19/05/1925: The Housing (Local Assistance) Order, 1925.
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MADE BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH. | ||
UNDER THE HOUSING ACT, 1925 . | ||
PRESCRIBING REGULATIONS IN RELATION TO ASSISTANCE BY LOCAL AUTHORITIES TO PERSONS AND PUBLIC UTILITY SOCIETIES UNDER SECTION 6 OF THE ACT. | ||
DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH. | ||
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WHEREAS by the Housing Act, 1925 (in this Order called "the Act"), the Minister for Local Government and Public Health is empowered to prescribe certain rules, regulations, conditions and other matters, and such other regulations as may be required for carrying the Act into effect: | ||
AND WHEREAS the regulations prescribed by this Order are necessary for carrying the Act into effect: | ||
NOW THEREFORE I, the Minister for Local Government and Public Health, in exercise of the powers given me by the Act and of all other powers in this behalf enabling me do hereby order and prescribe as follows:— | ||
1. In this Order, save where the context otherwise requires every expression shall have the same meaning as in the Act. | ||
The expression "local authority" shall have the same meaning as in section 6 of the Act. | ||
The expression "local assistance" means any assistance granted by a local authority in pursuance of section 6 of the Act. | ||
The expression "the applicant" means the person or public utility society to whom local assistance is granted. | ||
2. The regulations set out in the Schedule to this Order shall be prescribed regulations and shall be complied with by every local authority affording local assistance to an applicant. | ||
3. This Order may be referred to as The Housing (Local Assistance) Order, 1925. | ||
Given under My Seal of Office, this Nineteenth day of | ||
May, in the year of our Lord One Thousand | ||
Nine Hundred and Twenty-five. | ||
(Signed) SÉAMUS DE BÚRCA, | ||
Minister for Local Government and | ||
Public Health. | ||
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SCHEDULE. | ||
REGULATIONS FOR THE GRANTING OF LOCAL ASSISTANCE. | ||
1.—No expenses or liability shall be incurred by a local authority in or in connection with the granting of local assistance under the Act except in pursuance of a scheme for such local assistance (in these regulations called a "scheme") which has been adopted by the local authority and approved by the Minister under these regulations. | ||
2.—No scheme shall be prepared by a local authority except in pursuance of a resolution of such local authority. | ||
3.—When a local authority resolves that a scheme shall be prepared— | ||
(1) they shall either appoint a committee or direct one of their officers to prepare the same; | ||
(2) the scheme when prepared shall be considered by the local authority at a meeting specially summoned for the purpose, of which not less than seven days' notice shall have been given to each member of the local authority; | ||
(3) the local authority may adopt the scheme, with such amendments (if any) as they think fit, at such meeting and may submit the same to the Minister for approval. | ||
4.—The Minister may approve any scheme submitted to him as aforesaid with or without such modifications as he may deem desirable. | ||
5.—(1) The scheme shall set out clearly— | ||
(a) the nature and amount of the assistance to be offered in respect of houses of different accommodation to | ||
(a) persons, and | ||
(b) public utility societies; | ||
(b) the total estimated expenditure involved; | ||
(c) the quantity and value of any land in the local authority's possession which it is proposed to apply to the purposes of the scheme; | ||
(d) the purposes for which any land included in the scheme was originally acquired and the terms on which it is proposed to convey or lease the lands to the applicants; | ||
(e) the nature and estimated cost of any works of development which it is proposed to carry out; | ||
(f) the terms upon which any loans proposed are to be advanced; | ||
(g) the sources from which it is proposed to defray the expenditure involved, and, if it is proposed to borrow, the loan terms; | ||
(h) the maximum number of houses in respect of which local assistance is to be granted. | ||
(2) The scheme shall be accompanied by:— | ||
(a) a block plan (in duplicate) to a scale of 1/500 or other scale of not less than 1 inch to 44 feet shewing in respect of any land to be applied to the purposes of the scheme the number and position of houses to be accommodated and any development works proposed; and | ||
(b) a specification in relation to any works of development so proposed. | ||
6.—(1) When any scheme has been approved by the Minister the local authority shall cause it to be advertised as so approved in a newspaper circulating in their functional area, and such advertisement shall name a date not more than two months from the date of the advertisement after which applications for local assistance shall not be accepted unless otherwise approved by the Minister. | ||
(2) If at any time the number of houses in respect of which applications for local assistance are received exceeds the maximum number of houses in respect of which, under the Scheme as approved, local assistance is to be granted, the local authority shall submit particulars of such applications to the Minister who may approve: | ||
(a) of the allocation of the local assistance by ballot, or | ||
(b) of such modification or extension of the scheme as may be proposed by the local authority, or | ||
(c) of any other method of allocation which he may deem suitable to any special circumstances that may exist: | ||
Provided that any modification of the scheme so approved shall not affect local assistance already allocated whether provisionally or finally. | ||
7.—(1) The allocation of local assistance shall in every case be provisional until the applicant has obtained approval to his proposal from the appointed officer, and in the event of the applicant's failure to produce evidence of such approval within one month from the date of the provisional allocation he shall be ineligible for participation in the local authority's scheme unless the Minister is satisfied on the representation of the local authority that such failure was due to circumstances over which the applicant had no control. | ||
(2) If on production by an applicant of a certificate of approval in the prescribed form in respect of a house, the amount of the grant appropriate to such house appearing on such certificate is less than the maximum grant for such house under the Act, then before any local assistance is finally granted by a local authority in respect of such house, the Minister will require to be satisfied that the total value of such local assistance does not exceed the value of the amount of the grant appearing on such certificate. | ||
8.—In every case where the local assistance is in whole or in part in the form of a grant of money, payments of instalments of such grant may be made in proportion to the amounts paid from time to time by the Minister, but only on receipt of official notifications of payments by the Minister, and if for any reason the Minister refuses or reduces a grant, or any instalment thereof, in respect of a house the local authority shall refuse or reduce proportionately the local assistance or any instalment thereof in respect of such house. | ||
9.—In every case where the local assistance is in whole or part in the form of a loan— | ||
(a) such loan shall be secured by a mortgage or charge on the house and on the hereditament on which the house is situate and no advance shall be made until the works have been actually begun; | ||
(b) the amount to be advanced from time to time during the progress of the works shall not exceed 30 per cent. of the value of the work done, as certified by the appointed officer for the purpose at the request of the local authority; | ||
(c) the final instalment of the loan shall not be issued until the local authority has been officially notified that the final payment of the grant has been made by the Minister; | ||
(d) the applicant shall give a written undertaking to insure the house against fire during the currency of the loan period in the joint names of himself and the local authority with an Insurance Company approved by the local authority for a sum not less than the full market value of the house as determined by the local authority and shall lodge the Insurance Policy and the receipts for premiums with the local authority; | ||
(e) where any applicant in respect of a house holds the site thereof under a lease for a term of years, the period fixed for the repayment of the loan shall be at least ten years less than the unexpired portion of such term; | ||
(f) the local authority may require the applicant to pay all or part of any legal or other expenses incurred by the local authority in respect of the loan, and may deduct such amount from the final instalment of the loan. | ||
10.—(1) In any case where it is proposed to transfer to the applicant gratuitously, or at less than the market value, the fee simple interest in land, the applicant shall enter into a contract to purchase the land at the full market value, and the contract shall contain— | ||
(a) a covenant on the part of the applicant either to erect on the site a house or a specified number of houses to which the Act applies or to use the site solely as additional garden space to a reconstructed house to which the Act applies and | ||
(b) a covenant on the part of the local authority to forego the purchase price or a specified portion thereof upon receiving official notification of the final payment of the grant by the Minister. | ||
(2) In any case where it is proposed to lease land to the applicant the applicant shall enter into a contract to take on lease such land at its full leasing value, and— | ||
(a) the contract shall contain a covenant on the part of the applicant either to erect on the site a house or a specified number of houses to which the Act applies or to use the site solely as additional garden space to a reconstructed house to which the Act applies, and | ||
(b) the contract may contain a covenant on the part of the local authority to forego all or part of the fine or rent on receipt of official notification of the final payment of the grant by the Minister. | ||
(3) In the case of the grant, sale or lease of land for use as additional garden space to a reconstructed house such land— | ||
(a) shall be immediately adjoining the site of the existing building which it is proposed to reconstruct, and | ||
(b) shall not be granted, sold or leased for a longer period than the period for which the applicant holds such site. | ||
(4) The local authority may require the applicant to pay all or part of any legal or other expenses incurred by them in connection with the granting, sale or leasing of land to the applicant. | ||
11.—(1) Where the local assistance is to be wholly or partly in the form of works of development the local authority shall enter into a contract with the applicant to carry out in connection with the erection or reconstruction by the applicant of a house to which the Act applies specified works of development, and the contract shall contain a covenant on the part of the local authority that on receipt of official notification of the final payment of a grant by the Minister in respect of the erected or reconstructed house as the case may be, the local authority will forego wholly or in part the payment due by the applicant for the due execution of such works of development. | ||
(2) The local authority may require the applicant to pay all or part of any legal or other expenses incurred by them in connection with the carrying out of such development works. | ||
12.—Every local authority carrying out a scheme for local assistance shall— | ||
(a) record in a Register specially prepared for the purpose all transactions under the scheme and such register shall be open to inspection at all reasonable times by the appointed officer or any other authorised officer of the Minister, and | ||
(b) notify the Minister and the appointed officer without delay of local assistance allocated or granted in every case. |