S.I. No. 230/1958 - Housing of the Working Classes Acts (Forms) Order, 1958

S.I. No. 230 of 1958.

HOUSING OF THE WORKING CLASSES ACTS (FORMS) ORDER, 1958

The Minister for Local Government in exercise of the powers conferred on him by section 45 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), and section 24 of the Housing (Amendment) Act, 1958 (No. 37 of 1958), hereby makes the following regulations:—

1. These Regulations may be cited as the Housing of the Working Classes Acts (Forms) Order, 1958.

2. The Interpretation Act, 1937 , applies to these Regulations.

3. The forms set out in the Schedule hereto, or forms substantially to the like effect, shall be used in all cases to which they are respectively expressed to be applicable where a local authority propose, for the purposes of Part III of the Housing of the Working Classes Act, 1890 to purchase compulsorily land which comprises or consists of a dwellinghouse within the meaning of section 24 of the Housing (Amendment) Act, 1958 which dwellinghouse is, in the opinion of the local authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, and such dwellinghouse shall be described in the compulsory purchase order made in respect of such land in the manner set out in the form of compulsory purchase order contained in the Schedule hereto.

SCHEDULE

FORM NO. 1

Compulsory Purchase Order for the purposes of Part III of the Housing of the Working Classes Act, 1890, in respect of land which comprises/consists of a dwellinghouse(s) within the meaning of section 24 of the Housing (Amendment) Act, 1958 which is/are, in the opinion of the local authority unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

The Housing of the Working Classes Acts, 1890-1958

WHEREAS the (hereinafter referred to as the ) propose for the purposes of Part III of the Housing of the Working Classes Act, 1890, to purchase compulsorily the land hereinafter described:

AND WHEREAS pursuant to section 24 of the Housing (Amendment) Act, 1958 the

(a) are of the opinion that such land comprises/consists of a dwelling, house(s) unfit for human habitation and not capable of being rendered fit at reasonable expense, and

(b) have caused such dwellinghouse(s) to be coloured pink on the map referred to in this Order.

NOW THEREFORE the hereby make the following order:—

1. Subject to the provision of this order the

are hereby authorised to purchase compulsorily for the purposes of Part III of the Housing of the Working Classes Act, 1890, the lands described in the Schedule hereto and shown on a map marked

and sealed with the Common Seal of the

and deposited at the offices of the

(hereinafter referred to as the "deposited map").

2. (a) The land specified in Part I of the Schedule and coloured pink on the deposited map consists of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

(b) The land specified in Part II of the Schedule and coloured grey on the deposited map is land which does not consist of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

3. 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 1958;

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925

as modified by the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 , and section 24 of the Housing (Amendment) Act, 1958 , 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.

4. This Order may be cited as the

Order, 19—.

Schedule above referred to

PART I

Lands consisting of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

No. on map de posited at the offices of the

Quantity, Description and Situation of the Lands

Owners or Reputed Owners

Lessees or Reputed Lessees

Occupiers other than tenants for a month or less period than a month

PART II

Land which does not consist of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

No. on map de posited at the offices of the

Quantity, Description and Situation of the Lands

Owners or Reputed Owners

Lessees or Reputed Lessees

Occupiers other than tenants for a month or less period than a month

GIVEN under the Seal of the

this day of 19—.

FORM NO. 2.

Advertisement of a compulsory purchase order in respect of land which comprises/consists of a dwellinghouse(s) within the meaning of section 24 of the Housing (Amendment) Act, 1958 , unfit for human habitation and not capable of being rendered fit at reasonable expense.

The Housing of the Working Classes Act, 1890 to 1958

Notice is hereby given that the in pursuance of the powers vested in them by Part III of the Housing of the Working Classes Act, 1890, and section 24 of the Housing (Amendment) Act, 1958 , on the day of 19—, made an order which will be submitted for confirmation by the Minister for Local Government authorising the said to purchase compulsorily for the purposes of Part III of the Housing of the Working Classes Act, 1890, the land described in the schedule hereto, which land comprises/consists of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

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

(Inspection of the order and map will show the land proposed to be acquired and the dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.)

Schedule

(One of the forms (a), (b) or (c) should be used as may be convenient.)

(a) A description of the land as set out in the Order

(b) The area to which the order relates is bounded as follows

On the North by

On the South by

On the East by

On the West by

Dated this day of 19—

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

Town Clerk

FORM NO. 3

Notice to owners, lessees and occupiers of the making of a compulsory purchase order in respect of land which comprises/consists of a dwellinghouse(s) within the meaning of section 24 of the Housing (Amendment) Act, 1958 , unfit for human habitation and not capable of being rendered fit at reasonable expense.

Housing of the Working Classes Acts 1890 to 1958

To	{	Owner
	{	Lessee
of	Occupier

Take notice that the in pursuance of the powers vested in them by Part III of the Housing of the Working Classes Act, 1890 and section 24 of the Housing (Amendment) Act, 1958 on the day of 19— made an order which is about to be submitted for confirmation by the Minister for Local Government authorising the said to purchase compulsorily for the purposes of Part III of the Housing of the Working Classes Act, 1890, the land described in the schedule hereto. A copy of the said order and of the map referred to therein have been desposited at and may be seen at all reasonable hours.

The land to which the said Order relates comprises/consists of a dwellinghouse(s) which in the opinion of the local authority is/are unfit for human habitation and not capable of being rendered fit at reasonable expense. An inspection of the Order and map will show the land proposed to be acquired and the dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense. Any objection to this order must state in writing the grounds of objection and be sent addressed to the Minister for Local Government, Custom House, Dublin, so as to reach the said Minister before the day of 19—.

The said Acts provide that (a) if no objection is duly made by any person upon whom notices are required to be served or if all objections 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 payable in respect of the acquisition objected to is to be assessed, the Minister, if he thinks fit may confirm the Order with or without modification; (b) where objection is duly made and not withdrawn, the Minister, if he so thinks fit may refuse to confirm the order, without causing to be held a public local inquiry into the objection: and (c) in any other case the Minister before confirming the order shall 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.

The following paragraphs to be inserted in notices to owners, lessees and occupiers of a dwellinghouse unfit for human habitation and not capable of being rendered fit at reasonable expense.

As (portion of) the land of which you are owner/lessee/occupier consists of a dwellinghouse(s) which is/are in the opinion of the local authority unfit for human habitation and not capable of being rendered fit at reasonable expense the compensation which will be payable for such dwellinghouse(s) if the order is confirmed by the Minister will be the value at the time the valuation is made of the land as a site cleared of such unfit dwellinghouse(s) and available for development, in accordance with the building byelaws for the time being in force in the district less such sum as shall be estimated to be the cost of clearing and levelling such land.

Any local inquiry directed by the Minister in connection with this order will consider whether the dwellinghouse(s) ought to have been described as unfit for human habitation and not capable of being rendered fit at reasonable expense. If the Minister is of opinion that a dwellinghouse described by a local authority as unfit for human habitation and not capable of being rendered fit at reasonable expense ought not to have been so described, he is required to modify the order so as to exclude the dwellinghouse for all purposes from the order unless he is of opinion that such dwellinghouse may properly be purchased by the authority in which case he is required further to modify the order so as to authorise the local authority to purchase the dwellinghouse and to pay compensation therefor, assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , and as modified by Part II of the Third Schedule of the Housing (Miscellaneous Provisions) Act, 1931 .

The following paragraph to be inserted in notices to owners, lessees and occupiers of land not consisting of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

As (portion of) the land of which you are owner/lessee/occupier does not consist of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense, compensation, if the order is confirmed by the Minister, will be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , and as modified by Part II of the Third Schedule of the Housing (Miscellaneous Provisions) Act, 1931 .

Schedule

(One of the forms (a), (b) or (c) should be used as may be convenient.)

(a) A description of the land as set out in the order.

(b) The area to which the order relates is bounded as follows:—

On the North by

On the South by

On the East by

On the West by

Dated this day of 19—.

____________________________

Town Clerk

FORM NO. 4

Advertisement of Compulsory Purchase Order confirmed by the Minister in respect of land which comprises/consists of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

The Housing of the Working Classes Acts, 1890 to 1958

Order.

Notice is hereby given that the Minister for Local Government in pursuance of the powers vested in him by section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and section 24 of the Housing (Amendment) Act, 1958 , on the day of 19—, confirmed (with modifications) an Order submitted to him by the (hereinafter called the ) authorising the to purchase compulsorily for the purposes of Part III of the Housing of the Working Classes Act, 1890, the land described in the Schedule hereto, which land comprises/consists of a dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

A copy of the order and of the map referred to therein have been deposited at and may be seen at all reasonable hours. (An inspection of the order and the map will show the land proposed to be acquired and the dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.)

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, 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, may quash the order either generally or in so far as it affects any property of the applicant.

Schedule

(One of the forms (a), (b) or (c) should be used as may be convenient.)

(a) A description of the land as set out in the order

(b) The area to which the order relates is bounded as follows:—

On the North by

On the South by

On the East by

On the West by

Dated this day of 19—

____________________________

Town Clerk

GIVEN under the Official Seal of the Minister for Local Government this eighteenth day of November, One Thousand Nine Hundred and Fifty-eight.

NEIL T. BLANEY

Minister for Local Government

EXPLANATORY NOTE

The effect of these regulations is to prescribe the forms to be used where a local authority propose for the purposes of Part III of the Housing of the Working Classes Act, 1890, to purchase compulsorily land which comprises or consists of a dwellinghouse within the meaning of section 24 of the Housing (Amendment) Act, 1958 , which dwellinghouse is, in the opinion of the local authority, unfit for human habitation and not capable of being rendered fit at reasonable expense, and the manner in which such a dwellinghouse is to be described in the compulsory purchase order made in respect of such land.