No. 4/1945:

TUBERCULOSIS (ESTABLISHMENT OF SANATORIA) ACT, 1945

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citation.

2 Definitions.

3 Exemption from stamp duty.

PART II ESTABLISHMENT OF SANATORIA

4 Declaration of intention to establish sanatorium.

5 Payments by Hospitals Trust Board.

6 Transfer of sanatorium to county authority or county authorities.

7 Payment by county authority to Minister for repayment to Hospitals Trust Board.

PART III ACQUISITION OF LAND

8 General power to acquire land.

9 Preliminary order.

10 Vesting Order.

11 Registration under the Registration of Title Acts, 1891 and 1942.

12 Taking possession of and acquired compulsorily.

13 Compensation.

14 Application of Lands Clauses Acts.

15 Costs of deducing title to estates, interests, etc.

16 Entry on land.

17 Giving of copies of orders.

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ESTABLISHMENT OF SANATORIA FOR THE TREATMENT OF PERSONS SUFFERING FROM TUBERCULOSIS AND TO MAKE PROVISION FOR MATTERS INCIDENTAL TO OR CONNECTED WITH SUCH ESTABLISHMENT.

[6th March, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Tuberculosis (Establishment of Sanatoria) Act, 1945.

(2) The Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, and this Act may be cited together as the Tuberculosis Acts, 1908 to 1945.

2.—In this Act—

the expression "ancillary order" means an order under subsection (4) of section 10 of this Act ;

the expression "annual sum" does not include a rent under a contract of tenancy;

the expression "the Commissioners" means the Commissioners of Public Works in Ireland;

the expression "county authority" means the council of a county or the corporation of a county borough;

the word "easement" includes any right (other than a public right) in or over land;

the word "establishment" when used in relation to a sanatorium, includes the provision, erection and equipment of such sanatorium and also all matters preliminary or incidental to the establishment of such sanatorium, and the word "establish", when so used, shall be construed accordingly;

the word "interest", when used in relation to land, includes an incumbrance;

the expression the "Land Commission" means the Irish Land Commission;

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "preliminary order" means an order under subsection (1) of section 9 of this Act ;

the word "sanatorium" means a hospital for the treatment of persons suffering from tuberculosis, including the grounds and other amenities thereof, residences for the staff, and any ancillary departments or institutions;

the expression "the vesting date" means, in relation to land which is the subject of a vesting order, the date specified in the order as the date on which the land is to vest in the Minister;

the expression "vesting order" means an order under subsection (1) of section 10 of this Act .

3.—Stamp duty under the Stamp Act, 1891, shall not be payable on any order or transfer made under this Act.

PART II ESTABLISHMENT OF SANATORIA

4.—(1) Where the Minister is of opinion that a new sanatorium for the inhabitants of any particular area is required, he may by order declare his intention to establish such sanatorium, and thereupon he may establish such sanatorium in or near that area.

(2) The Minister shall not make an order under this section after the 31st day of March, 1948,

5.—The Minister may direct the Hospitals Trust Board to make payments out of the Hospitals Trust Fund for the purpose of defraying the expenses of the establishment under this Act of a sanatorium and the Hospitals Trust Board shall comply with such direction.

6.—(1) When the establishment under this Act of a sanatorium has, in the opinion of the Minister, been completed, the Minister shall transfer his estate or interest in the land on which the sanatorium has been established and the equipment of the sanatorium—

( a ) where there is only one county authority for the area for the inhabitants of which the sanatorium has been established to that authority, or

( b ) where there are two or more county authorities for the said area, to (as the Minister considers expedient) one of those authorities or some or all of them jointly.

(2) On and after the making of a transfer under this section of land on which a sanatorium has been established, the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913, shall apply and have effect as if the sanatorium were a hospital provided under those Acts by the county authority or county authorities to whom such land is so transferred.

(3) Where—

( a ) the Minister has acquired land compulsorily under Part III of this Act, and

( b ) immediately before the acquisition, a county authority, or two or more county authorities jointly, had an estate or interest in the land, and

( c ) the land is so transferred under this section that such county authority or any one or more of such county authorities does not or do not acquire an estate in the land,

the Minister may by order require any county authority acquiring an estate in the land by virtue of the transfer to pay to the county authority or county authorities (as the case may be) not acquiring as aforesaid an estate in the land such sum or sums as he considers reasonable.

(4) Where a sum is required under subsection (3) of this section to be paid to a county authority by another county authority, the first-mentioned authority may recover the sum from such other authority as a simple contract debt in any court of competent jurisdiction.

7.—(1) Where the Minister by a transfer under section 6 of this Act transfers to one county authority his estate or interest in the land on which a sanatorium has been established, he may by order require the county authority to pay to him, for repayment to the Hospitals Trust Board for the Hospitals Trust Fund, such portion (not exceeding one-third) as he considers reasonable of any sum paid by the Hospitals Trust Board pursuant to a direction under section 5 of this Act relating to the sanatorium.

(2) Where the Minister by a transfer under section 6 of this Act transfers to two or more county authorities his estate or interest in the land on which a sanatorium has been established, he may by order require the county authorities to pay to him in specified proportions, for repayment to the Hospitals Trust Board for the Hospitals Trust Fund, such portion (not exceeding one-third) as he considers reasonable of any sum paid by the Hospitals Trust Board pursuant to a direction under section 5 of this Act relating to the sanatorium.

(3) Where a sum is required under this section to be paid to the Minister by a county authority, the Minister may recover the sum from such authority as a simple contract debt in any court of competent jurisdiction.

(4) A sum received by the Minister consequent upon a requisition under this section shall be repaid by him to the Hospitals Trust Board for the Hospitals Trust Fund.

PART III ACQUISITION OF LAND

8.—For the purposes of the establishment of a sanatorium under this Act, the Minister may acquire land either by agreement or compulsorily.

9.—(1) Where the Minister intends to acquire any land compulsorily for the purposes of the establishment under this Act of a sanatorium, he shall, subject to the provisions of this section, make an order declaring such intention and shall, as soon as conveniently may be, after making the order—

( a ) post a copy of the order on or near the land, and

( b ) give a copy of the order to every person who appears to the Minister to have any estate or interest in the land and whose name can be ascertained by reasonable inquiries, and

( c ) publish a copy of the order in a newspaper circulating in an area in which the land is situated.

(2) Where the Minister proposes to make a preliminary order in relation to land which is held or occupied by a body corporate for the purposes of a railway, tramway, dock, harbour or canal, the Minister shall, before making the order, consult the Minister for Industry and Commerce.

(3) A preliminary order shall contain a map or plan showing the land to which the order relates.

(4) The map or plan contained in a preliminary order may be omitted from the copies of the order posted and published in pursuance of paragraphs (a) and (c) of subsection (1) of this section, but a copy of such map or plan shall be deposited in the Custom House, Dublin, and shall be there kept open for inspection at reasonable times and the said copies of the order shall be accompanied by a statement that such map or plan is deposited and kept open for inspection as aforesaid.

10.—(1) At any time after the expiration of twenty-one days after complying in relation to a preliminary order with the requirements of subsection (1) of section 9 of this Act , the Minister may, subject to the provisions of this section, make an order vesting the whole or any part of the land to which the preliminary order relates in the Minister on a specified date not earlier than thirty days after the making of the vesting order.

(2) A vesting order shall—

( a ) contain a map or plan showing the land to which the order relates,

( b ) without prejudice to subsections (3) and (4) of this section, be expressed and operate to vest the land in the Minister on the vesting date in fee simple subject—

(i) to any easements affecting the land, and

(ii) to any public rights affecting the land, and

(iii) to any annual sum payable in respect of the land, whether alone or in conjunction with other land, to the Land Commission or the Commissioners,

but, save as aforesaid, free from all claims whether in respect of estates or interests in the land or otherwise.

(3) Where the Minister makes a vesting order in relation to any land (in this subsection referred to as the acquired land) which is subject, in conjunction with other land, to an annual sum payable to the Land Commission or the Commissioners—

( a ) the Minister shall give to the Land Commission or the Commissioners (as the case may be) notice of the order and such notice shall set out particulars of the acquired land,

( b ) the Land Commission or the Commissioners (as the case may be) shall, as soon as may be after the receipt of such notice, either—

(i) apportion, with effect as on and from the vesting date, the annual sum in such manner as they consider proper between the acquired land and the other land, or

(ii) charge, with effect as on and from the vesting date, the whole of the annual sum on either the acquired land or the other land.

(4) Where the Minister makes a vesting order in relation to any land, he may by such order or a subsequent order under this subsection do either or both of the following things, that is to say:—

( a ) declare that any specified public right affecting the land shall terminate or that all public rights affecting the land shall terminate,

( b ) declare that any specified easement affecting the land shall terminate or that all easements affecting the land shall terminate, and any public right or easement to which the declaration relates shall terminate on (as may be appropriate) the vesting date or the date on which such subsequent order is made.

(5) Where the Minister makes a vesting order, he shall, not later than twenty-one days after making the order—

( a ) post a copy of the order on or near the land to which the order relates, and

( b ) give a copy of the order to every person who appears to the Minister to have had, immediately before the making of the order, any estate or interest in the land and whose name can be ascertained by reasonable inquiries,

( c ) publish a copy of the order in a newspaper circulating in an area in which the land is situate.

(6) Where any easement is terminated by a vesting order or an ancillary order, the Minister shall, not later than twenty one days after making the order, give a copy of the order to the person who appears to the Minister to have been, immediately before the making of the order, entitled to the easement, provided that such person's name can be ascertained by reasonable inquiries.

(7) Where any public right is terminated by a vesting order or an ancillary order, the Minister may, if he thinks it necessary, arrange for a right to be exercisable by the public in lieu of the terminated right.

(8) The map or plan contained in a vesting order may be omitted from the copies of the order posted and published in pursuance of paragraphs ( a ) and ( c ) of subsection (5) of this section, but a copy of such map or plan shall be deposited in the Custom House, Dublin, and shall be kept open for inspection at reasonable times and the said copies shall be accompanied by a statement that such map or plan is deposited and kept open for inspection as aforesaid.

11.—(1) When the Minister makes a vesting order in relation to any land, he shall send the order to the registering authority under the Registration of Title Acts, 1891 and 1942, and thereupon that authority shall cause the Minister to be registered under the said Acts as owner of the land in accordance with the order.

(2) Where the Minister makes an ancillary order, he shall send the order to the registering authority under the Registration of Title Acts, 1891 and 1942.

(3) Where any public right or easement affecting land is terminated by virtue of a vesting order or an ancillary order, the registering authority to whom the order is sent in pursuance of this section shall cause particulars of such termination to be noted in the folio relating to the land.

(4) No fee shall be payable by the Minister in respect of any registration or noting pursuant to this section.

12.—(1) The Minister may enter on and take possession of the land to which a vesting order relates on or at any time after the vesting date.

(2) If any person obstructs or interferes with the entry on or taking possession of any land under this section, such person shall, without prejudice to any proceedings which the Minister may take in order to obtain possession of the land, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or to imprisonment for any term not exceeding three months or, at the discretion of the Court, to both such fine and such imprisonment.

13.—(1) Where a vesting order is made in relation to any land, the Minister shall pay to every person who had, immediately before the vesting date, any estate or interest therein which has been vested in the Minister, compensation in respect of such estate or interest.

(2) Where any land which is the subject of a vesting order was, immediately before the vesting date, subject to any easement and the easement has been terminated under this Act, the Minister shall pay to the person who was, immediately before such termination, entitled to the easement, compensation in respect of such termination.

(3) Subject to subsection (4) of this section, where compensation is payable under subsection (1) or (2) of this section to any person, there shall also be paid to that person interest on the amount of the compensation at the rate of three pounds per cent per annum from the vesting date, or, in, case the compensation is payable in respect of the termination of an easement, the date of termination, to the date when the compensation is paid or, if the compensation is deposited under the Lands Clauses Consolidation Act, 1845, to the date of deposit.

(4) Where—

( a ) a vesting order is made in relation to any land or any easement is terminated under this Act, and

( b ) the Minister has made an unconditional offer in writing of any sum as compensation in respect of any estate or interest in the land or in respect of such termination, to the person who was entitled to such estate or interest or to such easement, and

( c ) the offer is not accepted by such person, and

( d ) the sum awarded as compensation to such person by the official arbitrator does not exceed the sum so offered,

no interest shall be paid on such compensation in respect of any period after the date of the offer.

(5) Notwithstanding anything contained in the foregoing subsections of this section, the Minister shall not be liable to pay compensation pursuant to this section to a county authority.

14.—(1) The Lands Clauses Acts shall apply in respect of the assessment of compensation payable under this Part of this Act and, for the purposes of such application, the Minister shall be deemed to be the promoter of the undertaking and this Part of this Act and the relevant order thereunder shall be deemed to be the special Act.

(2) In any application by virtue of subsection (1) of this section of the Acquisition of Land (Assessment of Compensation) Act, 1919, that Act shall apply subject to the following modifications:—

( a ) the reference in subsection (1) of section 1 to a Government Department shall be construed as a reference to the Minister,

( b ) the reference in the said subsection (1) to a lease shall be construed as including a reference to a fee farm grant or any contract of tenancy,

( c ) sections 7 and 8 shall not apply.

(3) Sections 69, 70, 71, 72, 73, 74, 76, 78, 79 and 80 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable under this Part of this Act, and, for the purposes of such application, the Minister shall be deemed to be the promoter of the undertaking and this Part of this Act and the relevant order thereunder shall be deemed to be the special Act.

15.—Where compensation is payable under this Part of this Act to any person in respect of any estate or interest in land or in respect of any easement terminated, then, unless the compensation is deposited under section 76 of the Lands Clauses Consolidation Act, 1845, by reason of the wilful refusal of such person to receive the compensation or the wilful neglect of such person to make out a good title to such estate, interest or easement, the Minister shall pay to such person the costs incurred by him in deducing, evidencing and verifying the title to such estate, interest or easement, and section 83 of the Lands Clauses Consolidation Act, 1845, shall apply in respect of such costs and, for the purposes of such application, the Minister shall be deemed to be the promoter of the undertaking.

16.—(1) Any officer or agent of the Minister, being authorised in writing by the Minister to exercise the powers conferred by this section, may enter on any land between the hours of 9 a. m. and 6 p.m. on any day for the purpose of ascertaining whether the land is suitable for use in the establishment of a sanatorium and may do on the land all such things as are reasonably necessary for the said purpose.

(2) Any person who by act or omission obstructs an officer or agent of the Minister in the lawful exercise of a power conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

17.—(1) Where a copy of an order is required by this Part of this Act to be given to any person, the copy may be given to such person—

( a ) by delivering it to him, or

( b ) by sending it by post in a prepaid registered letter addressed to him at an address in the State at which he ordinarily resides or carries on business, or

( c ) by sending it by post in a prepaid registered letter addressed to an agent of such person at an address in the State at which such agent ordinarily resides or carries on business.

(2) A copy of an order required by this Part of this Act to be given to a person shall be deemed to have been given to him if the Minister certifies that it is not reasonably practicable to give the copy in accordance with subsection (1) of this section and causes a copy of the order to be published in the Irish Oifigiúil,

(3) Where an order of which the Minister causes a copy to be published in the Irish Oifigiúil, in pursuance of subsection (2) of this section contains a map or plan, the map or plan may be omitted from the copy of the order so published, but a copy of the map or plan shall be deposited in the Custom House, Dublin, and shall be there kept open for inspection at reasonable times and the copy of the order so published shall be accompanied by a statement that the map or plan is deposited and kept open for inspection as aforesaid.

(4) The validity or effect of any order made under this Part of this Act shall not be affected by any non-compliance with any provision contained in this Part of this Act requiring a copy of the order to be given to any particular person.

(5) For the purpose of giving, in pursuance of this Part of this Act, a copy of an order to a company registered under the Companies Acts, 1908 to 1924, the company shall be deemed to be ordinarily resident at its registered office.

(6) For the purpose of giving, in pursuance of this Part of this Act, a copy of an order to a corporate body (other than a company registered under the Companies Acts, 1908 to 1924) or to an unincorporated body, such body shall be deemed to be ordinarily resident at its principal office or place of business in the State.