have been indicated, that person may, on payment of the prescribed fee, submit his contention for consideration by the Commissioner.

(3) The Commissioner, after consideration of a contention submitted under subsection (2) of this section and after making such inquiries as he considers necessary, shall state whether or not he considers that the contention is well founded and, if he considers that it is well founded, the amount which he considers might properly have been indicated by the local authority.

(4) A statement by the Commissioner under subsection (3) of this section shall not affect the discretion of the local authority with respect to the advance or the amount thereof.

(5) The Public Offices Fees Act, 1879, shall not apply in respect of fees under this section, and all such fees shall be collected or taken in such manner as the Minister for Finance directs from time to time and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.

(6) Any expenses incurred by the Minister for Finance in giving effect to this section shall be paid out of moneys provided by the Oireachtas.

(7) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.