HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 (1931_act_50) | IE

ISB Act 1931-12-22

Schedule 1 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 Open official source

FIRST SCHEDULE Clearance Orders.

Clearance Orders.

1. A clearance order shall be in the prescribed form and shall describe by reference to a map the area to which it applies, and shall fix by reference to the date on which it becomes operative the period not being less than twenty-eight days from that date, within which the local authority require the buildings in the area to be vacated for the purposes of demolition, and for that purpose may fix different periods as respects different buildings.

2. Before submitting the order to the Minister the local authority shall—

(a) publish in one or more newspapers circulating within their district a notice in the prescribed form stating the fact of such 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 building included in the area to which the order relates and so far as it is reasonably practicable to ascertain such persons, on every mortagee thereof, 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.

3. So soon as may be after the required notices have been given, the local authority shall submit the order to the Minister for confirmation.

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is duly made by any of the persons upon whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order with or without modification; but in any other case he shall, before confirming the order, cause a public local inquiry to be held and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order, either with or without modification: provided that the order as confirmed by the Minister shall not apply to any building to which the order would not have applied if it had been confirmed without modification.

5. The Minister may confirm an order notwithstanding that the effect of the modifications made by him in excluding any buildings from the clearance area is to sever that area into two or more separate and distinct areas, and in any such case the provisions of this Act relating to the effect of an order when confirmed and to the proceedings to be taken subsequent to the confirmation thereof shall apply as if those areas formed one clearance area.

ISB Act 1931-12-22

Schedule 2 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 Open official source

SECOND SCHEDULE. Compulsory Purchase Orders.

Compulsory Purchase Orders.

PART I.

Provisions applicable in the case of Compulsory Purchase Orders made for the purposes of this Act and subject to the modifications contained in Part II of this Schedule in the case of such Orders made for the purposes of Part III of the Act of 1890.

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 Second Schedule to the Act of 1890 and the Housing of the Working Classes Acts;

(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:—

(i) The compensation shall be assessed in accordance with such of the provisions of the Housing of the Working Classes Acts relating to the assessment of compensation in respect of land purchased compulsorily as are applicable to the particular case;

(ii) 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. If the order is made in connection with a clearance area it shall show in the prescribed manner what parts, if any, of the land to be purchased compulsorily are outside the clearance area.

4. Before submitting the order to the Minister the local authority 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, and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee thereof, 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.

5. 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—

(i) authorise the local authority to purchase compulsorily any land which the order would not have authorised them so to purchase if it had been confirmed without modification;

(ii) authorise the authority to purchase as being land comprised in a clearance area any land shown in the original order as being outside that area;

(c) if the Minister is of opinion that any land included by the local authority in a clearance area ought not to have been so included, he shall in confirming the order so modify it as to exclude that land for all purposes from the clearance area; but if in any such case he is of opinion that the land may properly be purchased by the authority under section seven of this Act, he shall further modify the order so as to authorise the local authority to purchase that land under the said section seven and not as being land comprised in the clearance area.

6. The Minister may confirm an order made in connection with a clearance area notwithstanding that the effect of the modifications made by him in excluding any buildings from the clearance area is to sever that area into two or more separate and distinct areas, and in any such case the provisions of this Act relating to the effect of an order when confirmed and to the proceedings to be taken subsequent to the confirmation thereof shall apply as if these areas formed one clearance area.

7. In construing for the purpose 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 local authority shall be deemed to be the promoters of the undertaking.

PART II

Modifications of Part I of this Schedule in the application thereof to Compulsory Purchase Orders made for the purposes of Part III of the Act of 1890.

The provisions contained in Part I of this Schedule shall apply to the making, submission and confirmation of compulsory purchase orders made for the purposes of Part III of the Act of 1890 subject to the following modifications, that is to say: paragraph 3, so much of paragraph 4 as requires the service of notices on mortgagees and the provisos (b) (ii) and (c) to paragraph 5 shall not apply.

ISB Act 1931-12-22

Schedule 3 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 Open official source

THIRD SCHEDULE.

PART I.

Rules as to Assessment of Compensation applicable in the case of land comprised in a clearance area.

The arbitrator shall assess the compensation to be paid for the land, including any buildings thereon, as the value at the time the valuation is made of the land as a site cleared of buildings 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 such land.

PART II.

Rules as to Assessment of Compensation applicable in the case of land purchased under Part II of this Act, not being land comprised in a Clearance Area.

1. If the arbitrator is satisfied with respect to any premises that the rental thereof was enhanced by reason of their being used for illegal purposes, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the compensation shall so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes and only by the number of persons whom the premises were, under all the circumstances of the case, fitted to accommodate without such overcrowding.

2. If the arbitrator is satisfied that any premises are in a state of defective sanitation or are not in reasonably good repair the compensation shall be the estimated value of the premises if put into a sanitary condition, or reasonably good repair, less the estimated expense of putting them into such condition or repair.

3. The local authority may tender evidence as to the matters aforesaid, notwithstanding that they have not taken any steps with a view to remedying the defects or evils disclosed by the evidence.

4. The arbitrator shall have regard to and make an allowance in respect of any increased value which, in his opinion, will be given to other premises of the same owner by the demolition by the local authority of any buildings.

ISB Act 1931-12-22

Schedule 4 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 Open official source

Fourth schedule. MINOR AND CONSEQUENTIAL AMENDMENTS OF HOUSING ENACTMENTS.

MINOR AND CONSEQUENTIAL AMENDMENTS OF HOUSING ENACTMENTS.

Enactment Amended

Manner and Extent of Amendment

The Housing of the Working Classes Act, 1890.

1. In sub-section (7) of section 8 for the words “they think fit” there shall be substituted the words “the Minister thinks fit,” and for the words from “any person” to “compulsorily” the words “any owner of any lands included in a clearance order or compulsory purchase order made under this Part of this Act,” and for the word “scheme” at the end of the said sub-section the word “order.” 2. In sub-section (8) of section 8 for the words “any provisional order under this Part of this Act,” there shall be substituted the words “such order as aforesaid.” 3. In sub-sections (7), (8) and (9) of section 8 for the words “the confirming authority” there shall be substituted the words “the Minister.” 4. The following sub-section shall be added to section 36:— (5) Any person aggrieved by a charging order made under this section may appeal against the same to the Circuit Court whose decision shall be final and not subject to any appeal. 5. In sub-section (2) of section 47 for the words from “the dwelling house” to “Act, and that” there shall be substituted the words “a dwelling house in respect of which a notice requiring the execution of works has been served or a clearance order or demolition order has been made, that owing to the default of any other owner of the house in executing any works required to be executed on the house or in the demolition of the house”; and for the word “building” where the same lastly occurs, the word “house”; and the words “or to claim to retain the site” shall be omitted. 6. In sub-section (3) of section 47 the words from “or the time” to the end of the sub-section shall be omitted. 7. In section 48 there shall be added after the word “made,” the words “or a notice requiring the execution of works is served,” and after the words “any such order,” the words “or notice.” 8. In section 43 the words “raising sums required for purchase money or compensation payable under” shall be omitted.

1. In sub-section (7) of section 8 for the words “they think fit” there shall be substituted the words “the Minister thinks fit,” and for the words from “any person” to “compulsorily” the words “any owner of any lands included in a clearance order or compulsory purchase order made under this Part of this Act,” and for the word “scheme” at the end of the said sub-section the word “order.”

2. In sub-section (8) of section 8 for the words “any provisional order under this Part of this Act,” there shall be substituted the words “such order as aforesaid.”

3. In sub-sections (7), (8) and (9) of section 8 for the words “the confirming authority” there shall be substituted the words “the Minister.”

4. The following sub-section shall be added to section 36:—

(5) Any person aggrieved by a charging order made under this section may appeal against the same to the Circuit Court whose decision shall be final and not subject to any appeal.

5. In sub-section (2) of section 47 for the words from “the dwelling house” to “Act, and that” there shall be substituted the words “a dwelling house in respect of which a notice requiring the execution of works has been served or a clearance order or demolition order has been made, that owing to the default of any other owner of the house in executing any works required to be executed on the house or in the demolition of the house”; and for the word “building” where the same lastly occurs, the word “house”; and the words “or to claim to retain the site” shall be omitted.

6. In sub-section (3) of section 47 the words from “or the time” to the end of the sub-section shall be omitted.

7. In section 48 there shall be added after the word “made,” the words “or a notice requiring the execution of works is served,” and after the words “any such order,” the words “or notice.”

8. In section 43 the words “raising sums required for purchase money or compensation payable under” shall be omitted.

9. In section 89 for the words “the confirming authority mentioned in Part I of this Act” there shall be substituted the words “the Minister or any person authorised to enter houses, premises or buildings in pursuance of this Act,” and there shall be added after the word “authority” where the same lastly occurs, the words “or person.” 10. In article 6 of the Second Schedule for the word “three” there shall be substituted the word “two.”

9. In section 89 for the words “the confirming authority mentioned in Part I of this Act” there shall be substituted the words “the Minister or any person authorised to enter houses, premises or buildings in pursuance of this Act,” and there shall be added after the word “authority” where the same lastly occurs, the words “or person.”

10. In article 6 of the Second Schedule for the word “three” there shall be substituted the word “two.”

The Housing of the Working Classes (Ireland) Act, 1908.

11. In the definition of the expression working classes in section 16, for the words “thirty shillings” there shall be substituted the words “three pounds.”

ISB Act 1931-12-22

Schedule 5 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931 Open official source

Fifth Schedule. ENACTMENTS REPEALED.

ENACTMENTS REPEALED.

Session and Chapter

Short Title

Extent of Repeal

53 & 54 Vic. Ch. 70.

The Housing of the Working Classes Act, 1890.

Part I with the exception of section 3; sub-section (7) to (9) of section 8; and sections 24, 25 and 26 thereof; Part II with the exceptions of sections 36 and 37; sections 42 to 44; sub-sections (1), (2) and (4) of section 47; and section 48 thereof; and sections 77 and 78 in Part IV.

57 & 58 Vic. Ch. 55.

The Housing of the Working Classes Act, 1894.

The whole Act.

8 Ed. VII. Ch. 61.

The Housing of the Working Classes (Ireland) Act, 1908

Sub-section (2) of section 3; section 6; sections 9 and 10; section 13.

9 & 10 Geo. V. Ch. 45.

The Housing (Ireland) Act, 1919.

Sections 5, 6 and 7; sub-section (3) of section 8; section 10; the proviso to sub-section (1) of section 11; section 15; sub-section (3) of section 20 from the words “and section 51” to the end of that subsection; sub-section (4) of section 20; section 23; section 27; section 29; the proviso to section 32; and the First Schedule.

9 & 10 Geo, V. Ch. 99.

The Housing (Additional Powers) Act, 1919.

Section 4.

11 & 12 Geo.V. Ch. 19.

The Housing Act, 1921.

Sub-section (4) of section 10.

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931

Statutory Text (5 Articles)

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