Housing Act, 1966

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Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1860” means the Landlord and Tenant Law Amendment Act, Ireland, 1860 ;

“the Act of 1891” means the Local Registration of Title (Ireland) Act, 1891;

“the Act of 1936” means the Labourers Act, 1936 ;

“the Act of 1948” means the Housing (Amendment) Act, 1948 (repealed by this Act);

“the Act of 1952” means the Housing (Amendment) Act, 1952 (repealed by this Act);

“the Act of 1960” means the Local Government (No. 2) Act, 1960 ;

“the Act of 1962” means the Housing (Loans and Grants) Act, 1962 (repealed by this Act);

“chief medical officer” has the meaning assigned to it by the Health Act, 1947 , as extended by the Health Authorities Act, 1960 , and for the purposes of this Act, the chief medical officer under the health authority within whose functional area (with respect to functions related to the operation of services other than services under the Mental Treatment Acts, 1945 to 1958) a town having town commissioners under the Towns Improvement (Ireland) Act, 1854 , or an urban district is situate, shall be deemed to be the chief medical officer of the commissioners of such town or the council of the district, as the case may be;

“functions” includes powers and duties;

“health authority” has the same meaning as in the Health Act, 1947 , as amended by section 9 of the Health Authorities Act, 1960 ;

“house”, except in Part V of this Act, includes any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and, except as aforesaid and in sections 15 , 16 and 17 of this Act, includes any part of a building used or suitable for use as a dwelling and “housing” shall be construed accordingly;

“housing authority” means, in the case of—

(a) a county health district (exclusive of any town having town commissioners under the Towns Improvement (Ireland) Act, 1854 ), the council of the county in which such county health district is situate,

(b) a county or other borough, the corporation of such county or other borough, and

(c) an urban district, the council of the district,

(d) a town having commissioners under the Towns Improvement (Ireland) Act, 1854 , except as respects sections 26 ,

27 , 28 , 29 , 30 , 31 , 32 , 34 , 35 , 36 , 39 , 40 , 41 , 42 and 43 of this Act, the commissioners of such town and, as respects the said sections, the council of the county in which the town is situate,

and references to the functional area of a housing authority shall be construed accordingly;

“land”, except in section 86 of this Act includes water and, in relation to the acquisition of land, includes any interest or right in or over land or water (including an interest or right granted by or held from the authority acquiring the land);

“local authority” has the same meaning as in section 2 of the Local Government Act, 1941 ;

“the Minister” means the Minister for Local Government;

“non-municipal town” means a place (not being a county borough, borough, urban district or town) the population of which, as ascertained by the census of population which for the time being is the last published census of population, exceeds one thousand;

“owner”, except in Part V of this Act, in relation to any dwelling, house, building or other land means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the dwelling, house, building or other land, or where the dwelling, house, building or other land is not let at a rack rent, would be so entitled if it were so let;

“person”, except in this section and in sections 15 and 34 of this Act, does not include a housing authority;

“prescribed” means prescribed by regulations made by the Minister;

“public utility society” means a society registered under the Industrial and Provident Societies Acts, 1893 to 1936, or a friendly society registered under the Friendly Societies Acts, 1896 to 1953, or a trade union registered under the Trade Union Acts, 1871 to 1952, whose objects include the erection of houses or a body which satisfies the Minister that its objects are wholly philanthropic and include the provision of houses;

“the registering authority” means the registering authority under the Act of 1891;

“Registry of Deeds” means the office established by the Registration of Deeds Act, 1707;

“reserved function” means—

(a) with respect to the council of a county (or an elective body for the purposes of the County Management Acts, 1940 to 1955) a reserved function for the purposes of the County Management Acts, 1940 to 1955,

(b) with respect to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“rural area” means an area no place in which is within a county borough, borough, urban district, town or non-municipal town;

“Small Dwellings Acquisition Acts” means the Small Dwellings Acquisition Acts, 1899 to 1962;

“state land” means land which is state land within the meaning of the Act of 1936 and which belongs to the State on the commencement of section 105 of this Act.

(2) Any approval or consent required by this Act to be given by the Minister may be given either generally or as respects a particular case and where the relevant provisions of this Act so admit, any such approval or consent may be confined to any particular class of matter or thing or to a particular area or an area of a particular class.

(3) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(4) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.