Urban Renewal (Amendment) Act, 1987

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Number 16 of 1987


URBAN RENEWAL (AMENDMENT) ACT, 1987


ARRANGEMENT OF SECTIONS

Section

1.

The Principal Act.

2.

Custom House Docks Area: extension.

3.

Ordinary members of Authority.

4.

Duty of chairman of Authority.

5.

Acquisition of land compulsorily by Authority.

6.

Transfer of land from statutory body to Authority.

7.

Grants to Authority.

8.

Short title, construction and collective citation.


Acts Referred to

Dublin Port and Docks Act, 1869

1869, c. c

Finance Act, 1895

1895, c. 16

Housing Act, 1966

1966, No. 21

Urban Renewal Act, 1986

1986, No. 19

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Number 16 of 1987


URBAN RENEWAL (AMENDMENT) ACT, 1987.


AN ACT TO AMEND THE URBAN RENEWAL ACT, 1986 , AND TO PROVIDE FOR RELATED MATTERS. [22nd July, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

The Principal Act.

1.—In this Act, “the Principal Act” means the Urban Renewal Act, 1986 .

Custom House Docks Area: extension.

2.—(1) The Minister may by order, made with the consent of the Minister for Finance, extend the Custom House Docks Area to include land described in the order contiguous to the boundaries of the area and lying—

(a) between the southern boundary of the area and the centre of the River Liffey, or

(b) east of the area, between the centre line of Sheriff Street Upper and Sheriff Street Lower and the centre of the River Liffey.

(2) Where an order under this section is in force, every reference in the Principal Act or this Act to the Custom House Docks Area shall be construed as a reference to the area described in the Schedule to the Principal Act as extended by the order.

Ordinary members of Authority.

3.—The number of ordinary members of the Authority shall be seven and section 8 (2) of the Principal Act is amended accordingly by the substitution of “seven” for “four”.

Duty of chairman of Authority.

4.—It shall be the duty of the chairman of the Authority to ensure the efficient discharge of the business of the Authority.

Acquisition of land compulsorily by Authority.

5.—(1) The Authority may be authorised to acquire compulsorily land situated in the Custom House Docks Area (other than land to which section 6 applies) for the purpose of performing any of the functions assigned to it by or under the Principal Act by means of a compulsory purchase order made by the Authority and submitted to and confirmed by the Minister in accordance with section 76 of the Housing Act, 1966 , and the Third Schedule thereto.

(2) The provisions of the Housing Act, 1966 , shall apply in relation to the compulsory acquisition of land under subsection (1) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

(3) The Minister may by order make such provision as appears to him to be necessary to enable this section, or an order made under this section, to have full effect, including provision for the application, modification, adaptation or other amendment of any enactment.

Transfer of land from statutory body to Authority.

6.—(1) (a) Subject to paragraph (b), the Minister may, after consultation with the statutory body concerned and with the consent of the appropriate Minister and the Minister for Finance, by order transfer from a statutory body to the Authority land situated in the Custom House Docks Area together with all rights, powers and privileges relating to or connected with such land.

(b) The Minister shall not make an order under this section unless he is satisfied that use of the land to which the order, if made, will relate is not necessary for the performance of the functions of the statutory body concerned.

(2) Where an order is made under this section there shall be payable to the statutory body by the Authority consideration in respect of the transfer and such consideration shall be such as may be agreed between the statutory body and the Authority or, in default of such agreement, such amount as shall be determined by arbitration in the like manner in all respects as a claim for compensation in relation to the compulsory acquisition of land under section 5 .

(3) An order under this section shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land to which the order relates.

(4) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Minister to be necessary or proper for the purpose of, or in consequence of, or to give full effect to, a transfer of land effected by the order, including provisions for the application, modification, adaptation or other amendment of any enactment.

(5) Where an order under this section is made, land to which the order relates shall, on the date specified in the order in relation to that land and without any further conveyance or assignment, become and be vested in the Authority for all the estate and interest of the statutory body.

(6) No action, proceedings, claim or demand of any kind or description shall lie against a statutory body by reason only of the agreement by it to accept, or acceptance by it of, a consideration payable under this section.

(7) Section 12 of the Finance Act, 1895, shall not apply to any transfer of land by virtue of an order under this section.

(8) An order under this section may provide that the land to which the order relates shall, on the coming into operation of the order, cease to be within both the limits of the Harbour of Dublin and thelimits of the Port of Dublin within the meaning of section 2 of the Dublin Port and Docks Act, 1869.

(9) An order under section 13 of the Principal Act shall not be made in relation to land which was not situated in the Custom House Docks Area immediately before the passing of this Act.

Grants to Authority.

7.—(1) A grant to the Authority under section 14 of the Principal Act shall not be made after the 16th day of November, 1991.

(2) Section 14 (2) of the Principal Act is hereby repealed.

Short title, construction and collective citation.

8.—(1) This Act may be cited as the Urban Renewal (Amendment) Act, 1987.

(2) This Act and the Urban Renewal Act, 1986 , shall be construed together as one Act and may be cited as the Urban Renewal Acts, 1986 and 1987.