No. 24/1965:

LABOURERS ACT, 1965

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Cottage or plot, may be charged, mortgaged, subdivided or alienated.

3 Redemption of annuities.

4 Act of 1936 wholly or otherwise to cease to apply in certain circumstances.

5 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE LABOURERS ACTS, 1883 TO 1962.

[3rd November, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1936" means the Labourers Act, 1936 ;

"annuity" has the same meaning as in the Act of 1936, and includes part of such annuity;

"cottage" means a cottage provided under the Labourers Acts, 1883 to 1962, and, save where the context otherwise requires, includes the plot (if any) provided with such cottage;

"the Minister" means the Minister for Local Government.

2.—(1) Notwithstanding sections 17 and 21 of the Act of 1936, and subject to the provisions of this section, any cottage, plot or part of a plot held with a cottage may be and shall be deemed always to have been capable, during the payment period in respect of the cottage, of being charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, with the consent of the relevant council of a county.

(2) Without prejudice to any other power in that behalf, the council of a county may withhold their consent to the alienation of a cottage if they are of opinion that—

( a ) the person to whom it is intended to alienate the cottage is a person who is not in need of housing, or

( b ) the alienation would, if effected, cause or be likely to cause the person intending to make the alienation or any of his dependants to be a person without adequate or suitable housing.

(3) Where a cottage which is subject to and charged with the future payment of an annuity is intended to be sold or transferred the council of a county may, before consenting to the sale or transfer, require the annuity to be redeemed under section 3 of this Act.

(4) Where a plot or part of a plot held with a cottage which is subject to and charged with the future payment of an annuity is charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, after the passing of this Act, the council of a county shall apportion the annuity in such manner as they consider appropriate, and in the case of a sale or a transfer the council shall require to be redeemed under section 3 of this Act the part of the annuity apportioned by them in respect of the plot or the part of a plot.

(5) The council of a county may, before giving their consent to the alienation or subdivision of any cottage or the plot or any part of the plot held with the cottage, require the payment to them of an amount approved by the Minister for the purposes of this section.

3.—An annuity at any time outstanding may, if the council of a county entitled to receive the annuity think fit, be redeemed by the person liable to pay the annuity by payment to the council of such amount as may be approved by the Minister, and the premises, which but for this subsection would be subject to and charged with the payment of the annuity, shall, on receipt by the council of the amount so approved, stand freed and discharged from the payment of the annuity.

4.—(1) Where—

( a ) premises subject to and charged with the future payment of an annuity are alienated or are acquired by the council of a county to whom, before the acquisition, the annuity was required to be paid, or

( b ) an annuity is redeemed under section 3 of this Act,

all the provisions of the Act of 1936, including the statutory conditions, which but for this section would continue to apply in respect of the premises during the payment period, shall, in case the premises are so acquired or the annuity redeemed in full, cease so to apply, or in any other case, cease so to apply to such extent as the council of a county shall, by order, determine.

(2) In this section, "statutory conditions" and "payment period" have the same meanings as in section 17 of the Act of 1936.

5.—(1) This Act may be cited as the Labourers Act, 1965 .

(2) This Act may be cited together with the Labourers Acts, 1883 to 1962, as the Labourers Acts, 1883 to 1965.