S.I. No. 91/1960 - Housing (Gaeltacht) (Finance) Regulations, 1960.

S.I. No. 91 of 1960.

HOUSING (GAELTACHT) (FINANCE) REGULATIONS, 1960.

The Minister for Finance, in exercise of the powers conferred on him by section 8 of the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), as amended by subsection (2) of section 3 of the Housing (Gaeltacht) (Amendment) Act, 1953 (No. 6 of 1953), and subsection (4) of section 5 of the Housing (Gaeltacht) (Amendment) Act, 1959 (No. 16 of 1959), hereby makes the following regulations :—

1. These Regulations may be cited as the Housing (Gaeltacht) (Finance) Regulations, 1960.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations :—

" the Act of 1929 " means the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), as amended by subsequent enactments ;

" authorised officer " means an officer appointed under Article 5 of these Regulations by the Minister for the Gaeltacht to be an authorised officer for the purpose of these Regulations ;

" the Commissioners " means the Commissioners of Public Works in Ireland ;

" loan " means a loan made under the Act of 1929 ;

" the Minister " means the Minister for Finance.

4. The Housing (Gaeltacht) (Finance) Regulations, 1931 ( S. R. & O. No. 42 of 1931 ), shall not apply to loans made after the commencement of these Regulations but shall continue to apply to loans made before the commencement of these Regulations.

5. The Minister for the Gaeltacht shall prepare, with the approval of the Minister, a panel of officers of the Minister for the Gaeltacht, and the Minister for the Gaeltacht may appoint any officer whose name is for the time being on such panel to be an authorised officer for the purpose of these Regulations and may at any time revoke any such appointment.

6. Whenever the Minister for the Gaeltacht issues under Section 8 of the Act of 1929 a certificate that a loan may be made to a person, an authorised officer shall decide such matters in relation to the loan as are under these Regulations to be decided by an authorised officer and shall inform the Commissioners in writing of his decision.

7. A loan in amplification of a building grant, an improving grant, a special extension grant or a holiday chalet building grant or a loan under subsection (1A) of section 8 of the Act of 1929 may be issued in one or two instalments as an authorised officer shall in each case decide.

8. No loan or instalment of a loan shall be issued unless the Commissioners have received a certificate from an authorised officer to the effect—

(a) that the work or a proportion of the work of such value as he considers sufficient to justify the issue of the loan or the instalment, as the case may be, has been completed to his satisfaction, the value of the work executed at any time being taken as the value as certified by an authorised officer, and

(b) that, in the opinion of the authorised officer, the borrower will be able to repay the proposed loan and that his house and the holding (if any) will be sufficient security for such repayment.

9.—(1) In this Article, " grant " means a grant being—

(a) a building grant,

(b) an improving grant,

(c) a special extension grant, or

(d) a holiday chalet building grant.

(2) Where a loan in amplification of a grant is issued in two instalments—

(a) if the grant is paid in a single instalment—the first instalment of the loan may be issued concurrently with the payment of the grant, but not earlier ;

(b) if the grant is paid in two instalments—the first instalment of the loan may be issued concurrently with the payment of the first instalment of the grant, but not earlier ;

(c) if the grant is paid in three instalments—the first instalment of the loan may be issued concurrently with the payment of the second instalment of the grant, but not earlier.

10. If work in respect of which the Minister for the Gaeltacht has issued to the Commissioners a certificate that a loan may be granted is not completed in the time (if any) limited by the Minister for the Gaeltacht for the completion of such work or such reasonable extension of such time as he may grant or, if no time be so limited, within a time which in the opinion of the Minister is reasonable for the completion of such work, the Minister may direct that the amount of the second or of the only instalment of such loan shall be withheld or shall be reduced by such amount as he may determine or, if a first instalment has been issued, that the person to whom it was issued may be required to repay forthwith the full amount so issued to the Commissioners and upon being so required he shall become liable to the repayment of the full amount forthwith notwithstanding any condition to the contrary on which such first instalment may have been issued.

11. Every charging order made by the Commissioners shall be in the form set out in the Schedule to these Regulations.

12. Every loan in amplification of a building grant shall be repaid over such period (not exceeding thirty-five years) and in such manner and at such rate of interest as the Minister shall from time to time direct.

13. Every loan in amplification of an improving grant or a special extension grant shall be repaid over such period (not exceeding fifteen years) and in such manner and at such rate of interest as the Minister shall from time to time direct.

14. A loan in amplification of a holiday chalet building grant or a loan under subsection (1A) of section 8 of the Act of 1929 shall be repaid over such period (not exceeding ten years) and in such manner and at such rate of interest as the Minister shall from time to time direct.

15. If, before the issue of the second instalment of a loan which is issued in two instalments, default is made in the payment of interest on the first instalment of such loan or, where the said first instalment is repayable by means of a terminable annuity, in the payment of any gale of that terminable annuity or, where the said first instalment is repayable by means of instalments (each of which is referred to in this Article as a repayment instalment), in the payment of any repayment instalment, then, the Commissioners may, at their discretion, either—

(a) deduct the amount of such interest or gale of annuity or repayment instalment so unpaid from the second instalment of the loan, or

(b) serve on the borrower a notice that, unless all sums due, whether for interest or on account of the terminable annuity or any repayment instalment on or in respect of the said first instalment of the loan, are paid within fourteen days, such first instalment of such loan is called in by such notice and the issue of the second instalment of such loan is cancelled.

16. If, after the issue of a loan which is issued in one instalment, default is made in the payment of any interest on such loan or, where the loan is repayable by means of a terminable annuity, in the payment of any gale of that terminable annuity, or where the loan is repayable by means of instalments (each of which is in this Article referred to as a repayment instalment), in the payment of any repayment instalment, the Commissioners may serve on the borrower a notice that, unless all sums due, whether for interest or on account of the terminable annuity or any repayment instalment on or in respect of such loan, are paid within fourteen days, the whole of such loan is called in by such notice.

17. If, after the issue of the second instalment of a loan which is issued in two instalments, default is made in the payment of intereston either of those instalments or, where either of those instalments is repayable by means of a terminable annuity, in the payment of any gale of that terminable annuity, or, where either of those instalments is repayable by instalments (each of which is in this Article referred to as a repayment instalment), in the payment of any repayment instalment, the Commissioners may serve on the borrower a notice that, unless all sums due, whether for interest or on account of the terminable annuity or any repayment instalment on or in respect of either instalment of the loan, are paid within fourteen days, the whole of such loan is called in by such notice.

18. Whenever a loan or an instalment of a loan is called in by a notice served under Article 15, 16 or 17 of these Regulations, the whole of the balance then unpaid (as the case may be) of the loan or the instalment so called in shall be payable forthwith with interest thereon until paid.

19. If there is a breach of any condition relating to the purpose for which a loan should be applied or to the use, removal or disposal of the building towards the cost of which a loan or an instalment of a loan was issued, the whole outstanding balance of the loan shall become payable forthwith together with interest thereon until repaid.

20. Whenever a loan has been repaid to the Commissioners, the Commissioners shall issue to the borrower a certificate that the loan has been repaid.

SCHEDULE.

HOUSING (GAELTACHT) ACTS, 1929 TO 1959.

CHARGING ORDER.

WHEREAS under the provisions of the Housing (Gaeltacht) Acts, 1929 to 1959 (hereinafter referred to as the said Acts), the Minister for the Gaeltacht has issued to US the Commissioners of Public Works in Ireland (hereinafter referred to as the Commissioners) a certificate certifying that a loan of...............pounds may be granted under the said Acts to ............................................................ ..........................................

of............................................................ ............................................................ ....................................................

In the County of............................................................ ............................................................ ..........................

towards the cost of............................................................ ............................................................ .....................

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

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

on the holding (hereinafter referred to as the said holding) in the occupation of the said ............................................................ ................................. the descriptive particulars of which are set forth in the Schedule hereunto annexed :

NOW WE the Commissioners in pursuance of the power and authority vested in US by the said Acts by this OUR ORDER DO ORDER and DECLARE that a loan of............... pounds shall be made and issued to the said........................ subject to the provisions of the said Acts and in accordance with the Regulations made thereunder by the Minister for Finance.

AND WE DO FURTHER ORDER that the said loan of ............... pounds and interest thereon at the rate of ............... pounds per cent. shall be and is hereby charged on the said holding.

IN WITNESS WHEREOF We the Commissioners have hereunto and to a Duplicate hereof caused our Common Seal to be affixed this ............... day of .............................. One Thousand Nine Hundred and ...........................

THE SCHEDULE TO WHICH THE FOREGOING CHARGING ORDER REFERS.

Descriptive particulars of the holding charged by the foregoing Charging Order.

GIVEN under the Official Seal of the Minister for Finance, this 28th day of April, 1960.

SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations specify conditions under which loans may be made from the Local Loans Fund towards the cost of the erection or improvement of houses in Gaeltacht areas, including loans towards the cost of the provision of additional rooms or holiday chalets for visitors.