S.I. No. 434/1998 - Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1998

S.I. No. 434 of 1998.

HOUSING ACT, 1966 (ACQUISITION OF LAND) (AMENDMENT) REGULATIONS, 1998

The Minister for the Environment and Local Government in exercise of the powers conferred on him by section 5 and section 78 of the Housing Act, 1966 (No. 21 of 1966) hereby makes the following regulations:—

1. These Regulations may be cited as the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1998.

2. Article 4 (1) of the Housing Act, 1966 (Acquisition of Land) Regulations, 1966 is hereby amended by the addition of the following after "and the Third Schedule to the said Act."

"Where a local authority propose to acquire land compulsorily in accordance with the powers conferred on them by section 52 of the Roads Act, 1993 , as amended by section 5 of the Roads (Amendment) Act, 1998 , Form 13 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form."

3. The Schedule to the Housing Act, 1966 (Acquisition of Land) Regulations, 1966 is amended by the insertion of Form No. 13, set out in the Schedule to these Regulations, after Form No. 12.

SCHEDULE

Form No. 13

FORM OF NOTICE OF THE APPROVAL BY THE APPROPRIATE MINISTER, UNDER S49 OF THE ROADS ACT, 1993 , OF A MOTORWAY SCHEME MADE UNDER S47 OF THE ROADS ACT, 1993 AS RESPECTS ALL OR PART OF THE LAND ETC. TO WHICH THE MOTORWAY SCHEME RELATES TO BE PUBLISHED IN ACCORDANCE WITH S78 (1) OF THE HOUSING ACT 1966 .

Compulsory Acquisition of Land etc.

_______________________________ (name of Motorway Scheme)

The Minister for the Environment and Local Government has by order dated the ________ (date of order approving the Motorway Scheme) under S 49(3) of the Roads Act, 1993 , approved (specify "with modifications" if that is the case) ________________________ 's (name of local authority) ____________________ (name of motorway scheme) and under S 52 (1) of the Roads Act, 1993  ________________________ (name of local authority) are authorised to compulsorily acquire any land or any substratum of land or any rights in relation to land specified in the scheme as approved. A copy of the scheme as approved may be seen at ..........between and

The Scheme as approved shall come into operation

(a) in case an application for leave to apply for judicial review relating thereto has not be made, upon the expiration of

(i) the period of two months from the date on which the decision under S. 49 (3) of the Roads Act, 1993 was first published

(ii) such period as extended by the High Court or Supreme Court

(b) in case such an application has been made, and has not been withdrawn, insofar as it has not been declared invalid or quashed pursuant to that review, upon the final determination of the proceedings concerned or such other date as may be determined in those proceedings, and in case such an application has been made and is withdrawn, upon the date of the withdrawal.

Any person wishing to question the validity of the order must do so by means of an application for leave to apply for judicial review under Order 84 of the Rules of the Superior Courts ( Statutory Instrument No. 15 of 1986 ) which must

(a) be made within the period of two months from the date on which the decision under S. 49 (3) of the Roads Act 1993 was first published, unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made and

(b) be made by motion on notice (grounded in the manner specified in Order 84 of the Rules of the Superior Courts in respect of an ex parte motion for leave) to the Minister for the Environment and Local Government and the local authority concerned

Such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the Minister's Order of ____________________ (date of order approving the Motorway Scheme) approving (specify "with modifications" if that is the case) 's (name of local authority) ___________________ (name of Motorway Scheme) is invalid or ought to be quashed.

Dated this ___________ day of _____________ 19 

County Secretary or Town Clerk

GIVEN under the Official Seal of the Minister for the Environment and Local Government on 10th day of November 1998.

NOEL DEMPSEY

Minister for the Environment and Local Government

EXPLANATORY NOTE

These Regulations insert an additional form to the schedule to the Housing Act, 1966 (Acquisition of Land) Regulations, 1966 consequent on the enactment of sections 5 and 6 of the Roads (Amendment) Act, 1998 .