S.I. No. 338/1940 - Unemployment (Relief Works) (Acquisition of Land) Regulations, 1940.

STATUTORY RULES AND ORDERS. 1940. No. 338.

UNEMPLOYMENT (RELIEF WORKS) (ACQUISITION OF LAND) REGULATIONS, 1940.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by section 1, sub-section (1) of section 12 and section 21 of the Unemployment (Relief Works) Act, 1940 , hereby makes the following regulations, that is to say :—

1. These Regulations may be cited as the Unemployment (Relief Works) (Acquisition of Land) Regulations, 1940.

2. The prescribed form for a vesting order made by a local authority under the Unemployment (Relief Works) Act, 1940 , shall be the form set forth in the Schedule to these regulations.

SCHEDULE.

FORM OF VESTING ORDER.

THE UNEMPLOYMENT (RELIEF WORKS) ACT, 1940 .

WHEREAS the......................................................(in this order referred to as " the local authority ") is the executing authority for the purposes of the Unemployment (Relief Works) Act, 1940 (No. 34 of 1940) (in this order referred to as " the Act ") in respect of the following work, that is to say :—

Note 1.

............................................................ ......................description of work

AND WHEREAS the said work is a certified work for the purposes of the Act ;

AND WHEREAS

(Alternative I)

Note 2.

the land (in this order referred to as " the acquired land ") which is described in the Schedule to this order and delineated in the contained in the said Schedule is required by the local authority for the purposes of the execution of the said work ;

(Alternative II)

the land (in this order referred to as " the acquired land ") is required by the local improving the frontage of

the said road ;

authority for the purpose of

facilitating or controlling the proper development

of the land in the neighbourhood of the said road ;

Note 3

(Alternative III)

the land (in this order referred to as " the acquired land ") which is described in the Schedule to this order and delineated in the contained in the said schedule is required by the local authority as regards the land so described

in Part I of the said schedule and coloured...........................in the said for the purposes of the execution of the said work, and as regards the land so described in Part II of the said schedule and coloured..................in the said

improving the frontage of the said road ;

for the purpose of

facilitating or controlling the proper development

of land in the neighbourhood of such road ;

Note 3.

AND WHEREAS the local authority did propose to acquire compulsorily under the Act the acquired land [together with other land] and did accordingly make a preliminary order under section 9 of the Act and did comply with the provisions of sub-section (3) of the said section 9 :

Note 4.

AND WHEREAS the period within which application may be made under section 10 of the Act for the annulment of the said preliminary order has now expired ;

AND WHEREAS

(Alternative I)

no application for the annulment of the said preliminary order has been made under and in accordance with the said section 10 :

Note 5.

(Alternative II)

made for the annulment of the said preliminary order under and in accordance with the said section 10 and on the final determination thereof the said preliminary order was not annulled :

(Alternative III)

made for the annulment of the said preliminary order under and in accordance with the said section 10 and on the final determination thereof the said preliminary order was not annulled but the application of the said preliminary order was restricted to the acquired land :

NOW THEREFORE the local authority in exercise of the power conferred on them by section 11 of the Act hereby order that the acquired land shall vest in the local authority on the.........day of.................................19......, in fee-simple free from incumbrances and all estates, rights, titles, and interests of whatsoever kind.

Note 6.

SCHEDULE TO VESTING ORDER.

Note 7.

(Description of the acquired land.)

Note 8.

Map (or plan).

Note 9.

Given under the Seal of the................................................ this.........day of..............................19.......

NOTES ON FORM OF VESTING ORDER.

Note 1.—The description of the work should be the same as that used by the Minister when certifying under section 2 of the Act.

Note 2.—Alternative I is to be adopted where the land is all to be acquired for the execution of the certified work under section 8 (1) of the Act.

Alternative II is to be adopted where the certified work consists of the construction of a new road or the improvement of an existing road or partly of such construction and partly of such improvement and the land is all to be acquired under section 8 (2) of the Act.

Alternative III is to be adopted where land is to be acquired under both sub-sections (1) and (2) of section 8 of the Act.

Note 3.—Inappropriate words are to be deleted.

Note 4.—The words in square brackets need only be inserted where the application of the preliminary order has been restricted on appeal to a part (now referred to as " the acquired land ") of the land to which the preliminary order originally related. In such a case Alternative III should be selected for the last recital.

Note 5.—Whichever alternative is appropriate should be selected.

Note 6.—The vesting date must not be earlier than fourteen days after the making of the order.

Note 7.—The acquired land should be carefully and accurately described. Where necessary the schedule should be divided into two parts.

Note 8.—The map or plan must show exactly the dimensions and situation of the land. Distances which cannot be measured between points which can be easily identified on the ground must be inserted in words or figures on the map or plans.

Note 9.—The execution should be attested in whatever manner orders of the local authority are attested.

Given under the Official Seal of the Minister for Local Government and Public Health this eighteenth day of December, One Thousand Nine Hundred and Forty.

PATRICK RUTTLEDGE,

Minister for Local Government and Public Health.