S.I. No. 368/1941 - Neutrality (War Damage To Property) (Acquisition of Land) Regulations, 1941.

STATUTORY RULES AND ORDERS. 1941. No. 368.

NEUTRALITY (WAR DAMAGE TO PROPERTY) (ACQUISITION OF LAND) REGULATIONS, 1941.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by Paragraph 8 of the Schedule to the Neutrality (War Damage to Property) Act, 1941 , hereby makes the following regulations, that is to say :—

1. These Regulations may be cited as the Neutrality (War Damage to Property) (Acquisition of Land) Regulations, 1941.

2. Every vesting order made by a local authority under the Neutrality (War Damage to Property) Act, 1941 , shall be in the form set forth in the Schedule to these regulations.

SCHEDULE.

FORM OF VESTING ORDER.

THE NEUTRALITY (WAR DAMAGE TO PROPERTY) ACT, 1941 .

WHEREAS the............................................................  (in this order referred to as " the planning authority ") is the district planning authority for the planning district consisting of............................................................  in which is situate 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 ;

AND WHEREAS the acquired land is for the purposes of section 20 of the Neutrality (War Damage to Property) Act, 1941 (in this Order referred to as " the Act ") the site of a building which has been injured by an injury to which the Act applies ;

Note 1.

AND WHEREAS the planning authority considering that the acquisition of the acquired land is expedient for the purposes of a planning scheme for their district, did propose to acquire compulsorily under the Act the acquired land [together with other land] and did accordingly make a preliminary order under paragraph 1 of the Schedule to the Act and did comply with the provisions of paragraph 16 of the said Schedule ;

AND WHEREAS the period within which application may be made under paragraph 3 of the said Schedule for the annulment of the said preliminary order has now expired.

Note 2.

AND WHEREAS

(Alternative I)

no application for the annulment of the said preliminary order has been made under and in accordance with the said paragraph 3.

(Alternative II)

made for the annulment of the said preliminary order under and in accordance with the said paragraph 3 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 paragraph 3 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 :

Note 3.

NOW THEREFORE the planning authority in exercise of the power conferred on them by paragraph 5 of the Schedule to the Act hereby order that the acquired land shall vest in the planning authority on the ...............day of ..............................19......, in fee-simple free from incumbrances and all estates, rights, titles, and interest of whatsoever kind.

Note 4.

SCHEDULE TO VESTING ORDER.

(Description of the acquired land).

Note 5.

Map (or plan).

Note 6.

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

NOTES ON FORM OF VESTING ORDER.

Note 1.—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 2.—Whichever alternative is appropriate should be selected.

Note 3.—The vesting date must not be earlier than fourteen days after the making of the order.

Note 4.—The acquired land should be carefully and accurately described.

Note 5.—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 6.—The execution should be attested in whatever manner orders of the planning authority are attested.

Given under the Official Seal of the Minister for Local Government and Public Health this 24th day of September, One Thousand Nine Hundred and Forty-one.

(Signed) SEÁN MacENTEE.

Minister for Local Government and Public Health.