Housing (Amendment) Act , 1958

PART I Preliminary And General

1 Short title, construction and collective citation.

1.—(1) This Act may be cited as the Housing (Amendment) Act, 1958.

(2) This Act in so far as it amends the Housing of the Working Classes Acts, 1890 to 1956, the Labourers Acts, 1883 to 1956, the Small Dwellings Acquisition Acts, 1899 to 1957, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1956, shall be read and construed as one therewith respectively and may be cited together therewith as the Housing of the Working Classes Acts, 1890 to 1958, the Labourers Acts, 1883 to 1958, the Small Dwellings Acquisition Acts, 1899 to 1958, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1958.

2 Definitions.

2.—In this Act—

“the Act of 1931” means the Housing (Miscellaneous Provisions) Act, 1931;

“the Act of 1932” means the Housing (Financial and Miscellaneous Provisions) Act, 1932;

“the Act of 1948” means the Housing (Amendment) Act, 1948;

“the Act of 1950” means the Housing (Amendment) Act, 1950;

“the Act of 1952” means the Housing (Amendment) Act, 1952;

“the Act of 1954” means the Housing (Amendment) Act, 1954;

“the Act of 1956” means the Housing (Amendment) Act, 1956;

“housing authority” means in the case of—

(a) a county health district, the council of the county in which such county health district is situate,

(b) a county or other borough, the corporation of such county or other borough, and

(c) an urban district council, the council of such urban district;

“the Housing of the Working Classes Acts” means the Housing of the Working Classes Acts, 1890 to 1956, as amended by this Act;

“the Labourers Acts” means the Labourers Acts, 1883 to 1956, as amended by this Act;

“the Minister” means the Minister for Local Government.

3 Regulations.

3.—(1) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.

(2) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to that provision of the Minister for Finance.

4 Expenses.

4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5 Repeals.

5.—(1) Each enactment specified in the Schedule to this Act is hereby repealed to the extent specified in the third column of that Schedule

(2) Section 17 of the Labourers (Ireland) Act, 1906, is hereby repealed as on and from the 1st day of December, 1958.

(3) Subsection (1) of this section shall come into operation on the 1st day of April, 1959.

PART II Financial Provisions

6 Continuance of certain sections.

6.—(1) The reference to the 1st day of April, 1958, contained (by virtue of section 6 of the Act of 1956) in paragraph (a) of subsection (1) of section 16 of the Act of 1948, paragraph (a) of subsection (1) of section 20 of that Act and paragraph (a) of subsection (1) of section 24 of the Act of 1952 shall be construed as a reference to the 1st day of April, 1960.

(2) The reference to the 1st day of April, 1958, contained in paragraph (ii) of subsection (1) and paragraph (ii) of subsection (2) of section 11 of the Act of 1956 shall be construed as a reference to the 1st day of April, 1960.

(3) This section shall have and be deemed to have had effect as on and from the 1st day of April, 1958.

7 Additional grants where certain grants are made under section 3 of Housing (Gaeltacht) Act, 1929.

7.—(1) Where a grant is made to a person under subsection (2) or subsection (3) (inserted by the Housing (Gaeltacht) (Amendment) Act, 1953) of section 3 of the Housing (Gaeltacht) Act, 1929, the housing authority may make to that person a grant of an amount not exceeding the amount of the grant made under that section.

(2) A grant shall not be made under section 9, 10 or 11 of the Act of 1952 in respect of a house in respect of which a grant is made under this section.

(3) For the purposes of this section a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.

(4) Subsection (1) of this section shall have effect only in respect of grants to persons improving or extending a house or providing and installing therein a private water supply and sewerage facilities if the improvement or extension or provision and installation commenced on or after the 30th day of June, 1958.

8 Amendment of section 16 of and the Second Schedule to the Act of 1948.

8.—(1) Section 16 of the Act of 1948 is hereby amended by the insertion after subsection (3) of the following subsections:

“(3A) Where a grant is made to a person reconstructing a house under this section by the Minister and the reconstruction commenced on or after the 30th day of June, 1958, the housing authority may make to that person a grant of an amount not exceeding the amount of the grant made by the Minister.

(3B) A grant shall not be made under section 9, 10 or 11 of the Act of 1952 in respect of a house in respect of which a grant is made under subsection (3A) of this section.

(3C) For the purposes of subsection (3A) of this section a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.”

(2) The Second Schedule to the Act of 1948 is hereby amended by the substitution of—

(a) “100” for “80” in the second and third columns respectively,

(b) “120” for “100” (inserted by subsection (1) of section 19 of the Act of 1952) in the said columns, and

(c) “140” for “120” (inserted by the said subsection) in the said columns.

(3) In the case of a grant under section 16 of the Act of 1948 to a person or public utility society erecting a house in an area where, at the date of the application for the grant, no public piped water supply or public sewerage scheme has been provided or is being provided, the Second Schedule to the Act of 1948 shall have effect as if each sum specified in the third column thereof were increased by twenty-five pounds.

(4) (a) Subsection (2) of this section shall have effect only in respect of grants under section 16 of the Act of 1948 to persons reconstructing houses if the reconstruction commenced on or after the 30th day of June, 1958.

(b) Subsection (3) of this section shall have effect only in respect of grants to persons or public utility societies erecting houses if the erection commenced on or after the 30th day of June, 1958.

9 Grants under section 7 of the Act of 1952.

9.—Notwithstanding the provisions of subsection (5) of section 11 of the Act of 1956, a grant may be made under section 7 of the Act of 1952 to a person providing and installing in a dwellinghouse a private water supply and sewerage facilities, if the provision and installation of the water supply and sewerage facilities commenced before the 25th day of July, 1956, and are completed on or before the 1st day of April, 1960.

10 Amendment of section 33 of the Act of 1952.

10.—(1) Section 33 of the Act of 1952 is hereby amended by the substitution of “£100” for “£80” in paragraph (a) of subsection (2).

(2) In applying paragraph (a) of subsection (2) of the said section 33, as amended by subsection (1) of this section, the reference to £100 shall, in relation to a separate dwelling with more than three rooms, be construed—

(a) in the case of a separate dwelling with five or more rooms—as a reference to £140, and

(b) in any other case—as a reference to £120.

(3) This section shall have effect only in respect of grants to housing authorities executing works referred to in subsection (2) of the said section 33 if the execution of the works commenced on or after the 30th day of June, 1958.

11 Amendment of section 12 of the Act of 1954 and of section 9 of the Act of 1956.

11.—(1) Section 12 of the Act of 1954 is hereby amended by the substitution of “£100” for “£80” in paragraph (a) of subsection (1) and section 9 of the Act of 1956 is hereby amended by the substitution of “£100” for “£80”, “£140” for “£120” and “£120” for “£100” in subsection (1).

(2) The following paragraph is hereby substituted for paragraph (I) of subsection (2) of section 12 of the Act of 1954:

“(I) (a) the house to be repaired or improved is certified by the housing authority (or, in the case of an appeal, by the Minister) to be suitable for repair or improvement, and

(b) the Minister is satisfied that the proposed works are essential for the purpose of providing suitable housing accommodation, and”.

(3) Notwithstanding the amendment effected by subsection (2) of this section, grants by a housing authority under subsection (3) of section 12 of the Act of 1954 may, if the authority think fit, be confined to—

(a) persons of such class or classes, and/or

(b) persons executing works on houses of such type or types, as may be determined by the authority.

(4) Subsection (1) of this section shall have effect only in respect of grants to persons executing repair or improvement works on houses if the execution of the works commenced on or after the 30th day of June, 1958.

12 Amendment of section 11 of the Act of 1956.

12.—(1) Section 11 of the Act of 1956 is hereby amended by the substitution of “£50” for “£40” in subsection (1) and of “£25” for “£20” in subsection (2).

(2) The following subsection is hereby inserted after subsection (2) of section 11 of the Act of 1956:

“(2A) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, make, out of moneys provided by the Oireachtas, to a person providing and installing in a dwellinghouse a private water supply and private sewerage facilities a grant not exceeding £75, if—

(i) the dwellinghouse is situate in an area where, at the date of the application for the grant, no public piped water supply or public sewerage scheme has been provided or is being provided, and

(ii) the provision and installation of the water supply and sewerage facilities commence on or after the 30th day of June, 1958, and are completed on or before the 1st day of April, 1960, and comply with the conditions set out in the said regulations.”

(3) The following subsections are hereby inserted after subsection (2A) (inserted by this section) of section 11 of the Act of 1956:

“(2B) Where a grant is made to a person under this section by the Minister in respect of the provision and installation of a private water supply or private sewerage facilities or both such supply and such facilities and the provision and installation commenced on or after the 30th day of June, 1958, the housing authority may make to that person a grant of an amount not exceeding the amount of the grant made by the Minister.

(2C) A grant shall not be made under section 9, 10 or 11 of the Act of 1952 in respect of a house in respect of which a grant is made under subsection (2B) of this section.

(2D) For the purposes of subsection (2B) of this section a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts”.

(4) Subsection (1) of this section shall have effect only in respect of grants under section 11 of the Act of 1956 to persons providing and installing a private water supply or private sewerage facilities or both such supply and such facilities if the provision and installation commenced on or after the 30th day of June, 1958.

13 Advances by housing authorities for reconstruction, repair, and improvement of houses.

13.—(1) A housing authority may, subject to such conditions as may be approved by the Minister, make an advance to a person (in this section referred to as the borrower) carrying out reconstruction, repair or improvement works on a house, provided that the authority is satisfied that—

(a) after the proposed works are carried out, the house will in all respects be fit for human habitation, and

(b) the proposed works are essential for the purpose of providing suitable housing accommodation, and

(c) the house is suitable for reconstruction, repair or improvement, as the case may be.

(2) An advance under this section in respect of a house shall not exceed seventy-five per cent. of the amount which, in the opinion of the housing authority, the house, if sold in the open market at the date on which the advance is authorised by the housing authority, might reasonably be expected to realise.

(3) An advance under this section shall be repaid with interest within such period not exceeding fifteen years from the date of the payment of the advance or, if the advance is paid in instalments, the date of the payment of the first instalment as may be determined by the housing authority.

(4) Repayment of an advance under this section in respect of a house shall be secured by—

(a) an instrument vesting the ownership of the house in the housing authority subject to the right of redemption by the borrower, or

(b) where such ownership is already vested in the housing authority subject to the right of redemption by the borrower to secure the repayment of an advance in respect of the house under the Small Dwellings Acquisition Acts, 1899 to 1957, as amended by this Act, an instrument of further charge charging the repayment of the advance (together with the interest payable thereon) under this section on the house and making the said right of redemption subject also to the repayment of the advance (together with the interest payable thereon) under this section.

(5) An advance under this section in respect of a house may be paid in instalments from time to time during the carrying out of the works on the house but the total amount of instalments paid at any time shall not exceed the cost of so much of the works as is completed at that time.

(6) (a) For the purposes of this section a housing authority shall have the like powers of borrowing as are conferred on such authority for the purposes of the Housing of the Working Classes Acts or the Labourers Acts.

(b) Money borrowed pursuant to this subsection may be lent to a housing authority by means of an issue from the local loans fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1957, and was authorised by an Act of the Oireachtas.

(7) For the purposes of this section “ownership” shall be such interest or combination of interests in a house as will constitute either a fee simple (including fee farm) interest in possession or a leasehold interest in possession of such number of years unexpired at the date on which the advance under this section in respect of the house is authorised by the housing authority as is equal to or greater than the sum of the term fixed for the repayment of the advance and fifteen years.

14 Contributions by Minister to annual loan charges of housing authorities.

14.—(1) The Minister may, with the consent of the Minister for Finance and subject to regulations made under this section, make out of moneys to be provided by the Oireachtas, during such period not exceeding fifty years as the Minister may determine, a contribution towards the annual loan charges incurred by a housing authority in respect of money borrowed by them for the provision under the Labourers Acts or under section 24 of the Act of 1950 of cottages or other housing accommodation to which this section applies—

(a) not exceeding sixty-six and two-thirds per cent. of such annual loan charges where the Minister is satisfied that such cottages or other housing accommodation are used for the accommodation of—

(i) persons displaced by the collapse or destruction of their former dwellings or by any of the operations of such housing authority under the Housing of the Working Classes Acts, or

(ii) persons in need of rehousing on medical, compassionate or other similar grounds whose circumstances would not permit them to be so rehoused otherwise,

(b) not exceeding thirty-three and one-third per cent. of such annual loan charges in any other case.

(2) This section applies only to cottages and housing accommodation the erection or provision of which was or shall be commenced on or after the 30th day of June, 1958, and in respect of which a loan to the housing authority was or shall be sanctioned on or after that date.

(3) Every contribution to annual loan charges made by the Minister under this section shall be paid in such manner and at such time or times as the Minister may prescribe by regulations under this section.

(4) For the purposes of this section, the amount of any money borrowed by a housing authority for the provision under the Labourers Acts or under section 24 of the Act of 1950 of cottages or other housing accommodation to which this section applies shall be deemed not to exceed an amount calculated in such manner as may be prescribed by the Minister by regulations under this section, and the amount of the annual loan charges in respect of such money (limited as aforesaid) shall be deemed not to exceed the sums (including interest charges) which would have been payable by the housing authority in any local financial year in repayment of such money (limited as aforesaid) with interest to the Commissioners of Public Works in Ireland, if such money had been borrowed from such Commissioners.

(5) Where a contribution has been or will be made under section 6 of the Act of 1932 towards the annual loan charges in respect of money borrowed for the provision of cottages or other housing accommodation under the Labourers Acts, a contribution shall not be made in respect of such charges under this section.

(6) Section 13 of the Act of 1950 shall have effect as if the reference to a contribution to annual loan charges under section 6 of the Act of 1932 included a reference to contributions to annual loan charges under this section.

(7) The Minister may make regulations for the purposes of this section.

15 Subsidy by Minister in respect of certain annual loan charges of local authorities.