Housing (Financial and Miscellaneous Provisions) Act, 1932

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Number 19 of 1932.


HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary And General.

Section

1.

Short Title.

2.

Definitions.

3.

Repeal of enactments.

4.

Expenses.

PART II.

Financial Provisions.

5.

Grants by Minister to persons, public utility societies and local authorities.

6.

Contributions by Minister to annual loan charges of local authorities.

7.

Time and method of payment of grants and contributions.

8.

Rates of wages and conditions of labour.

9.

Grants by urban authorities to public utility societies.

10.

Remission of rates and valuation of reconstructed houses.

11.

Section 12 of Local Government Act, 1927, not to apply to certain house.

12.

Increase of aggregate amount of grants under Housing Acts, 1925 to 1930.

13.

Allocation of Irish Housing Fund.

14.

Prescribing of regulations by Minister.

15.

Suspension of local Acts, bye-laws, etc.

PART III.

Miscellaneous.

16.

Minister may purchase, manufacture or promote manufacture of building materials, etc.

17.

Power to limit prices of building materials and appliances.

18.

Power of Minister to act in place of local authority on their default.

19.

Official representation by medical officers of health to town commissioners.

20.

Acquisition of land for the purposes of Labourers Acts, 1883 to 1931.

21.

Additional powers as to acquisition, sale and leasing of land under Labourers Act, 1883 to 1931.

22.

Expenses under Labourers Acts, 1883 to 1931.

23.

Amendments of Housing (Miscellaneous Provisions) Act, 1931.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE


Acts Referred to

Housing (Miscellaneous Provisions) Act, 1931

No. 50 of 1931

Housing (Building Facilities) Act, 1924

No. 14 of 1924

Damage to Property (Compensation) Act, 1923

No. 15 of 1923

Housing (Gaeltacht) Act, 1929

No. 41 of 1929

Local Government Act, 1927

No. 3 of 1927

Housing Act, 1928

No. 31 of 1928

Housing Act, 1929

No. 12 of 1929

Acquisition of Land (Reference Committee) Act, 1925

No. 22 of 1925

Housing Act, 1925

No. 12 of 1925

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Number 19 of 1932.


HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932.


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE FINANCIAL ASSISTANCE OF LOCAL AUTHORITIES AND OTHERS IN THE ERECTION AND RECONSTRUCTION OF DWELLING-HOUSES, TO ENSURE THE SUPPLY OF BUILDING MATERIALS AND APPLIANCES AT REASONABLE PRICES, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE HOUSING OF THE WORKING CLASSES ACTS, 1890 TO 1931, THE LABOURERS ACTS, 1883 TO 1931, THE HOUSING ACTS, 1925 TO 1930, AND THE HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 , AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [3rd August, 1932.]

BE IT ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short Title.

1.—This Act may be cited as the Housing (Financial and Miscellaneous Provisions) Act, 1932.

Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “public utility society” means a society registered under the Industrial and Provident Societies Acts, 1893 to 1913, or a friendly society registered under the Friendly Societies Acts, 1896 and 1908, or a trade union registered under the Trade Union Acts, 1871 to 1913, whose objects include the erection of houses for the working classes and the said expression includes also a company which satisfies the Minister that its objects are wholly philanthropic and include the provision of houses for the working, classes; the word “person” wherever it occurs in Part II of this Act includes the Irish Sailors and Soldiers Land Trust but does not include either a local authority or a public utility society;

the expression “agricultural labourer” has the same meaning as it has in the Labourers Acts, 1883 to 1931;

the word “house” means and includes a building or any part of a building suitable for occupation as a dwelling-house;

the word “erection” does not include reconstruction, and the words “erect,” “erecting,” and other cognate words shall be construed accordingly;

the expression “urban area” means the area of any county borough, borough or urban district or of a town having town commissioners under the Towns Improvement (Ireland) Act, 1854 ;

the expression “rural area” means the area of a county health district exclusive of any urban area situate therein;

the expression “urban authority” means the council of a county borough, borough, or urban district or the commissioners of a town having town commissioners under the Towns Improvement (Ireland) Act, 1854 .

Repeal of enactments.

3.—The enactments specified in the Fourth Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and as on and from the respective dates specified in the fourth column of the said Schedule.

Expenses.

4.—All expenses incurred by the Minister or the Minister for Industry and Commerce in carrying this Act into execution shall, save as is otherwise provided by this Act, be paid, to such extent as shall be sanctioned by the Minister for Finance, out of moneys provided by the Oireachtas.

PART II.

Financial Provisions.

Grants by Minister to persons, public utility societies and local authorities.

5.—(1) The Minister may, with the consent of the Minister for Finance, and subject to the prescribed regulations, make out of moneys to be provided by the Oireachtas—

(a) to any person or public utility society erecting one or more houses to which this sub-section applies in any urban area or in any rural area a grant not exceeding forty-five pounds, if the erection of such house shall have been commenced after the 1st day of April, 1929, but before the 12th day of May, 1932, and shall have been completed on or before the 31st day of December, 1932;

(b) to any person or public utility society erecting one or more houses to which this sub-section applies in any urban area a grant not exceeding—

(i) seventy pounds, if the erection of such house shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of June, 1933;

(ii) sixty pounds, if the erection of such house shall have been commenced on or after the 12th day of May, 1932, and shall have been completed on or after the 1st day of June, 1933, but before the 1st day of April, 1934;

(iii) fifty pounds, if the erection of such house shall have been commenced on or after the 12th day of May, 1932, and shall have been completed on or after the 1st day of April, 1934, but before the 1st day of April, 1935;

(c) to any person (other than an agricultural labourer) who derives his livelihood solely or mainly from the pursuit of agriculture, erecting in any rural area for his own occupation a house to which this sub-section applies, the erection of which shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of April, 1935—

(i) a grant not exceeding seventy pounds if such person is in occupation of agricultural land and buildings the rateable value as stated in the valuation lists under the Valuation Acts or aggregate of the rateable values as so stated of which does not exceed fifteen pounds;

(ii) a grant not exceeding sixty pounds, if such person is in occupation of agricultural land and buildings the rateable value as so stated as aforesaid or aggregate of the rateable values as so stated of which exceeds fifteen pounds, but does not exceed twenty-five pounds;

(d) to any person, being an agricultural labourer, erecting in any rural area for his own occupation, a house to which this sub-section applies, the erection of which shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of April, 1935, a grant not exceeding seventy pounds;

(e) to any person (other than a person to whom a grant could be made under paragraph (c) or paragraph (d) of this sub-section) erecting in any rural area a house to which this sub-section applies, the erection of which shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of April, 1935, a grant not exceeding forty-five pounds;

(f) to any public utility society erecting in any rural area a house to which this sub-section applies, the erection of which shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of April, 1935, and which shall have been erected for occupation by a person (other than an agricultural labourer) who derives his livelihood solely or mainly from the pursuit of agriculture—

(i) a grant not exceeding eighty pounds, if such person is in occupation of agricultural land and buildings the rateable value as stated in the valuation lists, under the Valuation Acts or aggregate of the rateable values as so stated of which does not exceed fifteen pounds;

(ii) a grant not exceeding seventy pounds, if such person is in occupation of agricultural land and buildings the rateable value as so stated as aforesaid or aggregate of the rateable values as so stated of which exceeds fifteen pounds, but does not exceed twenty-five pounds;

(g) to any public utility society erecting in any rural area a house to which this sub-section applies, the erection of which shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of April, 1935, a grant not exceeding eighty pounds, if such house shall have been erected for occupation by an agricultural labourer;

(h) to any person reconstructing a house in his own occupation a grant not exceeding forty pounds, if such person derives his livelihood solely or mainly from the pursuit of agriculture and is in occupation of agricultural land and buildings the rateable value as stated in the valuation lists under the Valuation Acts or aggregate of the rateable values as so stated of which does not exceed twenty-five pounds, or if such person is an agricultural labourer, and, in either case, the reconstruction of such house shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of April, 1935, and such house when so reconstructed complies with Rules 2 and 3 of the First Schedule to this Act;

(i) to any public utility society erecting a house to which this sub-section applies in any urban area, a grant not exceeding two-ninths of the cost of the provision thereof or one hundred pounds, whichever shall be the lesser, if—

(i) the erection of the house shall have been commenced on or after the 12th day of May, 1932, and shall have been completed before the 1st day of April, 1935; and

(ii) the floor area of the house as measured in the prescribed manner shall be not less than 500 square feet nor more than 750 square feet; and

(iii) such public utility society undertakes with the Minister that such society will not sell such house and will let such house only on a monthly or lesser tenancy to a person of the working classes at a rent not exceeding such rent as may be approved of by the Minister; and

(iv) the urban authority of the urban area in which the house is situate undertakes to make to such public utility society a grant in respect of such house either by way of a grant of land as a site for such house or by way of a grant of money in respect of such house or partly in one such way and partly in the other such way, but in any case not exceeding in (as the case may be) the value of such land or the amount of such money or the total of such value and such amount one-ninth of the cost of the provision of the house or fifty pounds, whichever shall be the lesser;

(j) to any local authority in respect of any house acquired by such local authority under section 8 of the Housing (Ireland) Act, 1919 , as amended by the Housing (Miscellaneous Provisions) Act, 1931 , (No. 50 of 1931), for the purpose of being sold or leased to a philanthropic society or body of persons approved of by the Minister, a grant not exceeding sixty per centum of the expenses incurred by such local authority in respect of the acquisition of such house, and to either such local authority or such society or body of persons a grant not exceeding sixty per centum of the expenses incurred by such local authority, society, or body respectively in altering, enlarging, improving or repairing such house, but subject to the limitation that the total of such grants in respect of any one house shall not exceed a sum equivalent to seventy-five pounds for each separate tenement provided in such house.

(2) In sub-section (1) of this section, the expression, “house to which this sub-section applies” means a house which complies with the rules set forth in the First Schedule to this Act.

(3) The Minister shall not make a grant under this section in respect of—

(a) a house in respect of which a grant was made by the Minister under the Housing (Building Facilities) Act, 1924 (No. 14 of 1924), or the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931); or

(b) a house erected in accordance with a reinstatement condition within the meaning of section 10 of the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923); or

(c) a house which is erected on or on any part of the site of a building in respect of the destruction of which compensation has been awarded under the Damage to Property (Compensation) Act, 1923 , or in respect of the destruction of which a report has been made under section 15 of the said Act; or

(d) a reconstructed house where compensation has been awarded under the provisions of the Damage to Property (Compensation) Act, 1923 , in respect of damage to the building before reconstruction or where a report has been made under section 15 of the said Act in respect of such damage; or

(e) the reconstruction of a house by any person unless before such reconstruction such house was certified by an officer appointed by the Minister for the purpose or (in the case of an appeal to the Minister from a refusal by such officer so to certify) by the Minister to be suitable for reconstruction; or

(f) a house in respect of which a grant was made by the Minister for Lands and Fisheries under the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929).

(4) Any person aggrieved by the refusal of an officer appointed by the Minister to certify under this section that a particular house is suitable for reconstruction may appeal against such refusal to the Minister, and on such appeal the Minister may, as he shall think proper, either confirm such refusal or himself give the certificate so refused, and the decision of the Minister on such appeal shall be final and conclusive.

(5) The aggregate amount of grants to be made by the Minister under this section shall not exceed the sum of seven hundred thousand pounds.

Contributions by Minister to annual loan charges of local authorities.

6.—(1) The Minister may, with the consent of the Minister for Finance and subject to the prescribed regulations, make out of moneys to be provided by the Oireachtas—

(a) during such period, not exceeding thirty-five years, as the Minister may determine, a contribution towards the annual loan charges incurred by a local authority in respect of money borrowed by them for the provision under the Housing of the Working Classes Acts, 1890 to 1931, of houses to which this section applies—

(i) not exceeding sixty-six and two-thirds per centum of such annual loan charges, where the Minister is satisfied that such houses have been provided for the accommodation of persons displaced by any operations of such local authority under the said Acts; and

(ii) not exceeding thirty-three and one-third per centum of such annual loan charges in any other case;

(b) during such period, not exceeding thirty-five years, as the Minister may determine, a contribution not exceeding sixty per centum of the annual loan charges incurred by a local authority in respect of money borrowed by them for the provision under the Labourers Acts, 1883 to 1931, of cottages or other housing accommodation to which this section applies for agricultural labourers.

(2) This section applies only to houses, cottages, and housing accommodation the erection or provision of which was or shall be commenced on or after the 1st day of April, 1931.

(3) The Minister shall not make any contribution under this section towards the expenses incurred by local authorities in the provision of houses in respect of which grants have been made by him under the Housing Acts, 1925 to 1930.

(4) For the purposes of this section, the amount of any money borrowed by a local authority for the provision of houses, cottages or other housing accommodation to which this section applies shall be deemed not to exceed an amount calculated in the prescribed manner, and the amount of the annual loan charges in respect of such money (limited as aforesaid) shall be deemed not to exceed the sums (including interest charges) which would have been payable by the local authority in any local financial year in repayment of such money (limited as aforesaid) with interest to the Commissioners of Public Works in Ireland, if such money had been borrowed from such Commissioners.

(5) The regulations made by the Minister for the purposes of this section shall provide that in the allocation of any houses in respect of the provision of which a contribution is made under this section preference shall be given, wherever practicable, to families living in one-roomed dwellings where either—

(a) one or more members of the family is or are suffering from tuberculosis; or

(b) one or more members of the family, exclusive of the parents, has or have attained the age of sixteen years; or

(c) the dwelling has been condemned as being unfit for human habitation.

Time and method of payment of grants and contributions.

7.—(1) Every grant or contribution to annual loan charges made to a person, a public utility society, or a local authority by the Minister under this Part of this Act shall be paid in the prescribed manner and at the prescribed time or times.

(2) Subject to the provisions of sub-section (3) of this section, no grant shall be paid by the Minister to a person or a public utility society under this Part of this Act in respect of the erection or reconstruction of a house, unless and until such erection or reconstruction shall have been certified by an officer appointed by the Minister for the purpose or (in the case of an appeal to the Minister from a refusal by such officer so to certify) by the Minister, to have been completed in a proper and workmanlike manner.

(3) The Minister may decide to pay a grant to a person or a public utility society, in instalments payable on the completion of specified portions of the erection or reconstruction of such house, and where the Minister so decides no such instalment shall be paid unless and until the appropriate portion so specified of such erection or reconstruction shall have been certified by the officer appointed by the Minister for the purpose or (in the case of an appeal to the Minister from a refusal by such officer so to certify) by the Minister, to have been completed in a proper and workmanlike manner.

(4) Any person or public utility society aggrieved by the refusal of an officer appointed by the Minister to certify under this section that any particular thing has been completed in a proper and workmanlike manner may appeal against such refusal to the Minister, and on such appeal the Minister may, as he shall think proper, either confirm such refusal or himself give the certificate so refused, and the decision of the Minister on such appeal shall be final and conclusive.

Rates of wages and conditions of labour.

8.—(1) In this section references to the commencement of a house shall be construed as referring, in the case of a house erected under a contract, to the date on which such contract was made, and, in the case of any other house, to the date on which the erection of such house was begun.

(2) This section applies to every house which is commenced after the passing of this Act and is erected either—

(a) by a local authority; or

(b) in an urban area by a public utility society; or

(c) in an urban area by a person who is by trade a builder under a contract or for the purpose of being let or sold.

(3) The Minister shall not make under this Act a grant or a contribution to annual loan charges in respect of the erection of a house to which in his opinion this section applies where it is shown to his satisfaction that throughout such erection rates of wages have not been paid or conditions of labour observed at least as advantageous to the persons employed in such erection as the appropriate rates of wages or conditions of labour generally recognised by trade unions at the commencement of such house.

Grants by urban authorities to public utility societies.

9.—(1) An urban authority may, subject to the prescribed regulations, make to any public utility society erecting a house in respect of which a grant is made by the Minister under paragraph (i) of sub-section (1) of section 5 of this Act, a grant either by way of a grant of land as a site for such house or by way of a grant of money in respect of such house or partly in one such way and partly in the other such way, but in any case not exceeding in (as the case may be) the value of such land or the amount of such money or the total of such value and such amount one-ninth of the cost of the provision of such house or fifty pounds, whichever shall be the lesser.

(2) For the purposes of this section, an urban authority shall have the like powers of acquiring land, of raising expenses and of borrowing money as are conferred on them by Part III. of the Housing of the Working Classes Act, 1890, as amended by any subsequent enactment.

(3) An urban authority may, with the sanction of the Minister, appropriate for the purposes of this section any land held by them notwithstanding that such land may have been acquired by them for another purpose.

Remission of rates and valuation of reconstructed houses.

10.—(1) A local authority, having power to levy rates, shall—

(a) in every of the first nineteen local financial years after the valuation for rating purposes of a house in respect of the erection of which a grant shall have been made by the Minister to a person or a public utility society under paragraph (a) of sub-section (1) of section 5 of this Act, remit the proportion of the rates leviable by the local authority in respect of that house in any such year specified in the second column of the Second Schedule to this Act opposite to the number of such year in the first column of the said Schedule;

(b) in every of the first seven local financial years after the valuation for rating purposes of a house in respect of which a grant shall have been made by the Minister to a person or a public utility society under paragraph (b), (c), (d), (e), (f), or (g) of sub-section (1) of section 5 of this Act remit two-thirds of the rates leviable by the local authority in respect of that house in any such year.

(2) Neither the hereditament or tenement upon which was built a house in respect of the reconstruction whereof by a person a grant shall have been made by the Minister under this Part of this Act nor such house when so reconstructed shall be liable to be valued under the Valuation Acts, in any valuation coming into force within seven years after the completion of such reconstruction, at a sum larger than the valuation in force immediately before the commencement of such reconstruction.

Section 12 of Local Government Act, 1927 , not to apply to certain houses.

11.—The provisions of section 12 of the Local Government Act, 1927 (No. 3 of 1927), shall not have effect in the case of any house or housing accommodation in respect of which a grant or contribution to annual loan charges is made by the Minister under this Part of this Act.

Increase of aggregate amount of grants under Housing Acts, 1925 to 1930.

12.—In lieu of section 61 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), repealed by this Act, it is hereby enacted that the aggregate amount of grants made or to be made under section 3 of the Housing Act, 1925 (No. 12 of 1925), as amended by section 3 of the Housing Act, 1928 (No. 31 of 1928), together with the aggregate amount of the grants made or to be made under section 3 of the Housing Act, 1929 (No. 12 of 1929), shall not exceed the sum of one million three hundred and thirteen thousand pounds.

Allocation of Irish Housing Fund.

13.—The sums liable to be paid or set apart by any local authority in respect of moneys borrowed by that authority for the purpose of the provision of houses under the Housing of the Working Classes Acts, 1890 to 1931, in respect of the expenses of the provision of which grants or contributions to annual loan charges are made by the Minister under this Part of this Act shall not be included in the annual housing charge, within the meaning of section 5 of the Housing of the Working Classes (Ireland) Act. 1908, of such local authority.

Prescribing of regulations by Minister.

14.—(1) The Minister may by order make regulations prescribing any matter or thing which is referred to in this Part of this Act as prescribed or to be prescribed or providing for any matter or thing which under this Part of this Act is to be provided for by the prescribed regulations or any other matter or thing which is necessary for carrying this Part of this Act into effect.

(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat, annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

Suspension of local Acts, bye-laws, etc.

15.—In so far as the provisions of any local Act, or of any bye-laws, rules, regulations or scheme under whatever authority made, relating to the construction, laying out, or drainage of new buildings or new streets are inconsistent with any regulations made by the Minister under this Part of this Act, those provisions shall not apply to any house in respect of the provision of which a grant or a contribution to annual loan charges is made by the Minister under this Part of this Act and which complies with the regulations so made.

PART III.

Miscellaneous.

Minister may purchase, manufacture or promote manufacture of building materials, etc.

16.—(1) The Minister may whenever, after consultation with the Minister for Industry and Commerce, it appears to him expedient so to do for the purpose of facilitating the building, reconstruction or repair of houses (including as well houses to which this Act does not apply as houses to which it does apply) in Saorstát Eireann or any part thereof, purchase, manufacture, store, transport, and sell any materials or appliances ordinarily used in the building of houses, or promote in such manner and by such means as to him shall seem proper, the manufacture of such materials and appliances in Saorstát Eireann.

(2) All materials and appliances purchased or manufactured by the Minister under this section shall be sold by the Minister to persons in Saorstát Eireann at a price (in the case of purchased materials or appliances) equal to the total of the price paid by the Minister, all transport and storage charges actually incurred by him, and five per cent. of the price paid by him, or (in case of manufactured materials or appliances) equal to the total of the net cost of the manufacture (including overhead charges and depreciation) thereof by the Minister, all transport and storage charges actually incurred, and five per cent. of the net cost aforesaid.

(3) The expenses incurred in the purchase or manufacture, the promotion of the manufacture, storage, transport, and sale of materials and appliances under this section shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas, and the proceeds of the sale of all such materials and appliances shall be paid into the Exchequer.

(4) An account on the double entry method, showing both a trading account and balance sheet, shall be kept of all transactions under this section and in such account all services rendered by any Government Department shall be charged at cost.

Power to limit prices of building materials and appliances.

17.—(1) The Minister for Industry and Commerce may at any time if he thinks fit, on the application of the Minister, hold or cause to be held a public inquiry into the cost (including the wholesale and retail prices, the transport, handling, and overhead charges, and the margin of profit) in Saorstát Eireann or any particular part or parts thereof of any materials or appliances used in the building of houses, and if he is satisfied after the holding of such public inquiry that the cost of such materials or appliances in that area is excessive and restrictive of output of building work, the Minister for Industry and Commerce may by order prescribe the maximum amount of the wholesale price or of the retail price which may be charged for such materials or appliances in that area, or the maximum amount of profit and of transport, handling and overhead charges which may be included in the wholesale or the retail price charged for such materials or appliances in that area and may at any time and from time to time by order continue, vary, or revoke all or any prices or amounts prescribed by him under this section.

(2) If any person charges in any area to which an order under this section applies a price for any material or appliance to which the order applies in excess of the price which may lawfully be charged under the same order, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and where the person guilty of such offence is a company, the chairman, managing director and every other director and manager of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his consent or connivance.

(3) This section shall not apply to the price of any material or appliance which is the subject of a contract which was bona fide entered into (whether before or after the passing of this Act) at least one month before the date of the public inquiry and of which a copy was supplied to the Minister for Industry and Commerce within one fortnight after the date of the passing of this Act or the date upon which such contract was made whichever is the later.

(4) Whenever the Minister for Industry and Commerce holds or causes to be held a public inquiry for the purposes of this section the person appointed by such Minister to hold such inquiry shall have power to take evidence on oath and for that purpose to administer oaths, and may also by order require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce documents at such inquiry, and if any person fails without reasonable cause or excuse to comply with any such order he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding fifty pounds.

Power of Minister to act in place of local authority on their default.

18.—(1) The Minister, in any case in which he is satisfied after a local inquiry that a local authority have made default in the exercise of any of their powers under the Housing of the Working Classes Acts, 1890 to 1931, or the Labourers Acts, 1883 to 1931, may by order require such local authority to exercise such of their powers under the said Acts respectively as may be specified in such order and in such manner and within such time as shall be prescribed therein, and if such local authority fail to comply with any such order within the time prescribed therein, the Minister may by a further order invest himself with and exercise all such powers of such local authority as may be necessary to remedy the default of such local authority in the exercise of their powers under the said Acts respectively.

(2) The Minister may by order vest in and transfer to a local authority in respect of which an order vesting powers in the Minister has been made under sub-section (1) of this section any property, debts, or liabilities acquired or incurred by him in the exercise by him of the powers of such local authority so vested in him, and such property, debts and liabilities shall vest and attach accordingly.

(3) Any expenses incurred by the Minister in the exercise by him of the powers of a local authority under an order made by him under this section shall in the first instance be paid out of moneys provided by the Oireachtas, but the amount certified by the Minister to have been so expended and to be properly payable by such local authority shall on, demand be paid to the Minister by such local authority and shall be recoverable as a debt due to the State, and the payment of the sum so payable to the Minister shall be a purpose for which such local authority may borrow under the Housing of the Working Classes Acts, 1890 to 1931, or the Labourers Acts, 1883 to 1931, as the case may be.

(4) It shall not be necessary, in any case where the Minister exercises under an order made by him under this section any power of a board of health of borrowing money, to obtain the consent of the county council under section 4 of the Local Government Act, 1927 (No. 3 of 1927).

(5) The powers conferred by this section shall be in addition to and not in derogation of any other powers for enforcing the Housing of the Working Classes Acts, 1890 to 1931, or the Labourers Acts, 1883 to 1931.

(6) Sub-sections (1) and (3) of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to every local inquiry held for the purposes of this section.

Official representation by medical officers of health to town commissioners.

19.—For the purpose of the making of an official representation (as defined in section 47 of the Housing (Miscellaneous Provisions) Act, 1931 ) under the Housing of the Working Classes Acts, 1890 to 1931, or under the said section 47 , to the town commissioners of any town having commissioners under the Towns Improvement (Ireland) Act, 1854 , the medical officer of health of the dispensary district and the county medical officer of health of the county in which such town is situate shall be deemed to be medical officers of health of such town commissioners.

Acquisition of land for the purposes of Labourers Acts, 1883 to 1931.

20.—(1) A board of health, acting in the execution of the Labourers Acts, 1883 to 1931, may for any of the purposes of the said Acts, but without any representation or any improvement scheme being made thereunder, acquire land by agreement or be authorised to acquire land compulsorily by means of a compulsory purchase order made by the board of health and submitted to the Minister and confirmed by him in accordance with the provisions contained in the Third Schedule to this Act and may, in either case, without any such representation or any such improvement scheme provide house accommodation on such land or otherwise utilise such land for the purposes of the said Acts.

(2) The provisions of section 17 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), as amended by this Act, with respect to the validity and date of operation of compulsory purchase orders made under that Act, as so amended, shall apply to compulsory purchase orders made under this section.

(3) The Labourers Acts, 1883 to 1931, shall be construed with such modifications as may be necessary to give effect to this section.

(4) In this section, the word “land” includes land covered with water, water and water rights.

Additional powers as to acquisition, sale and leasing of land under Labourers Acts, 1883 to 1931.

21.—(1) A board of health acting in the execution of the Labourers Acts, 1883 to 1931, may acquire land, either by agreement with the consent of the Minister or compulsorily under the powers conferred by those Acts as amended by this Act, for the purpose of selling or leasing such land or any part thereof to persons and public utility societies with a view to the erection thereon by such persons or societies of cottages suitable for occupation by agricultural labourers.

(2) Where a board of health have under the powers conferred by this section or otherwise, acquired for the purposes of the Labourers Acts, 1883 to 1931, any land, such board may, notwithstanding anything to the contrary contained in those Acts but subject to the consent of the Minister, sell or lease such land or any part thereof to any person or public utility society or, in the case of land acquired by such board under the said Acts otherwise than for the purposes of this section, to any local authority within the meaning of Part III of the Housing of the Working Classes Act, 1890, for the purpose and under the condition that such person, society, or local authority shall erect and maintain on such land such number of houses suitable for occupation by agricultural labourers as may be fixed by such board of health and in accordance with plans approved of by such board.

(3) Land sold or leased under this section shall be sold or leased at the best price or rent that can reasonably be obtained for the same having regard to any conditions imposed, and all capital money received in respect of any transaction under this section shall be applied in or towards the purchase of other land for the purposes of the Labourers Acts, 1883 to 1931, as amended by this Act or, with the consent of the Minister, to any purpose, including the repayment of borrowed money, to which capital money may properly be applied.

Expenses under Labourers Acts, 1883 to 1931.

22.—On, from and after the 1st day of April, 1933, all expenses incurred or to be incurred by a board of health in the execution of the Labourers Acts, 1883 to 1931, as amended by this Act, shall be raised by means of the poor rate equally over the area of the county health district of such board.

Amendments of Housing (Miscellaneous Provisions) Act, 1931 .

23.—(1) Section 14 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), shall have effect as if there were substituted therein for the words “the Minister” the word “themselves.”

(2) Sub-sections (3) and (4) of section 17 of the Housing (Miscellaneous Provisions) Act, 1931 , shall have effect as if for the period of six weeks therein mentioned there were substituted the period of three weeks.

(3) Paragraph (c) of sub-section (1) of section 59 of the Housing (Miscellaneous Provisions) Act, 1931 , shall have effect as if there were substituted therein for the words “fifty per centum” the words “seventy-five per centum”.

FIRST SCHEDULE.

Rules To Be Complied With By Certain Houses.

1. In these rules the expression “floor area” means the total area of all the floors of a house measured in the prescribed manner.

2. The floor area of a house shall not be less than 500 square feet nor more than 1,250 square feet.

3. A house shall contain at least three rooms.

4. Houses shall in respect of their sites, aspect, planning, construction, sanitation and number per acre comply with the prescribed conditions.

5. A house shall in respect of the size, number of rooms and necessary appurtenances be in general accordance with prescribed plans or with such other plans as may be approved by the Minister.

SECOND SCHEDULE.

PROPORTION OF RATES TO BE REMITTED.

Number of year after valuation for rating purposes

Proportion of rates to be remitted

1st

Nineteen-twentieths.

2nd

Eighteen-twentieths.

3rd

Seventeen-twentieths.

4th

Sixteen-twentieths.

5th

Fifteen-twentieths.

6th

Fourteen-twentieths.

7th

Thirteen-twentieths.

8th

Twelve-twentieths.

9th

Eleven-twentieths.

10th

Ten-twentieths.

11th

Nine-twentieths.

12th

Eight-twentieths.

13th

Seven-twentieths.

14th

Six-twentieths.

15th

Five-twentieths.

16th

Four-twentieths.

17th

Three-twentieths.

18th

Two-twentieths.

19th

One-twentieth.

THIRD SCHEDULE.

Compulsory Purchase Orders.

Provisions applicable to compulsory purchase orders made for the purposes of the Labourers Acts, 1883 to 1931, as amended by this Act.

1. A compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations—

(a) the Lands Clauses Acts (except sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845) as amended by the provisions contained in the Labourers Acts, 1883 to 1931;

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925).

2. The modifications, subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended as aforesaid, shall be incorporated in the order are as follows:—

The arbitrator shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the order having been made is published in accordance with the provisions of this Schedule if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.

3. Before submitting the order to the Minister the board of health shall—

(a) publish in one or more newspapers circulating within their district a notice in the prescribed form stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

(b) serve on every owner, lessee and occupier (except tenants for a month or a less period than a month) of any land to which the order relates, a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within and the manner in which objections thereto can be made.

4. If no objection is duly made by any of the persons upon whom notices are required to be served, or if all objections so made are withdrawn the Minister may, if he thinks fit, confirm the order with or without modification, but in any other case he shall before confirming the order 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:

Provided that—

(a) the Minister may require any person who has made an objection to state in writing the grounds thereof, and may confirm the order without causing a public local inquiry to be held if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed;

(b) the order as confirmed by the Minister shall not authorise the board of health to purchase compulsorily any land which the order would not have authorised them so to purchase if it had been confirmed without modification.

5. In construing for the purposes of this Schedule or any order made thereunder any enactment incorporated in the order this Act, together with the order, shall be deemed to be the special Act and the board of health shall be deemed to be the promoters of the undertaking.

6. In this Schedule the word “prescribed” means prescribed by the Minister.

FOURTH SCHEDULE.

Enactments Repealed.

Session and Chapter or Number and Year

Short Title

Extent of Repeal

Date of Repeal

46 & 47 Vic., c. 60.

Labourers (Ireland) Act, 1883.

Section 15.

The passing of this Act.

No. 14 of 1924.

Housing (Building Facilities) Act, 1924 .

Section 9 .

The passing of this Act.

No. 3 of 1927.

Local Government Act, 1927 .

Section 5 .

1st April, 1933.

No. 50 of 1931.

Housing (Miscellaneous Provisions) Act, 1931 .

Sections 61 and 63 ; and Part VIII.; Second Schedule , Part I, paragraph 4, sub-paragraph (b), all from the words “and so far” to the words “mortgagee thereof”; Second Schedule , Part II, all from the words “so much” to the word “mortgagees.”

The passing of this Act.