No. 31/1956:

HOUSING (AMENDMENT) ACT, 1956

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title, construction and collective citation.

2 Definitions.

3 Regulations.

4 Expenses.

5 Repeals.

PART II FINANCIAL PROVISIONS

6 Continuance of certain sections.

7 Amendment of section 16 of and Second Schedule to Act of 1948.

8 Amendment of section 10 of Act of 1952 and section 10 of Act of 1954.

9 Amendment section 12 of Act of 1954.

10 Schemes for guarantees.

11 Grants for provision and installation of private water supply and private sewerage facilities.

PART III CONTROL OF CERTAIN PREMISES

12 Amendment of sections 7, 8 and 9 of Act of 1948.

PART IV HOUSING OF THE WORKING CLASSES

13 Acquisition of land for streets, etc.

PART V LABOURERS COTTAGES

14 Amendment of section 12 (2) (b) (i) of Labourers Act, 1936.

15 Amendment of section 18 of Labourers Act, 1936.

16 Amendment of section 24 of Act of 1950.

17 Sale under section 35 of Act of 1952 of house.

18 Amendment of powers to annul or confirm compulsory purchase orders.

PART VI ACQUISITION OF SMALL DWELLINGS

19 Amendment of section 1 of Act of 1899.

20 Rate of interest on advances under Act of 1899.

SCHEDULE

AN ACT TO MAKE FURTHER AND BETTER PROVISION WITH RESPECT TO HOUSING, TO AMEND AND EXTEND THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1954, THE HOUSING OF THE WORKING CLASSES ACTS, 1890 TO 1954, THE LABOURERS ACTS, 1883 TO 1954, AND THE SMALL DWELLINGS ACQUISITION ACTS, 1899 TO 1954, AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[25th July, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Housing (Amendment) Act, 1956 .

(2) This Act in so far as it amends the Housing of the Working Classes Acts, 1890 to 1954, the Labourers Acts, 1883 to 1954, the Small Dwellings Acquisition Acts, 1899 to 1954, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1954, shall be read and construed as one therewith respectively and may be cited together therewith as the Housing of the Working Classes Acts, 1890 to 1956, the Labourers Acts, 1883 to 1956, the Small Dwellings Acquisition Acts, 1899 to 1956, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1956.

2.—In this Act—

"the Act of 1899" means the Small Dwellings Acquisition Act, 1899;

"the Act of 1948" means the Housing (Amendment) Act, 1948 (No. 1 of 1948);

"the Act of 1950" means the Housing (Amendment) Act, 1950 (No. 25 of 1950);

"the Act of 1952" means the Housing (Amendment) Act, 1952 (No. 16 of 1952);

"the Act of 1954" means. the Housing (Amendment) Act, 1954 (No. 16 of 1954);

"housing authority" means in the case of—

( a ) a county health district, the council of the county in which such county health district is situate,

( b ) a county or other borough, the corporation of such county or other borough, and

( c ) an urban district, the council of such urban district;

"the Housing of the Working Classes Acts" means the Housing of the Working Classes Acts, 1890 to 1954, as amended by this Act;

"the Labourers Acts" means the Labourers Acts, 1883 to 1954, as amended by this Act;

"the Minister" means the Minister for Local Government.

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

(2) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to that provision of the Minister for Finance.

4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be, sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5.—Each enactment mentioned in the Schedule to this Act is hereby repealed to the extent specified in the third column of that Schedule.

PART II FINANCIAL PROVISIONS

6.—(1) The reference to the 1st day of April, 1956, contained (by virtue of section 6 of the Act of 1954) in paragraph (a)of subsection (1) of section 16 of the Act of 1948, paragraph (a)of subsection (1) of section 20 of that Act and paragraph (a)of subsection (1) of section 24 of the Act of 1952 shall be construed as a reference to the 1st day of April, 1958.

(2) The reference to the 1st day of April, 1956, contained (by virtue of section 6 of the Act of 1954) in paragraph (b) of subsection (2) of section 19 of the Act of 1948 and paragraph (a)of subsection (1) of section 6 of the Act of 1950 shall be construed as a reference to the 1st day of April, 1957.

(3) The reference to the 1st day of April, 1956, contained in paragraph (b) of subsection (1) of section 13 of the Act of 1954 shall be construed as a reference to the 1st day of April, 1957.

(4) Subsections (1), (2) and (3) of this section shall have and be deemed to have had effect as on and from the 1st day of April, 1956.

7.—(1) Section 16 of the Act of 1948 is hereby amended by the substitution of the following subparagraph for subparagraph (ii) of paragraph (c)of subsection (1):

"(ii) in the case of reconstruction-by the person who reconstructed."

(2) The Second Schedule to the Act of 1948 is hereby amended by the deletion in the first column of that Schedule of "for own occupation".

(3) Subsection (1) of section 9, subsection (1) of section 10 and section 11 of the Act of 1952 are each hereby amended by the insertion of "and of which, in the case of a grant related to erection, reconstruction or purchase, he is the occupier when the erection, reconstruction or purchase is completed" after "for which a relevant grant is made".

(4) ( a ) Subject as hereinafter provided, this subsection applies to every instrument giving effect to the purchase of a house upon the erection thereof.

( b ) Section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), and section 24 of the Finance Act, 1949 (No. 13 of 1949), shall not apply to any instrument to which this subsection applies and, in lieu thereof, such stamp duties shall be chargeable as would have been chargeable if those sections had not been enacted.

( c ) Paragraph (b) of this subsection shall have effect if, but only if, there is endorsed on the instrument a certificate under the seal of the Minister for Local Government that a grant under section 16 of the Act of 1948 has been or will be made in respect of the house so purchased, not being a grant to a public utility society or to the occupier of the house when erection thereof is completed.

( d ) Where—

(i) an instrument has been charged with stamp duty in accordance with section 13 of the Finance (No. 2) Act, 1947 , or with section 24 of the Finance Act, 1949 ,

(ii) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and

(iii) it is shown to the satisfaction of the Revenue Commissioners that there could properly have been endorsed on the instrument a certificate under paragraph (c) of this subsection,

the instrument shall be deemed to have endorsed on it such certificate and to have been chargeable with duty accordingly, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped.

( e ) In any such case as is referred to in paragraph (d) of this subsection, the Revenue Commissioners may repay the difference between the amount of duty actually charged on the instrument and the amount deemed to be chargeable thereon by virtue of paragraph (d) of this subsection, provided that the application for repayment is made within two years after the date of the instrument.

8.—(1) Subsection (1) of section 10 of the Act of 1952 shall, as respects relevant grants allocated on or after the 17th day of July, 1956, have effect as if each of the amounts specified in paragraphs (i) to (iv) were increased by £104.

(2) Subsection (2) of section 10 of the Act of 1952 is hereby amended, as respects relevant grants allocated on or after the 17th day of July, 1956, by the substitution of "the spouse of such person where such person is married" for "every member of such person's family who resided with him during that year and who may reasonably be expected to reside with him in the house."

(3) Subsection (2) of section 10 of the Act of 1954 shall, as respects relevant grants allocated on or after the 17th day of July, 1956, have effect as if each of the amounts specified in paragraphs (a) to (d) were increased by £104.

9.—(1) In applying paragraph (a) of subsection (1) of section 12 of the Act of 1954, the reference to £80 shall, in relation to a separate dwelling with more than three rooms, be construed—

( a ) in the case of a separate dwelling with five or more rooms— as a reference to £120, and

( b ) in any other case—as a reference to £100.

(2) Paragraph (b) of subsection (1) of section 12 of the Act of 1951 is hereby amended by the insertion of "or section 11 of the Housing (Amendment) Act, 1956 " after "section 7 of the Act of 1952".

10.—(1) A housing authority may, in accordance with a scheme approved of by the Minister, guarantee part of an advance (including an advance made before the making of the scheme) by a building society or an assurance company for the purchase or erection of a house together with interest thereon.

(2) For the purposes of a scheme under this section, a housing authority shall have the like powers of borrowing as are conferred on them for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.

(3) The Minister, with the consent of the Minister for Finance, may recoup out of moneys provided by the Oireachtas not more than fifty per cent. of the expenditure by a housing authority in meeting a guarantee under a scheme under this section if the Minister is satisfied—

( a ) that the guarantee was given in relation to such part of the advance as represents the excess of the advance over the advance that would have been made if the guarantee had not been given, and

( b ) that the amount paid by the housing authority in meeting the guarantee did not exceed two-thirds of the, loss which arose from the making of that part of the advance.

(4) The making of a scheme under this section shall be reserved function for the purposes of the County Management Acts, 1940 to 1955, and for the purposes of the Acts relating to the management of any county borough.

(5) In this section—

"building society" means a society to which the Building Societies Acts, 1874 to 1942, apply;

"assurance company" has the same meaning as in the Insurance Act, 1936 (No. 45 of 1936).

11.—(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a person providing and installing in a dwelling-house a private water supply, a grant not exceeding £40, if—

(i) the dwelling-house is situate in an area where, at the date of the application for the grant, no public piped water supply has been provided or is being provided, and

(ii) the provision and installation of the water supply commence on or after the day of the passing of this Act and are completed on or before the 1st day of April, 1958, and comply with the conditions set out in the said regulations.

(2) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a person providing and installing in a dwelling-house private sewerage facilities, a grant not exceeding £20, if—

(i) the dwelling-house is situate in an area where, at the date of the application for the grant, no public sewerage scheme has been provided or is being provided, and

(ii) the provision and installation of the sewerage facilities commence on or after the day of the passing of this Act and are completed on or before the 1st day of April, 1958, and comply with the conditions set out in the said regulations.

(3) Where the Minister makes a grant under this section, the valuation of the tenement consisting of or including the dwelling-house shall not, on any valuation or revision of the valuation thereof com in, into force within seven years after the completion of the provision and installation, be increased on account of any increase in the value of such tenement arising from the provision and installation.

(4) The Minister may make regulations for the purposes of this section.

(5) The reference to the 1st day of April, 1956, contained (by virtue of subsection (2) of section 6 of the Act of 1954) in paragraph (b) of subsection (1) of section 7 of the Act of 1952 shall be construed as a reference to the 1st day of April, 1957.

(6) A grant shall not be made under section 7 of the Act of 1952 and under this section in respect of the same dwelling-house.

(7) Subsection (2) of section 6 of the Act of 1950 shall not apply in relation to a grant under this section.

(8) A grant made under this section shall be a relevant grant for the purposes of sections 9, 10 and 11 of the Act of 1952.

(9) Subsection (5) of this section shall have and be deemed to have had effect as on and from the 1st day of April, 1956.

PART III CONTROL OF CERTAIN PREMISES

12.—(1) Subsection (1) of section 7 of the Act of 1948 is hereby amended by the substitution of "for dwelling purposes the whole or part of" for "as a dwelling house".

(2) Subsection (1) of section 8 of the Act of 1948 is hereby amended by the substitution of "for dwelling purposes the whole or part of" for "as a dwelling house".

(3) Section 9 of the Act of 1948 is hereby amended by the substitution of "for dwelling purposes of the whole or part" for "as a dwelling house" where the latter words occur firstly.

(4) Section 7 or section 8 of the Act of 1948, as amended by this section, shall not apply in the case of a use otherwise than for dwelling purposes of part only of a habitable house whereof that part of the house was so used immediately before the passing of this Act.

(5) Section 8 of the Act of 1948, as amended by subsection (2) of this section, shall continue in force until the 31st day of December, 1958.

PART IV HOUSING OF THE WORKING CLASSES

13.—The power to acquire land for the purposes of Part III of the Housing of the Working Classes (Ireland) Act, 1890 may be exercised in respect of land proposed to be used for public streets or roads, playing fields, parks or open spaces, whether such streets, roads, playing fields, parks or open spaces are to be provided in relation to houses already built or to houses proposed to be built.

PART V LABOURERS COTTAGES

14.—(1) Subparagraph (i) of paragraph (b) of subsection (2) of section 12 of the Labourers Act, 1936 (No. 24 of 1936), is hereby amended by the addition thereto of "having provided a cottage situate on state land, has become owner in fee simple of that land, or".

(2) In a case to which, by virtue of this section, subsection (2) of section 12 of the Labourers Act, 1936 , applies immediately upon the passing of this Act, the period during which the obligations imposed by that subsection are to be fulfilled shall be taken to be the period of twelve months beginning on the passing of this Act.

15.— Section 18 of the Labourers Act, 1936 (No. 24 of 1936), is hereby amended by the addition of the following subsection:

"(3) Where works have been carried out pursuant to subsection or in a cottage—

( a ) a vesting order in respect of the cottage shall thereupon be made,

( b ) the purchaser of the cottage may, not later than the expiration of the period of thirty days beginning on the date on which he is notified of the making of the vesting order, notify the Minister of any doubt, dispute or question with respect to the works which he wishes the Minister to determine pursuant to subsection (2) of this section, and

( c ) if the Minister is notified as aforesaid and determines that further works are to be carried out, neither the fact that the vesting order has been made nor its terms shall be taking as preventing the further works being carried out."

16.—Section 24 of the Act of 1950 is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) ( a ) The council of a county by whom a cottage is let under this section may declare that the person to whom the cottage is let is a qualified person for the purposes of section 16 of the Labourers Act, 1936 (No. 24 of 1936), and such person shall thereupon be a qualified person for those purposes.

( b ) The making of a declaration under this subsection shall be a reserved function for the purposes of the County Management Acts, 1940 to 1955."

17.—Upon a sale under section 35 of the Act of 1952 of a house, the housing authority may, if they think fit, agree to the price being paid by instalments or to the payment of part thereof being secured by a mortgage of the premises.

18.—(1) Any annulment or confirmation pursuant to paragraph (a), ( b ) or (c) of Article 4 of the Third Schedule to the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932), as amended by section 42 of the Act of 1948, may be effected either in one stage at one time or in two or more stages at different times.

(2) In a case in which, by virtue of this section, a confirmation to which section 17 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), relates is effected in two or more stages, that section shall have effect as if—

( a ) subsection (2), required publication and service of notice, in relation to each such stage stating that the order has been confirmed in so far as it related to the land to which that stage related,

( b ) subsection (3) applied in relation to each such publication of notice, and

( c ) subsection (4) provided that the order shall, as respects the land to which any such stage related, become operative at the expiration of six weeks from the date on which notice relating to that stage is published.

(3) In a case in which, by virtue of this section, a first or second confirmation within the meaning of section 43 of the Act of 1948 is effected in two or more stages, that section shall have effect as if—

( a ) subsection (3) or subsection (4) (as may be appropriate) required publication of notice, in relation to each such stage, stating that the order has been confirmed in so far as it related to the land to which that stage related,

( b ) subsection (6) provided that the order shall, as respects the land to which any such stage related, become operative at the expiration of three weeks from the date on which notice relating to that stage is published, and

( c ) in the case of a second confirmation, subsection (5) applied in relation to each such stage as if that stage were the second confirmation.

PART VI ACQUISITION OF SMALL DWELLINGS

19.—Subsection (1) of section 1 of the Act of 1899, as amended by 34 of the Housing (Ireland) Act, 1919, is hereby amended—

( a ) by the substitution of "ninety-five per centum" for "ninety per centum", and

( b ) the insertion after "the market value of the ownership" of "excluding from that market value a grant under any enactment".

20.—The rate of interest on advances under section 1 of the Act of 1899 shall, as regards any advance made after the passing of this Act, be at such rate as in a be fixed by the local authority making the advance.

Section 3.

SCHEDULE

REPEALS.