HOUSING (AMENDMENT) ACT, 1942

AN ACT TO AMEND AND EXTEND THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1941, TO VALIDATE CERTAIN GRANTS THEREUNDER, AND TO ENABLE LOCAL AUTHORITIES TO APPROPRIATE CERTAIN HOUSES FOR THE ACCOMMODATION OF PERSONS WHOSE HOMES SUFFER INJURIES TO WHICH THE NEUTRALITY (WAR DAMAGE TO PROPERTY) ACT, 1941, APPLIES. [8th July, 1942.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 The Principal Act.

1.—In this Act the expression “the Principal Act” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932).

2 Amendment of sub-section (1) of section 5 of the Principal Act.

2.—(1) Sub-section (1) of section 5 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—

• (a) the reference to the 1st day of April, 1935, contained in each of the paragraphs (c), (d), (e), (f), (g), and (h) of the said sub-section (1) shall be construed as a reference to the 1st day of April, 1943;

• (b) each of the references to the 1st day of April, 1940, contained in paragraph (j) of the said sub-section (1) (being the paragraph inserted by paragraph (c) of section 2 of the Housing (Amendment) Act, 1939 (No. 3 of 1939)) shall be construed as a reference to the 1st day of April, 1943.

• (2) Sub-section (1) of section 1 of the Housing (Amendment) Act, 1941 (No. 18 of 1941), is hereby repealed.

• (3) This section shall have and be deemed to have had effect as on and from the 1st day of April, 1942.

3 Appropriation of certain houses for accommodation of persons leaving homes injured in certain ways, etc.

3.—(1) A local authority may appropriate any house provided by them under the Housing of the Working Classes Acts, 1890 to 1931, or the Labourers Acts, 1883 to 1941, and for the time being in their possession for the accommodation of any person who leaves his home on account of injuries thereto caused in any of the ways mentioned in sub-section (1) of section 2 of the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941).

• (2) Where the application of sub-section (1) of section 6 of the Principal Act in relation to a house provided by a local authority under the Housing of the Working Classes Acts, 1890 to 1931, and appropriated in pursuance of this section is governed by sub-paragraph (ii) of paragraph (a) of the said sub-section (1), the reference in the said sub-paragraph (ii) to thirty-three and one-third per centum of the annual loan charges shall be construed as a reference to sixty-six and two-thirds per centum of those charges.

• (3) Sub-section (5) of section 6 of the Principal Act and the regulations for the time being in force for the purposes of that sub-section shall not apply in relation to a house appropriated in pursuance of this section.

• (4) Where a house provided under the Labourers Acts, 1883 to 1941, is appropriated in pursuance of this section, the following provisions shall have effect so long as such appropriation continues, that is to say:—

• (a) neither section 29 of the Labourers (Ireland) Act, 1906, nor any regulations made under that section shall apply in relation to the house,

• (b) the house shall not be capable of being purchased under the Labourers Act, 1936 (No. 24 of 1936).

• (5) This section shall have and be deemed to have had effect as on and from the 26th day of August, 1940.

4 Validation of certain grants.

4.—(1) Where—

• (a) a grant purporting to be under paragraph (d), (g), or (h), as the case may be, of sub-section (1) of section 5 of the Principal Act was made before the passing of this Act, and

• (b) such grant would have been a proper grant if it were provided by paragraph (b) of sub-section (1) of section 1 of the Labourers Act, 1919, that a person carrying on a shop should be regarded for the purposes of that paragraph as working at a trade,

such grant shall be and be deemed always to have been a proper grant.

• (2) Where—

• (a) a grant purporting to be under paragraph (d), (g), or (h), as the case may be, of sub-section (1) of section 5 of the Principal Act was allocated, but not made, before the passing of this Act, and

• (b) such grant could properly be made if it were provided by paragraph (b) of sub-section (1) of section 1 of the Labourers Act, 1919, that a person carrying on a shop should be regarded for the purposes of that paragraph as working at a trade,

it shall be lawful to make such grant as if it were provided as aforesaid by the said paragraph (b) of sub-section (1) of section 1 of the Labourers Act, 1919.

5 Short title and collective citation.

5.—(1) This Act may be cited as the Housing (Amendment) Act, 1942.

• (2) The Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1941, and this Act may be cited as the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1942.