S.I. No. 97/1961 - Local Government (No. 2) Act, 1960 (Acquisition of Land Regulations) Order, 1961.

1. The words in brackets should be omitted where the land proposed to be acquired does not consist of or comprise a dwellinghouse unfit for human habitation and not capable of being rendered fit at reasonable expense.

2. In the Schedule, the land should be described as in the Schedule to Form No. 2.

GIVEN under the Official Seal of the Minister for Local Government this Sixteenth day of May One Thousand Nine Hundred and Sixty-one.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE

Section 37

of the

Housing (Miscellaneous Provisions) Act, 1931

as extended by

section 10

of the

Local Government (No. 2) Act 1960

enables a local authority to acquire land compulsorily for certain purposes which are purposes other than the purposes of the Housing of the Working Classes Acts, 1890 to 1958. This Order prescribes the forms to be used by a local authority when so acquiring land. This order also prescribes the manner in which land which comprises or consists of a dwellinghouse within the meaning of

section 24

of the

Housing (Amendment) Act, 1958

, which is, in the opinion of the local authority, unfit for human habitation and not capable of being rendered fit at reasonable expense is to be described in a compulsory purchase order made under

section 37

of the

Housing (Miscellaneous Provisions) Act, 1931

as so extended.

3. In the third paragraph, the date before which objections are to reach the Minister should be at least fourteen days from the service of the notice.

FORM NO. 4

Advertisement of confirmation of a compulsory purchase order made under

section 37

of the

Housing (Miscellaneous Provisions) Act, 1931

and Parts I and II of the Second Schedule thereto, as amended by

sections 24

and

25

of the

Housing (Amendment) Act, 1958

and extended by

section 10

of the

Local Government (No. 2) Act, 1960

and confirmed by the appropriate Minister.

Notice is hereby given that the Minister for...................................in pursuance of the powers conferred on him by

section 37

of the

Housing (Miscellaneous Provisions) Act, 1931

and Parts I and II of the Second Schedule thereto, as amended by

sections 24

and

25

of the

Housing (Amendment) Act, 1958

and extended by

section 10

of the

Local Government (No. 2) Act, 1960

on the............................... day of................................. 19.., confirmed (with modifications) the............................. Order, 19.. authorising the........................................to purchase compulsorily for the purposes of........................................ the land described in the Schedule hereto. A copy of the order and of the map referred to therein have been deposited at..................................... and may be seen at all reasonable hours.

(The said land consists of/comprises (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense. An inspection of the order and the map will show the land proposed to be acquired and the dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.)

The order will become operative at the expiration of three weeks from the date of this notice but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the order, the Court, if satisfied that the order is not within the powers of the Housing of the Working Classes Acts, 1890 to 1958 as extended by

section 10

of the

Local Government (No. 2) Act, 1960

or that the interests of the applicant have been substantially prejudiced by any requirement of the said Acts as so extended not having been complied with, may quash the order whether generally or in so far as it affects any property of the applicant.

SCHEDULE

Dated this.......................................day of......................................19...

Secretary or Town Clerk

Directions for completing this form

4. This Order may be cited as the Order, 19

SCHEDULE

PART I

Land proposed to be acquired consisting of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

Number on map deposited at the offices of the local authority

Quantity, description and situation of the land

Owners or reputed owners

Lesses or reputed lessees

Occupiers (not being tenants for a month or a period les than a month)

Land proposed to be acquired which does not consist of (a) dwellinghouse(s) unfit for human habitation and not capable of being rendered fit at reasonable expense.

Number on map deposited at the offices of the local authority

Quantity, description and situation of the land

Owners or reputed owners

Lesses or reputed lessees

Occupiers (not being tenants for a month or a period less than a month)

PART III

Description of public right of way proposed to be extinguished.

GIVEN under the Seal of the this day of 19 .

Directions for completing this form

S.I. No. 97 of 1961.

LOCAL GOVERNMENT (NO. 2) ACT, 1960 (ACQUISITION OF LAND REGULATIONS) ORDER, 1961.

The Minister for Local Government in exercise of the powers conferred on him by

section 45

of the

Housing (Miscellaneous Provisions) Act, 1931

(No. 50 of 1931) and

section 24

of the

Housing (Amendment) Act, 1958

(No. 27 of 1958) as extended by

section 10

of the

Local Government (No. 2) Act, 1960

(No. 40 of 1960) by this his Order makes the following Regulations :—