Unemployment (Relief Works) Act , 1940

1 Definitions.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “work of public utility” means a work which is within the powers of any local authority or any two or more local authorities acting jointly;

the word “road” means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing, or wall forming part thereof;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

(2) Each of the following bodies and no other body shall be a local authority for the purposes of this Act, and the expression “local authority” shall in this Act be construed accordingly, that is to say:—

(a) the corporation of a county or other borough,

(b) the council of a county,

(c) the council of an urban district,

(d) a board of health,

(e) the joint board of a united district established under the Public Health (Ireland) Act, 1878, or this Act.

2 Certification of work by the Minister.

2.—(1) Whenever the Minister is of opinion that a particular work of public utility which is being or is about to be executed by a local authority was or is being undertaken wholly or partly for the purpose of providing employment for unemployed persons in a particular area, the Minister may (subject to the limitation imposed by this section) certify that such work was or is being undertaken by such local authority for the purpose of providing employment for unemployed persons in a particular area specified in such certificate.

(2) Whenever the Minister is of opinion that, for the purpose of providing employment for unemployed persons in a particular area, it is expedient that a particular work of public utility which a particular local authority has power by law (including this Act or any order made thereunder) to execute should be undertaken and executed by that local authority, the Minister may (subject to the limitations imposed by this section) after consultation with such local authority certify that such work should be undertaken by such local authority for the purpose of providing employment for unemployed persons in such particular area.

(3) No certificate shall be given by the Minister under this section after the expiration of two years from the date on which the Emergency Powers Act, 1939 (No. 28 of 1939), ceases to be in force.

(4) A certificate may be given by the Minister under this section notwithstanding that the work to which such certificate relates was begun before the passing of this Act.

(5) In this Act—

the expression “certified work” means a work in respect of which a certificate has been given by the Minister under this section, and

the expression “executing authority” when used in relation to a certified work, means the local authority mentioned in the certificate given by the Minister in respect of such work as the local authority by whom such work was, is being, or should be undertaken.

3 Power of Minister to compel execution of work.

3.—(1) It shall be the duty of the local authority which is the executing authority in respect of a certified work to undertake, execute and complete such work with all reasonable speed.

(2) Whenever a local authority refuses or, in the opinion of the Minister, has failed to do anything which is declared by this section to be the duty of such local authority, the Minister may by order made by him under section 72 of the Local Government Act, 1925 (No. 5 of 1925), but without holding any such local inquiry as is mentioned in that section, dissolve such local authority, and thereupon the said section 72 as amended by subsequent enactments shall apply and have effect accordingly.

4 Transfer of powers in relation to roads.

4.—(1) Whenever the Minister is of opinion that, for the purpose of providing employment for unemployed persons, it is expedient that a particular work of public utility consisting of the construction of a new road or the improvement of an existing road or partly of such construction and partly of such improvement should be undertaken and executed by a local authority which is not charged by virtue of section 24 of the Local Government Act, 1925 (No. 5 of 1925), with the construction and maintenance of such road (whether new or existing or partly new and partly existing) or is charged by virtue of the said section with the construction and maintenance of a portion or portions only of such road, the Minister may, subject to the limitation imposed by this section and after consultation with such local authority and with the council charged by virtue of the said section 24 with the construction and maintenance of such road or of the portion or portions thereof with the construction and maintenance of which such local authority is not charged as aforesaid (as the case may be), by order transfer as on and from a specified date to such local authority from the said council all the powers and duties of the said council under the said Local Government Act, 1925, in relation to such road or the said portion or portions thereof (as the case may be) and all powers and duties of the said council under any other enactment in relation to the construction, improvement, and maintenance thereof.

(2) No order, except an amending order under the next following sub-section, shall be made by the Minister under this section after the expiration of two years from the date on which the Emergency Powers Act, 1939 (No. 28 of 1939), ceases to be in force.

(3) The Minister may by order whenever he so thinks proper amend an order made by him under this section, including an order made under this sub-section.

(4) Whenever the Minister has made an order under the first sub-section of this section, the powers and duties transferred by such order shall, as on and from the date specified in that behalf in such order but subject to any amendment of such order made under the next preceding sub-section of this section, be exercisable and performed by the local authority to which they are so transferred and by no other authority.

(5) Any expenses incurred by the corporation of a county or other borough, or the council of a county or of an urban district to whom powers and duties in relation to any road are transferred by order under this section in the exercise and performance of such powers and duties shall be raised and charged as if such road were a main road, a county road, or an urban road (as the Minister shall direct) situate in such county or other borough, or county or urban district, as the case may be.

5 Contribution by a local authority to the cost of a certified work.

5.—(1) In this section the expression “benefited authority” means, in relation to a certified work, a local authority the performance of the functions of which will be facilitated or rendered less costly by such certified work when completed.

(2) Where a certified work has been or is being or is about to be executed, the following provisions shall have effect in relation to such certified work, that is to say:—

(a) any benefited authority may, with the consent of the Minister, agree with the local authority which is the executing authority in respect of such certified work to pay to that authority a specified contribution (in one sum or by instalments) towards the cost of the execution of the said certified work;

(b) the Minister may by order require any local authority which is, in his opinion, a benefited authority to pay to the said executing authority (either, as shall be specified in such order, in one sum or by instalments of specified amounts payable at specified times), a contribution of specified amount towards the cost of the execution of the said certified work;

(c) any contribution or instalment of a contribution towards the cost of the execution of the said certified work which is payable by a benefited authority to the said executing authority by virtue of an agreement made under this section between those authorities or by virtue of an order made by the Minister under this section may be recovered by the said executing authority from such benefited authority in any court of competent jurisdiction as a simple contract debt;

(d) the amount of any such contribution or instalment of a contribution as is mentioned in the next preceding paragraph of this sub-section shall be raised by means of such rate charged on such area as the Minister shall direct having regard to the manner in and extent to which the performance of the functions of such benefited authority are or will be facilitated or rendered less costly by the said certified work when completed, and all other relevant circumstances.

(3) Where—

(a) a certified work consists of the construction of a new road or the improvement of an existing road or partly of such construction and partly of such improvement, and

(b) the powers and duties of the council charged by law with the construction and maintenance of such road (whether new or existing or partly new and partly existing) or of any part of such road have been transferred under this Act from such council to the local authority which is the executing authority in respect of such certified work,

the next preceding sub-section of this section shall apply and have effect in relation to any costs and expenses other than the cost of the execution of the said certified work incurred by the said executing authority at any time after such transfer in the exercise and performance of the powers and duties so transferred as if such costs and expenses were part of the cost of the execution of the said certified work and the said council (if it is not a benefited authority) were a benefited authority, but with and subject to the modifications that the contribution payable by the said council to the said executing authority in respect of the said costs and expenses may be an annual sum and may be varied from time to time either by agreement (with the consent of the Minister) between the said council and the said executing authority or by the Minister by order.

6 Borrowing.

6.—(1) Where—

(a) the Minister has consented to the borrowing of moneys by a local authority for the purpose of defraying the expenses of one or more certified works by means of the creation and issue of stock (in this sub-section (referred to as new stock), and

(b) moneys are held by such local authority in a redemption fund for the purpose of the redemption of any stock (in this sub-section referred to as existing stock) previously issued by such local authority,

the Minister may by order authorise such local authority to exchange, by agreements with the holders, all or any of the existing stock which is required to be redeemed within a period not exceeding five years from the date of such order for new stock equal in nominal value to the nominal value of the existing stock so exchanged and to withdraw from the appropriate account or accounts in such redemption fund and expend for the purposes of such certified work or works and for the expenses (if any) of such exchange an amount equal to the nominal value of the existing stock so exchanged.

(2) Moneys borrowed by a local authority for the purposes of a certified work shall not be reckoned as part of the debt of such local authority for the purposes of any enactment limiting the amount which may be borrowed by such local authority or limiting the amount which may be borrowed by such local authority otherwise than in pursuance of a provisional order confirmed by the Oireachtas.

7 Formation of united districts.

7.—(1) In this section the expression “the Act” means the Public Health (Ireland) Act, 1878, and the expressions “sanitary authority”, “sanitary district” and “contributory place” have the same meanings respectively as they have in the Act.

(2) Whenever the Minister is of opinion that the formation of a united district is expedient for the purposes of the execution of a work of public utility, the Minister may by order form any two or more sanitary districts or contributory places into a united district for the purposes of the execution of the said work.

(3) Whenever the Minister has formed a united district under this section, every enactment relating to a united district formed under section 12 of the Act shall (subject to the next following sub-section of this section) apply and have effect in relation to the united district formed under this section as if that district had been formed under the said section 12, but subject to the modification that every reference in such enactment to the provisional order forming a united district shall be construed and have effect as a reference to the order under this section forming such united district.

(4) Whenever the Minister forms under this section a united district, the Minister if he so thinks proper may, by the order forming such united district,

(a) postpone for a specified period the formation under section 13 of the Act of a joint board as the governing body of such united district, and

(b) confer on and vest in the sanitary authority of any one of the sanitary districts wholly or partly included in such united district all the powers and duties of such joint board during such postponement.

(5) The Minister may at any time by order amend any order made by him under this section (including an order made under this sub-section) and in particular may by any such amendment extend or reduce the period of postponement mentioned in the next preceding sub-section of this section.

(6) No order, except an amending order under the immediately preceding sub-section, shall be made by the Minister under this section after the expiration of two years from the date on which the Emergency Powers Act, 1939 (No. 28 of 1939), ceases to be in force.

8 Acquisition of land for certified work.

8.—(1) A local authority which is the executing authority in respect of a certified work may for the purposes of the execution of such work acquire, either by agreement or compulsorily, any land wherever situate.

(2) A local authority which is the executing authority in respect of a certified work consisting of the construction of a new road or the improvement of an existing road or partly of such construction and partly of such improvement may acquire any land either by agreement or compulsorily for the purpose of improving the frontage of such road or of facilitating or controlling the proper development of the land in the neighbourhood of such road.

(3) A local authority which has acquired any land under the immediately preceding sub-section of this section may, with the consent of the Minister, sell or let, by public auction or private treaty, in suitable lots and subject to appropriate conditions, any land so acquired.

(4) Every sum received by a local authority in respect of the sale or lease of land under this section shall be applied by such local authority firstly towards the cost of the acquisition of such land, secondly towards the expenses of the relevant certified work, and, as regards any balance remaining unapplied, for the purpose of the powers and duties of such local authority in such manner as they, with the consent of the Minister, think proper.

(5) Notwithstanding anything contained in this section, a local authority shall not acquire compulsorily under this section any land which is held or occupied by another local authority or by any body corporate for the purposes of a railway, tramway, dock, canal, gas, electricity or other public undertaking.

9 Preliminary order for the acquisition of land.

9.—(1) A local authority proposing to acquire any land compulsorily under this Act shall by order (in this Act referred to as a preliminary order) declare that they propose so to acquire such land.

(2) A preliminary order shall specify the land to be acquired, the certified work in relation to which such land is required, and the use which is intended to be made of such land.

(3) Whenever a local authority make a preliminary order, such local authority shall, within seven days after making such order—

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

(b) give a copy of such order to the occupier (if any) of such land and to every (if any) person having an estate or interest in or right over such land whose existence and name and the address at which he ordinarily resides can be ascertained by such local authority by reasonable inquiries, and

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

(4) Where a preliminary order contains a map or plan of the land to which such order relates, such map or plan may be omitted from the copies of such order posted and published in pursuance of paragraphs (a) and (c) of the immediately preceding sub-section of this section but a copy of such map or plan shall be deposited in the office of the local authority making such order and shall there be kept open for inspection at reasonable times and the said copies of such order shall contain a statement that such map or plan is deposited and kept open for inspection as aforesaid.

10 Application to annul preliminary order.

10.—(1) The occupier or any person having an estate or interest in or right over the land to which a preliminary order relates may, not later than twenty-one days or, if there is an occupied building on the land, twenty-eight days after the posting of such order on or near the land to which such order relates apply to the Minister for the annulment of such order, and, on such application the Minister may at his discretion either annul such order or restrict the application of such order to portion of the land to which it originally related.

(2) Before determining an application under this section, the Minister may hold a public inquiry into the subject matter thereof and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every such public inquiry in like manner as the said Article applies in respect of the local inquiries therein mentioned.

11 Vesting orders.

11.—(1) If no application is made under and in accordance with the immediately preceding section for the annulment of a preliminary order or if, where any such application is made, on the determination thereof such preliminary order is not annulled, the local authority by whom such preliminary order was made may by order (in this Act referred to as a vesting order) acquire the land to which such preliminary order relates, or, where such determination has restricted the application of such preliminary order to part of such land, such part of such land.