S.I. No. 97/1961 - Local Government (No. 2) Act, 1960 (Acquisition of Land Regulations) Order, 1961.

S.I. No. 97 of 1961.

LOCAL GOVERNMENT (NO. 2) ACT, 1960 (ACQUISITION OF LAND REGULATIONS) ORDER, 1961.

The Minister for Local Government in exercise of the powers conferred on him by section 45 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931) and section 24 of the Housing (Amendment) Act, 1958 (No. 27 of 1958) as extended by section 10 of the Local Government (No. 2) Act, 1960 (No. 40 of 1960) by this his Order makes the following Regulations :—

1. This Order may be cited as the Local Government (No. 2) Act, 1960 (Acquisition of Land Regulations) Order, 1961.

2. The Interpretation Act, 1937 (No. 38 of 1937) applies to this Order.

3.—(1) The forms set out in the Schedule hereto or forms substantially to the like effect, shall be the prescribed forms to be used by a local authority for the purposes of the exercise of their powers and duties under section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 (No. 27 of 1958) and extended by section 10 of the Local Government (No. 2) Act, 1960 .

(2) Where the land proposed to be acquired comprises or consists of a dwellinghouse within the meaning of section 24 of the Housing (Amendment) Act, 1958 which dwellinghouse is, in the opinion of the local authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, such dwellinghouse shall be described in the compulsory purchase order made in respect of such land in the manner set out in the form of compulsory purchase order (Form No. 1) in the Schedule hereto.

SCHEDULE

FORM NO. 1

Compulsory Purchase Order for the purposes of section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 and extended by section 10 of the Local Government (No. 2) Act, 1960 .

LOCAL GOVERNMENT (NO. 2) ACT, 1960 .

WHEREAS in pursuance of subsection (1)/subsection (2) of section 10 of the Local Government (No. 2) Act, 1960 , the .......................................(hereinafter called " the local authority ") have decided to effect the acquisition of the land to which this Order relates under the Housing of the Working Classes Acts, 1890 to 1958 ;

AND WHEREAS pursuance to section 24 of the Housing (Amdnement) Act, 1958 the local authority—

(a) are of opinion that such land consists of/comprises dwellinghouses (or a dwellinghouse) unfit for human habitation and not capable of being rendered fit at reasonable expense, and

(b) have caused such dwellinghouse(s) to be coloured pink on the map referred to in this order ;

NOW THEREFORE it is hereby ordered that—

1. Subject to the provisions of this order, the local authority are hereby authorised—

(a) to purchase compulsorily for the purposes of the land described in Part I and Part II of the Schedule hereto which lands are shown on a map marked___________and sealed with the Seal of the local authority and deposited at the offices of the local authority and

(b) to extinguish the public right of way described in Part III of the Schedule hereto by order made after the acquisition of the land over which there is the said public right of way.

2.—(1) The land specified in Part I of the Schedule hereto and coloured pink on the said deposited map consists of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense ;

(2) The land specified in Part II of the Schedule hereto and coloured grey on the said deposited map is land which does not consist of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

3. Subject to any necessary adaptations, the provisions of—

(a) the Lands Clauses Acts (except sections 127 to 132 of the Land Clauses Consolidation Act, 1845) as amended by the provisions contained in the Second Schedule to the Housing of the Working Classes Act, 1890 and the Housing of the Working Classes Acts, 1890 to 1958, and

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 and the Property Values (Arbitrations and Appeals) Act, 1960 as modified by the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 and section 24 of the Housing (Amendment) Act, 1958 are hereby incorporated in this Order and the provisions of those Acts shall apply accordingly.

4. This Order may be cited as the        Order, 19

SCHEDULE

PART I

Land proposed to be acquired consisting of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

Land proposed to be acquired which does not consist of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

PART III

Description of public right of way proposed to be extinguished.

GIVEN under the Seal of the         this day of     19  .

Directions for completing this form

1. Where the land proposed to be acquired does not consist of or comprise a dwellinghouse unfit for human habitation and not capable of being rendered fit at reasonable expense, the second recital should be omitted and the Schedule should not be divided into Parts.

2. The purpose for which the land is required should be fully and accurately stated.

3. The reference to the extinguishment of the right of way should be omitted where not necessary.

FORM NO. 2

Advertisement of a compulsory purchase order for the purposes of section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 and extended by section 10 of the Local Government (No. 2) Act, 1960 .

............................................................ ............................................................ .........................(name of local authority)

............................................................ ............................................................ ............................................(title of order)

Notice is hereby given that the ................................... in exercise of the powers conferred on them by section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 and extended by section 10 of the Local Government (No. 2) Act, 1960 have made an order entitled as above which will be submitted for confirmation to the Minister for .................................... If confirmed by the Minister, the order will authorise the ............................................ to purchase compulsorily the land described in the Schedule hereunder for the purpose of........................................................ A copy of the order and the map referred to therein have been deposited at .................................................... and may be seen at all reasonable hours. (The land comprises/consists of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.) Inspection of the order and map will show the land which it is proposed to acquire (and that part of it which consists of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense).

SCHEDULE

Dated this     day of       19 .

County Secretary or Town Clerk.

Directions for completing this form

1. The words in brackets should be omitted where the land proposed to be acquired does not consist of or comprise a dwellinghouse unfit for human habitation and not capable of being rendered fit at reasonable expense.

2. In the Schedule, the land should be described as in the order or by reference to boundaries, e.g. " The area to which the order relates is bounded as follows, on the north by .......................................... on the south by ....................................... on the east by ............................................ on the west by ......................................... " or " The area to which the order relates is bounded by a line drawn as follows :— ................................... "

FORM NO. 3

Notice to owners, lessees and occupiers of the making of a compulsory purchase order for the purposes of section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 and extended by section 10 of the Local Government (No. 2) Act, 1960 .

............................................................ ............................................................ ..........................(name of local authority)

............................................................ ............................................................ ............................................ (title of order)

To ........................................................

of ........................................................

Take Notice that the ........................................... in exercise of the powers conferred on them by section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 and extended by section 10 of the Local Government (No. 2) Act, 1960 have made an order entitled as above which will be submitted for confirmation to the Minister for .......................................... If confirmed by the Minister the order will authorise the ............................................... to purchase compulsorily the land described in the Schedule hereunder for the purpose of ................................................ A copy of the order and of the map referred to therein have been deposited at ....................................... and may be seen at all reasonable hours.

(The land to which the order relates comprises/consists of (a) dwellinghouse(s) which in the opinion of ............................................................  is/are unfit for human habitation and not capable of being rendered fit at reasonable expense. An inspection of the order and map will show the land proposed to be acquired and the dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense).

Any objection to this order must state in writing the grounds of objection and be sent addressed to the Minister for ....................................... at ................................ so as to reach the said Minister before the ......................................... day of......................... 19...

The Minister, if he thinks fit, may confirm the order with or without modification if—

(a) no objection is duly made by any person upon whom notices are required to be served, or

(b) all objections are withdrawn, or

(c) If the Minister is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation for the acquisition of the land is to be assessed.

Where an objection is duly made and not withdrawn, the Minister, if he thinks fit, may refuse to confirm the order without causing a public local inquiry to be held into the objection. In any other case, the Minister before confirming the order shall cause a public local inquiry to be held and shall consider any objection not withdrawn and the report of the person who held the inquiry and may then confirm the order either with or without modification.

If the order is confirmed by the Minister and the land is acquired, compensation will be assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 as modified by Part II of the Third Schedule to the Housing (Miscellaneous Provisions) Act, 1931 except as respects a dwellinghouse unfit for human habitation and not capable of being rendered fit at reasonable expense the compensation for which will be assessed as the value at the time the valuation is made of the land as a site cleared of the unfit dwellinghouse and available for development in accordance with the requirements of the building bye-laws for the time being in force in the district less such sum as shall be estimated to be the cost of clearing and levelling the land.

No part of the land in which you have an interest consists of a dwellinghouse unfit for human habitation and not capable of being rendered fit for human habitation, or

The land/part of the land in which you have an interest consists of (a) dwellinghouse(s) unfit, in the opinion of........................................... for human habitation and not capable of being rendered fit at reasonable expense. At any local inquiry into this order, it will be considered whether the dwellinghouse(s) are unfit for human habitation and not capable of being rendered fit at reasonable expense. If the Minister is of opinion that a dwellinghouse described by a local authority as unfit for human habitation and not capable of being rendered fit at reasonable expense ought not to have been so described, he is required to modify the order so as to exclude the dwellinghouse from the order unless he is of opinion that the dwellinghouse is required by the authority in which case he may further modfiy the order so as to authorise the local authority to purchase the dwellinghouse and to pay compensation therefor assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 as modified by Part II of the Third Schedule to the Housing (Miscellaneous Provisions) Act, 1931 .

Any questions of disputed compensation shall be referred to and determined by a property arbitrator appointed under the Property Values (Arbitration and Appeals) Act, 1960. A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the local authority make him an offer for his interest in the land, send to the Secretary, The Reference Committee, Four Courts, Dublin, an application for the appointment of a property arbitrator.

SCHEDULE

Dated this...............................day of................................ 19...

County Secretary or Town Clerk

Directions for completing this form

1. The penultimate paragraph and the words in brackets should be omitted where the land proposed to be acquired does not consist of or comprise a dwellinghouse unfit for human habitation and not cabable of being rendered fit at reasonable expense. The penultimate paragraph and the paragraph preceding it are alternatives.

2. In the Schedule, the land should be described as in the Schedule to Form No. 2.

3. In the third paragraph, the date before which objections are to reach the Minister should be at least fourteen days from the service of the notice.

FORM NO. 4

Advertisement of confirmation of a compulsory purchase order made under section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 and extended by section 10 of the Local Government (No. 2) Act, 1960 and confirmed by the appropriate Minister.

Notice is hereby given that the Minister for...................................in pursuance of the powers conferred on him by section 37 of the Housing (Miscellaneous Provisions) Act, 1931 and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 and extended by section 10 of the Local Government (No. 2) Act, 1960 on the............................... day of................................. 19.., confirmed (with modifications) the............................. Order, 19.. authorising the........................................to purchase compulsorily for the purposes of........................................ the land described in the Schedule hereto. A copy of the order and of the map referred to therein have been deposited at..................................... and may be seen at all reasonable hours.

(The said land consists of/comprises (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense. An inspection of the order and the map will show the land proposed to be acquired and the dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.)

The order will become operative at the expiration of three weeks from the date of this notice but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the order, the Court, if satisfied that the order is not within the powers of the Housing of the Working Classes Acts, 1890 to 1958 as extended by section 10 of the Local Government (No. 2) Act, 1960 or that the interests of the applicant have been substantially prejudiced by any requirement of the said Acts as so extended not having been complied with, may quash the order whether generally or in so far as it affects any property of the applicant.

SCHEDULE

Dated this.......................................day of......................................19...

Secretary or Town Clerk

Directions for completing this form

1. The words in brackets should be omitted where the land proposed to be acquired does not consist of or comprise a dwellinghouse unfit for human habitation and not capable of being rendered fit at reasonable expense.

2. In the Schedule, the land should be described as in the Schedule to Form No. 2.

GIVEN under the Official Seal of the Minister for Local Government this Sixteenth day of May One Thousand Nine Hundred and Sixty-one.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE

Section 37 of the Housing (Miscellaneous Provisions) Act, 1931 as extended by section 10 of the Local Government (No. 2) Act 1960 enables a local authority to acquire land compulsorily for certain purposes which are purposes other than the purposes of the Housing of the Working Classes Acts, 1890 to 1958. This Order prescribes the forms to be used by a local authority when so acquiring land. This order also prescribes the manner in which land which comprises or consists of a dwellinghouse within the meaning of section 24 of the Housing (Amendment) Act, 1958 , which is, in the opinion of the local authority, unfit for human habitation and not capable of being rendered fit at reasonable expense is to be described in a compulsory purchase order made under section 37 of the Housing (Miscellaneous Provisions) Act, 1931 as so extended.