S.I. No. 278/1966 - Housing Act, 1966 (Acquisition of Land) Regulations, 1966.

S.I. No. 278 of 1966.

HOUSING ACT, 1966 (ACQUISITION OF LAND) REGULATIONS, 1966.

The Minister for Local Government in exercise of the powers conferred on him by sections 5, 76, 78, 82 and 83 of and the Third Schedule to the Housing Act, 1966 (No. 21 of 1966) and section 10 of the Local Government (No. 2) Act, 1960 , as substituted by section 86 of the Housing Act, 1966 , hereby makes the following Regulations :—

1. These Regulations may be cited as the Housing Act, 1966 (Acquisition of Land) Regulations, 1966.

2.—(1) Forms No. 1, 2, 3, and 4 set out in the Schedule hereto, or forms substantially to the like effect, shall be the prescribed forms to be used for the purposes for which they are respectively expressed to relate where a housing authority propose to acquire land compulsorily for the purposes of the Housing Act, 1966 , by means of a compulsory purchase order made under section 76 of the said Act and the Third Schedule thereto.

(2) Form No. 5 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a housing authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1966 .

3.—(1) Where an order is made by a housing authority under section 83 of the Housing Act, 1966 , extinguishing any public right of way over any land acquired by them for the purposes of the said Act, the housing authority shall, before submitting the order to the Minister for Local Government for approval—

(a) publish in one or more newspapers circulating in their functional area a notice in Form No. 6 set out in the Schedule hereto, or a form substantially to the like effect, and

(b) affix a copy of such notice in a prominent position at each end of the public right of way to which the order relates.

(2) Every notice affixed in accordance with this article shall be kept exhibited in such position for a period of not less than three weeks.

(3) A copy of the order and a map indicating the public right of way described in the order shall be kept available for inspection in accordance with the terms of the published notice.

4.—(1) Forms No. 7, 8, 9 and 10 set out in the Schedule hereto, or forms substantially to the like effect, shall be the prescribed forms to be used for the purposes for which they are respectively expressed to relate where a local authority propose in accordance with the powers conferred upon them by section 10 of the Local Government (No. 2) Act, 1960 , as substituted by section 86 of the Housing Act, 1966 , to acquire land compulsorily by means of a compulsory purchase order made under section 76 of the Housing Act, 1966 , and the Third Schedule to the said Act.

(2) Form No. 11 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a local authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1966 , as applied by section 10 of the Local Government (No. 2) Act, 1960 , as substituted by section 86 of the Housing Act, 1966 .

5. Where a compulsory purchase order made by a housing authority or a local authority under section 76 of the Housing Act, 1966 , and the Third Schedule to the said Act, relates to land which includes a house within the meaning of section 75 of the Housing Act, 1966 , and the house is, in the opinion of the housing authority or the local authority (as the case may be), unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the house shall be described in the compulsory purchase order in the manner set out in sub-paragraph (1) of paragraph 2 of Form No. 1 and of Form No. 7 in the Schedule hereto.

6. Form No. 12 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of receipt to be given to a housing authority or a local authority for purchase money or compensation paid by the housing authority or local authority (as the case may be) pursuant to paragraph (a) or (b) of article 2 of the Third Schedule to the Housing Act, 1966 .

SCHEDULE

Form No. 1

FORM OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966

HOUSING ACT, 1966

WHEREAS the __________________________ ¹ (hereinafter referred to as " the housing authority ") propose for the purposes of the Housing Act, 1966 , to acquire compulsorily the land hereinafter described :

AND WHEREAS the said land includes (a) house(s)² and the said house(s) is/are, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense and such house(s) is/are coloured pink on the map referred to in this order :³

NOW THEREFORE it is hereby ordered that—

1. Subject to the provisions of this order the housing authority are hereby authorised to acquire compulsorily for the purposes of the Housing Act, 1966 , the land described in the Schedule hereto which land is shown on a map marked _________________⁴ and sealed with the seal of the housing authority and deposited at the offices of the housing authority (hereinafter referred to as " the deposited map ").

2. (1) The land described in Part I of the Schedule hereto and coloured pink on the deposited map consists of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.³

(2) The land described in Part II of the Schedule hereto and coloured grey on the deposited map is land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.³

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, and article 20 of the Second Schedule to the Housing of the Working Classes Act, 1890), and

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 ,

as modified by the Third Schedule to the Housing Act, 1966 , are hereby incorporated in this order and the provisions of those Acts shall apply accordingly.

4. This Order may be cited as __________________ Order, 19—.⁵

SCHEDULE

PART I

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

PART II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

The official seal of the housing authority was affixed hereto this ___________ day of ______________, 19____________________, in the presence of

______________________⁶

______________________ ⁶

_________________________

Manager.⁶

DIRECTIONS FOR COMPLETING THIS FORM

1. Insert full description of housing authority.

2. For definition of " house " see section 75 (d) of the Act.

3. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the second recital and sub-paragraph (1) of paragraph 2 of the order should be omitted, the Schedule should not be divided into parts and consequential changes should be made in the wording of the order.

4. Insert heading of map, which should be marked by a heading in the terms of the title of the order.

5. Insert suitable title.

6. The description of the persons in whose presence the seal is affixed should be stated e.g. " Lord Mayor ", " Chairman ", " Nominated Member " and " City Manager and Town Clerk ", " Manager ", etc.

Form No. 2

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE SAID ACT

COMPULSORY ACQUISITION OF LAND

__________________________ (title of order)

The ________________ (hereinafter referred to as " the housing authority ") in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto, have made an order entitled as above which is about to be submitted to the Minister for Local Government for confirmation. If confirmed, the order will authorise the housing authority to acquire compulsorily the land described in the Schedule hereto for the purposes of the Housing Act, 1966 .

A copy of the order and of the map referred to in it may be seen at all reasonable hours at   .

SCHEDULE

Dated this     day of    19 .

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

In the Schedule the land should be described as in the order or by reference to boundaries, e.g. " The land to which the order relates is bounded as follows, on the north by ......................................... on the south by ................ on the east by ............... and on the west by ......................" or " The area to which the order relates is bounded by a line drawn as follows :— ............................................"

Form No. 3

FORM OF NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 , TO BE SERVED ON OWNERS, LESSEES AND OCCUPIERS IN ACCORDANCE WITH ARTICLE 4 (b) OF THE THIRD SCHEDULE TO THE SAID ACT

COMPULSORY ACQUISITION OF LAND

__________________________________(title of order)

To________________________________

of _________________________________

The _____________________ (hereinafter referred to as " the housing authority ") in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 and the Third Schedule thereto, have made an order entitled as above which is about to be submitted to the Minister for Local Government for confirmation.

If confirmed, the order will authorise the housing authority to acquire compulsorily the land described in the Schedule to this notice for the purposes of the Housing Act, 1966 .

A copy of the order and of the map referred to in it may be seen at all reasonable hours at _________ .

Any objection to the order must state in writing the grounds of objection and be sent addressed to the Minister for Local Government, Customs House, Dublin, so as to reach the said Minister before the   day of      , 19 .

The Minister, if he thinks fit, may in one or more stages annul the compulsory purchase order or confirm the order, with or without modification.

The Minister may not, however, confirm the order in so far as it relates to any land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served until he has caused to be held a public local inquiry into the objection and until he has considered the objection and the report of the person who held the inquiry, unless :—

(a) the objection is withdrawn, or

(b) the Minister is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.

If land to which the order, as confirmed by the Minister, relates is acquired by the housing authority, compensation will be assessed (except in the case of a house unfit for human habitation and not capable of being rendered so fit at reasonable expense) in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 , subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

In the case of land consisting of a house unfit for human habitation and not capable of being rendered so fit at reasonable expense compensation will be assessed in accordance with Part I of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended and modified as aforesaid, as the value of the land at the time the relevant notice to treat is served as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963 , less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.

No part of the land in which you have an interest consists of a house or houses which is/are, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

The land/part of the land in which you have an interest consists of a house or houses which is/are, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

If the Minister is of the opinion that a house described in the order as being unfit for human habitation and not capable of being rendered so fit ought not to have been so described, he is required to annul the order in so far as it relates to the house or to modify it so as to authorise the housing authority to acquire the house and to pay compensation for it assessed in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the acquisition of Land (Assessment of Compensation) Act, 1919, as amended and modified as aforesaid.

Any questions of disputed compensation shall be referred to and be determined by a property arbitrator appointed under the Property Values (Arbitration and Appeals) Act, 1960.

A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the relevant notice to treat is served, send to the Secretary, the Reference Committee, Four Courts, Dublin, an application in writing for the nomination of a property arbitrator for the purpose of determining the compensation to be paid. The application should be made in accordance with the Property Values (Arbitrations and Appeals) Rules, 1961 ( S.I. No. 91 of 1961 ).

SCHEDULE

Dated this _______________day of ________19 .

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

1. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered so fit at reasonable expense the paragraphs relating to such house(s) should be omitted.

2. Where notice is being served on a person interested in land of which no part consists of a house considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the eighth, tenth and eleventh paragraphs should be omitted.

3. In the fourth paragraph, the date before which objections are to reach the Minister should be at least 21 days from the date of service of the notice.

4. In the Schedule the land should be described as in the Schedule to Form No. 2.

Form No. 4

FORM OF NOTICE OF THE CONFIRMATION BY THE MINISTER FOR LOCAL GOVERNMENT OF A COMPULSORY PURCHASE ORDER MADE FOR THE PURPOSES OF THE HOUSING ACT, 1966 , AS RESPECTS ALL/PART OF THE LAND TO WHICH THE COMPULSORY PURCHASE ORDER RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE SAID ACT

COMPULSORY ACQUISITION OF LAND

____________________________title of order)

The Minister for Local Government has, on the ______________day of _____________, 19___________, made a confirmation order confirming (with modifications) the above-named compulsory purchase order as respects the land described in the Schedule hereto. The said order, as so confirmed, authorises the ________________ (name of housing authority) to acquire the said land compulsorily for the purposes of the Housing Act, 1966 . A copy of the order as so confirmed and of the map referred to in it may be seen at all reasonable hours at _____________________________.

The order, as so confirmed will become operative at the expiration of twenty-one days after the date of publication of this notice but if an application is duly made to the High Court within that period by any person aggrieved by the compulsory purchase order, as so confirmed, and desirous of questioning the validity of the order, the court—

(a) may by interim order suspend the operation of the compulsory order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;

(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of the Housing Act, 1966 , 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 as so confirmed either generally or in so far only as it affects any property of the applicant.

SCHEDULE

Dated this_______________day of ________________19__________.

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

In the Schedule, the land to which the Minister's confirmation order relates should be described as in the Schedule to the compulsory purchase order or by reference to boundaries (as in Form No. 2).

Form No. 5

FORM OF VESTING ORDER

HOUSING ACT, 1966 —SECTION 81

___________________________(name of housing authority)

VESTING ORDER SERIAL NO. _______________ ¹

WHEREAS the land described in the Schedule hereto and shown on the map attached hereto which said map has been marked________________² and sealed with the seal of the ____________________³ (hereinafter referred to as " the housing authority ") is land to which the ______________________⁴ relates, and the said order has become operative in so far as it relates to the said land :

AND WHEREAS the housing authority have, at least six months prior to the date of this order, entered on and taken possession of the said land in accordance with the powers conferred upon them by section 80 of the Housing Act, 1966 :

AND WHEREAS—

(a) the several interests in the said land have not been conveyed or transferred to the housing authority,

(b) the housing authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the housing authority have made a proper offer in writing to each person having an interest in the said land who has furnished sufficient particulars of his interest to enable them to make a proper offer for such interest :

NOW THEREFORE the housing authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1966 , hereby order that the said land shall, on the __________________ day of ________________, 19________________,⁵ VEST in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way).

SCHEDULE⁶

The official seal of the housing authority was affixed hereto this __________________ day of _____________, 19________, in the presence of :—

_______________________ ⁷

_______________________ ⁷

____________________ ⁷

Manager

DIRECTIONS FOR COMPLETING THIS FORM

1. Vesting Orders should be numbered in serial order.

2. The map should be sealed and marked by a heading containing the name of the housing authority and a reference to the Vesting Order e.g. " Map referred to in Vesting Order Serial No. ______________ ".

3. Insert full description of housing authority.

4. Insert title of the relevant compulsory purchase order.

5. The vesting date must be not less than 21 days after the date of the Vesting Order.

6. The quantity, description and situation of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.

7. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).

Form No. 6

FORM OF NOTICE UNDER SECTION 83 (1) OF THE HOUSING ACT, 1966 , OF AN ORDER FOR THE EXTINGUISHMENT OF A PUBLIC RIGHT OF WAY OVER LAND ACQUIRED BY A HOUSING AUTHORITY FOR THE PURPOSES OF THE SAID ACT

EXTINGUISHMENT OF PUBLIC RIGHT OF WAY

The ______________ (hereinafter referred to as " the housing authority ") in exercise of the powers conferred upon them by section 83 of the Housing Act, 1966 , have on the ___________________ day of  , 19______________________, made an order which will be submitted to the Minister for Local Government for approval extinguishing the public right of way, described in the Schedule hereto, over land acquired by the housing authority for the purposes of the Housing Act, 1966 . The order will not become operative unless it has been approved by the said Minister.

A copy of the order and a map showing the public right of way may be inspected at all reasonable hours at ___________________.

Any objection to the said order should be made in writing addressed to the Minister for Local Government, Custom House, Dublin, within six weeks of the date of publication of this notice. If an objection to the order is made the Minister may not approve the order until he has caused to be held a public local inquiry.

SCHEDULE

(Insert here such description as may be sufficient to identify the public right of way to which the order relates).

Dated this _____________ day of ___________ 19____________.

County Secretary or Town Clerk.

Form No. 7

FORM OF COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 of THE LOCAL GOVERNMENT (NO. 2) ACT, 1960

LOCAL GOVERNMENT (No. 2) ACT, 1960

WHEREAS in pursuance of section 10 of the Local Government (No. 2) Act, 1960 , as substituted by section 86 of the Housing Act, 1966 , the __________________ ¹ (hereinafter referred to as " the local authority ") have decided to effect the acquisition of the land to which this order relates under the Housing Act, 1966 :

AND WHEREAS the said land includes (a) house(s)² and the said house(s) 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 and such house(s) is/are coloured pink on the map referred to in this order :³

NOW THEREFORE it is hereby ordered that—

1. Subject to the provisions of this order, the local authority are hereby authorised—

(a) to acquire compulsorily for the purposes of ___________________⁴ the land described in Part I and Part II of the Schedule hereto which land is shown on a map marked _________________⁵ and sealed with the seal of the local authority and deposited at the offices of the local authority (hereinafter referred to as " the deposited map "), and

(b) to extinguish the public right of way described in Part III of the Schedule hereto by order made after the acquisition of the land over which there is the said public right of way.⁶

2. (1) The land described in Part I of the Schedule hereto and coloured pink on the deposited map consists of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.³

(2) The land described in Part II of the Schedule hereto and coloured grey on the said map is land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.³

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, and article 20 of the Second Schedule to the Housing of the Working Classes Act, 1890), and

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 ,

as modified by the Third Schedule to the Housing Act, 1966 , 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________________.⁷

SCHEDULE

PART I

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

PART II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

PART III

Description of public right of way proposed to be extinguished.⁶

The official seal of the local authority was affixed hereto this __________________ day of ______________, 19_____________________, in the presence of :—

^{______________________________8}

^{______________________________8}

______________________________⁸

Manager

DIRECTIONS FOR COMPLETING THIS FORM

1. Insert full description of local authority.

2. For definition of " house " see section 75 (d) of the Housing Act, 1966 .

3. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the second recital and sub-paragraph (1) of paragraph 2 of the order should be omitted, the Schedule should not be divided into parts (save where provision is being made for the extinguishment of a public right of way, in which case the Schedule should be divided into two parts) and consequential changes should be made in the wording of the order.

4. The purposes for which the land is required should be fully and accurately stated.

5. Insert heading of map, which should be marked by a heading in the terms of the title of the order.

6. The reference to the extinguishment of the right of way should be omitted where not necessary.

7. Insert suitable title.

8. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).

Form No. 8

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 of THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966

COMPULSORY ACQUISITION OF LAND

______________________ (title of order)

The ________________________ (hereinafter referred to as " the local authority ") in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto, as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) have made an order entitled as above which is about to be submitted to the Minister for _________________ for confirmation. If confirmed, the order will authorise the local authority to acquire compulsorily the land described in the First Schedule hereto for the purposes of ____________.¹

The order will also authorise the local authority to extinguish the public right of way described in the Second Schedule hereto, by order made by them after they have acquired the land over which there is the said public right of way.²

It is provided that the Minister shall not confirm a compulsory purchase order which authorises the extinguishment of a public right of way until he has caused to be held a public local inquiry into the matter.²

A copy of the order and of the map referred to in it may be seen at all reasonable hours at ___________.

FIRST SCHEDULE³

SECOND SCHEDULE⁴

Dated this __________________ day of ______________ 19______________.

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

1. The purposes for which the land is required should be stated as in the Order.

2. References to the extinguishment of a public right of way and to the Second Schedule should be omitted if not applicable and consequential changes should be made in the wording of the notice.

3. In the First Schedule the land should be described as in the order or by reference to boundaries, e.g. " The land to which the order relates is bounded as follows, on the north by ................................., on the south by ...................................., on the east by ...................................., and on the west by............................... ", or " The area to which the order relates is bounded by a line drawn as follows...................................... ".

4. Insert here such description as may be sufficient to identify the public right of way.

Form No. 9

FORM OF NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 of THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , TO BE SERVED ON OWNERS, LESSEES AND OCCUPIERS IN ACCORDANCE WITH ARTICLE 4 (b) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966

COMPULSORY ACQUISITION OF LAND

_______________________ (title of order)

To ______________________

of _________________________

The _________________________ (hereinafter referred to as " the local authority ") in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto, as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) have made an order entitled as above which is about to be submitted to the Minister for __________________ for confirmation.

If confirmed, the order will authorise the local authority to acquire compulsorily the land described in the Schedule hereto for the purposes of _______________________.

A copy of the order and of the map referred to in it may be seen at all reasonable hours at _____________

Any objection to the order must state in writing the grounds of objection and be sent addressed to the Minister for _____________________ at _____________________ so as to reach the said Minister before the _________________ day of _________________, 19______________________.

The Minister, if he thinks fit, may in one or more stages annul the compulsory purchase order or confirm the order, with or without modification.

The Minister may not, however, confirm the order in so far as it relates to any land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served until he has caused to be held a public local inquiry into the objection and until he has considered the objection and the report of the person who held the inquiry unless :—

(a) the objection is withdrawn, or

(b) the Minister is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.

If land to which the order, as confirmed by the Minister, relates is acquired by the local authority, compensation will be assessed (except in the case of a house unfit for human habitation and not capable of being rendered so fit at reasonable expense) in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 , subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

In the case of land consisting of a house unfit for human habitation and not capable of being rendered so fit at reasonable expense, compensation will be assessed in accordance with Part I of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment ofCompensation) Act, 1919, as amended and modified as aforesaid, as the value of the land at the time the relevant notice to treat is served as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963 , less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.

No part of the land in which you have an interest consists of a house or houses 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 land/part of the land in which you have an interest consists of a house or houses 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.

If the Minister is of the opinion that a house described in the order as being unfit for human habitation and not capable of being rendered so fit ought not to have been so described, he is required to annul the order in so far as it relates to the house or to modify it so as to authorise the local authority to acquire the house and to pay compensation for it assessed in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended and modified as aforesaid.

Any question of disputed compensation shall be referred to and be determined by a property arbitrator appointed under the Property Values (Arbitrations and Appeals) Act, 1960 . A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the relevant notice to treat is served, send to the Secretary, the Reference Committee, Four Courts, Dublin, an application in writing for the nomination of a property arbitrator for the purpose of determining the compensation to be paid. The application should be made in accordance with the Property Values (Arbitrations and Appeals) Rules, 1961 ( S.I. No. 91 of 1961 ).

SCHEDULE

Dated this ______________ day of _____________ 19_________________.

_________________________________

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

1. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered so fit at reasonable expense the paragraphs relating to such house(s) should be omitted.

2. Where notice is being served on a person interested in land of which no part consists of a house considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the eighth, tenth and eleventh paragraphs should be omitted.

3. In the fourth paragraph, the date before which objections are to reach the Minister should be at least 21 days from the date of service of the notice.

4. In the Schedule the land should be described as in the Schedule to Form No. 8.

Form No. 10

FORM OF NOTICE OF THE CONFIRMATION BY THE APPROPRIATE MINISTER OF A COMPULSORY PURCHASE ORDER MADE UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 of THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , AS RESPECTS ALL OR PART OF THE LAND TO WHICH THE COMPULSORY PURCHASE ORDER RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE HOUSING ACT, 1966

COMPULSORY ACQUISITION OF LAND

_________________ (title of order).

The Minister for ______________ has, on the ________________ day of _________________, 19 , made a confirmation order confirming (with modifications) the above-named compulsory purchase order as respects the land described in the Schedule hereto. The said order, as so confirmed, authorises the   (name of local authority) to acquire the said land compulsorily. A copy of the order as so confirmed and of the map referred to in it may be seen at all reasonable hours at ______________________.

The order, as so confirmed, will become operative at the expiration of twenty-one days after the date of publication of this notice but if an application is duly made to the High Court within that period by any person aggrieved by the compulsory purchase order, as so confirmed, and desirous of questioning the validity of the order, the court—

(a) may by interim order suspend the operation of the compulsory purchase order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;

(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of the Housing Act, 1966 , as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) or that the interests of the applicant have been substantially prejudiced by any requirement of the Housing Act, 1966 , as so extended, not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.

SCHEDULE

Dated this _________________ day of _______________ 19__________________.

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

In the Schedule, the land to which the Minister's confirmation order relates should be described as set out in the Schedule to the compulsory purchase order or by reference to boundaries (as in Form No. 8).

Form No. 11

FORM OF VESTING ORDER

LOCAL GOVERNMENT (NO. 2) ACT, 1960 —SECTION 10 HOUSING ACT, 1966 —SECTION 81

____________________(name of local authority)

VESTING ORDER SERIAL NO.______________ ¹

WHEREAS the land described in the Schedule hereto and shown on the map attached hereto which said map has been marked____________² and sealed with the seal of the ____________³ (hereinafter referred to as " the local authority ") is land to which the ____________⁴ relates, and the said order has become operative in so far as it relates to the said land :

AND WHEREAS the local authority have, at least six months prior to the date of this order, entered on and taken possession of the said land in accordance with the powers conferred upon them by section 80 of the Housing Act, 1966 , as applied by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) :

AND WHEREAS—

(a) the several interests in the said land have not been conveyed or transferred to the local authority,

(b) the local authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the local authority have made a proper offer in writing to each person having an interest in the said land who has furnished sufficient particulars of his interest to enable them to make a proper offer for such interest :

NOW THEREFORE the local authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1966 , as applied by section 10 of the Local Government (No. 2) Act, 1960 , as substituted as aforesaid, hereby order that the said land shall, on the   day of   19 ,⁵ VEST in the local authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way).

SCHEDULE⁶

The official seal of the local authority was affixed hereto this _____________ day of _____________, 19_________________, in the presence of :—

^{______________________________7}

^{____________________________7}

^{________________________7}

Manager

DIRECTIONS FOR COMPLETING THIS FORM

1. Vesting Orders should be numbered in serial order.

2. The map should be sealed and marked by a heading containing the name of the local authority and a reference to the Vesting Order e.g. " Map referred to in Vesting Order Serial No. ___________________".

3. Insert full description of local authority.

4. Insert title of the relevant compulsory purchase order.

5. The vesting date must be not less than 21 days after the date of the Vesting Order.

6. The quantity, description and situation of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.

7. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).

Form No. 12

FORM OF RECEIPT TO BE GIVEN FOR PURCHASE MONEY OR COMPENSATION PAID PURSUANT TO PARAGRAPH (a) OR (b) OF ARTICLE 2 OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966

________________ Order, 19_________________.¹

RECEIPT FOR PURCHASE MONEY OR COMPENSATION

I, _____________________ of ___________________, being the ___________________² of the lands hereinafter mentioned, do hereby acknowledge that I have received from the ___________________³ the sum of ___________________ pounds ___________________ shillings and ___________________ pence, as the purchase money of or compensation for all my estate, right, title and interest in and to ALL THAT AND THOSE that parcel of land in ___________________⁴ containing ___________________ acres, ___________________ roods and ___________________ perches, or thereabouts, authorised to be acquired by the said ___________________³ under the provisions of the Housing Act, 1966 , and distinguished in the Schedule to the above order and on the map referred to therein as No. ___________________

Dated this ___________________ day of ___________________ 19___________________,

SIGNED BY THE SAID

___________________               ___________________

in the presence of                    (Signature)

Name of witness ___________________

Address ___________________

Occupation ___________________

DIRECTIONS FOR COMPLETING THIS FORM

1. Insert title of relevant compulsory purchase order.

2. Insert description by reference to interest held in land affected e.g. owner, limited owner, mortgage, etc.

3. Insert full description of housing authority or local authority.

4. Insert description and situation of land.

GIVEN under the Official Seal of the Minister for Local Government this twenty-third day of December, 1966.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Local Government.

EXPLANATORY NOTE.

The effect of these regulations is to prescribe the forms to be used where a housing authority or a local authority propose to acquire land compulsorily under the provisions of the Housing Act, 1966 , or under the said provisions as applied by section 10 of the Local Government (No. 2) Act, 1960 , which section has been amended by section 86 of the Housing Act, 1966 . The regulations also prescribe the form of vesting order to be used by a housing authority or a local authority in exercise of their powers under section 81 of the Housing Act, 1966 , and the manner of publication of an order made by a housing authority under section 83 of the Act extinguishing a public right of way over land acquired by them.