HOUSING (GAELTACHT) (AMENDMENT) ACT, 1959

AN ACT TO AMEND AND EXTEND THE HOUSING (GAELTACHT) ACTS, 1929 TO 1953. [22nd July, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

1 Interpretation.

1.—(1) In this Act—

“the Act of 1929” means the Housing (Gaeltacht) Act, 1929;

“the Act of 1934” means the Housing (Gaeltacht) (Amendment) Act, 1934;

“the Act of 1949” means the Housing (Gaeltacht) (Amendment) Act, 1949;

“the Act of 1953” means the Housing (Gaeltacht) (Amendment) Act, 1953.

• (2) The Housing (Gaeltacht) Acts, 1929 to 1953, and this Act shall be construed as one.

2 Increase of limits on certain grants.

2.—(1) The amount of a grant under subsection (1) of section 3 of the Act of 1929 shall, where the erection of the dwelling-house commenced on or after the 1st day of April, 1959, and before the passing of this Act or commences after such passing, not exceed the appropriate sum specified in the First Schedule to this Act.

• (2) The amount of a grant under subsection (2) of section 3 of the Act of 1929 shall, where the work towards which the grant is made commenced on or after the 30th day of June, 1958, and before the passing of this Act or commences after such passing, not exceed—

• (a) as respects a dwelling-house containing, on completion of the improvement or extension, two rooms—eighty pounds,

• (b) as respects a dwelling-house containing, on completion of the improvement or extension, three rooms—one hundred and ten pounds,

• (c) as respects a dwelling-house containing, on completion of the improvement or extension, four rooms—one hundred and thirty pounds, and

• (d) as respects a dwelling-house containing, on completion of the improvement or extension, five or more rooms—one hundred and fifty pounds.

3 Grants in relation to houses.

3.—(1) Section 3 of the Act of 1929, as amended by subsection (1) of section 3 of the Act of 1953, is hereby further amended by the addition thereto of the following subsections :

• “(5)

  • (a) Where the Minister is satisfied that the condition of a dwelling-house in the Gaeltacht is such as justifies the provision and installation therein of a private water supply, the Minister may, subject to the provisions of this Act and the Regulations made by the Minister thereunder, make to the occupier of the dwelling-house a grant (in this Act also referred to as a sanitation grant) not exceeding fifty-five pounds towards such provision and installation.

  • (b) Where the Minister is satisfied that the condition of a dwelling-house in the Gaeltacht is such as justifies the provision and installation therein of sewerage facilities, the Minister may, subject to the provisions of this Act and the regulations made by the Minister thereunder, make to the occupier of the dwelling-house a grant (in this Act also referred to as a sanitation grant) not exceeding thirty pounds towards such provision and installation.

  • (c) Where the Minister is satisfied that the condition of a dwelling-house in the Gaeltacht is such as justifies the provision and installation therein of a fitted bathroom including hot-water supply, the Minister may, subject to the provisions of this Act and the regulations made by the Minister thereunder, make to the occupier of the dwelling-house a grant (in this Act also referred to as a sanitation grant) not exceeding one hundred and forty pounds towards such provision and installation.

  • (d) Any combination of the grants referred to in paragraphs (a), (b) and (c) of this subsection may be made as one grant (in this Act also referred to as a sanitation grant).

  • (e) Where the Minister is satisfied that the water supply or sewerage system, or the water supply and sewerage system, of a house in the Gaeltacht is suitable for improvement, the Minister may, subject to the provisions of this Act and the regulations made by the Minister thereunder, make to the occupier of the dwelling-house a grant (in this Act also referred to as a sanitation grant) not exceeding forty pounds towards the improvement of such water supply, sewerage system or water supply and sewerage system.

• (6)

  • (a) Where—

    • (i) the Minister is satisfied that the provision of an extension, for the accommodation of visitors, to a dwelling-house in an area which is one of the areas for the time being determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 (No. 21 of 1956), is desirable, and

    • (ii) a water supply and sewerage facilities which the Minister considers adequate are already installed or are being installed in the dwelling-house,

    the Minister may, subject to the provisions of this Act and the regulations made by the Minister thereunder, make to the occupier of the dwelling-house a grant (in this Act also referred to as a special extension grant) towards the provision of such extension and the grant shall not exceed the appropriate sum specified in the Table to this subsection.

  • (b) A grant under this subsection shall not be made if the extension is to a dwelling-house in relation to which there has or have previously been made—

    • (i) such a grant in respect of an extension containing, on completion, three or more rooms,

    • (ii) two such grants, one of them being a grant in respect of an extension containing, on completion, two rooms, or

    • (iii) three such grants.

    TABLE.

    Grants in Respect of Extensions For Accommodation of Visitors.

    	Number of rooms in extension on completion	Number of rooms in extension on completion	Number of rooms in extension on completion
    	1	2	3 or more
    	£	£	£
    Where no grant has previously been made under this subsection in relation to the dwelling-house.	100	180	260
    Where one grant (and not more) has previously been made under this subsection in relation to the dwelling-house, being a grant in respect of an extension containing, on completion, one room.	80	160	160
    Where either—	80	80	80
    (a) one grant (and not more) has previously been made under this subsection in relation to the dwelling-house, being a grant in respect of an extension containing, on completion, two rooms, or
    (b) two grants (and not more) have previously been so made, each being in respect of an extension containing, on completion, one room.

• (7) Where, in the case of a person who is ordinarily resident in an area which is one of the areas for the time being determined to be Graeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 (No. 21 of 1956), and who is not the occupier of a dwelling-house, such person shows to the satisfaction of the Minister that the Irish language is the language habitually used by him, the Minister may, subject to the provisions of this Act and the provisions of the regulations made by the Minister thereunder, make to him a grant (in this Act also referred to as a building grant) towards the erection of a dwelling-house in any of the said areas for occupation by him.

• (8) An improving grant, sanitation grant or special extension grant shall not be made in relation to a dwelling-house which is a holiday chalet if a holiday chalet building grant or a loan under subsection (1A) of section 8 of this Act has been made in relation thereto.”

• (2) A grant may be made under paragraph (d) of subsection (5) (inserted by subsection (1) of this section) of section 3 of the Act of 1929 in a case in which the combination of grants is a combination of the grants referred to in paragraphs (a) and (b) of that subsection and in which the work towards which the grant is made commenced before the passing of this Act, provided that such work commenced on or after the 30th day of June, 1958.

• (3) A grant may be made under subsection (6) (inserted by subsection (1) of this section) of section 3 of the Act of 1929 in a case in which the work towards which the grant is made commenced before the passing of this Act provided that it commenced on or after the 1st day of April, 1959.

• (4) The amount of a grant under subsection (7) (inserted by subsection (1) of this section) of section 3 of the Act of 1929 shall not exceed the appropriate sum specified in the First Schedule to this Act.

4 Holiday chalet building grants, hostel building grants.

4.— The Act of 1929 is hereby amended by the insertion after section 3 of the following section :

“3A. (1) Where, in the case of a person who is ordinarily resident in an area which is one of the areas for the time being determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 (No. 21 of 1956), and who proposes to erect in any of the said areas a holiday chalet, such person shows to the satisfaction of the Minister that the Irish language is the language habitually used by him, the Minister may, in his discretion but subject to the provisions of this Act and the provisions of the regulations made by the Minister thereunder, make to such person a grant (in this Act referred to as a holiday chalet building grant) towards the erection of the chalet and the grant shall not exceed £200 or one-half of the estimated cost of the chalet (whichever is the less).

• (2) Where a body of persons proposes to erect, in an area which is one of the areas for the time being determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 (No. 21 of 1956), a hostel for the accommodation of visitors and to furnish the hostel, the Minister may, in his discretion but subject to the provisions of this Act and the provisions of the regulations made by the Minister thereunder, make to such body a grant (in this Act referred to as a hostel building grant) towards the erection and furnishing of the hostel and the grant shall not exceed £5,000 or three-quarters of the estimated cost of the hostel and its furniture (whichever is the less).

• (3) A person shall not be eligible for more than one holiday chalet building grant.”

5 Loans.

5.—(1) A loan under subsection (1) of section 8 of the Act of 1929 shall not, where the grant under that Act in relation to which the loan is given is a building grant, exceed the amount of the grant.

• (2) A loan under subsection (1) of section 8 of the Act of 1929 shall not, where the grant under that Act in relation to which the loan is given is an improving grant or a special extension grant, exceed one-half of the amount of the estimated cost of the work towards which the grant was made, and the aggregate in any such case of the loan and the grant shall not exceed that amount.

• (3) A loan under subsection (1) of section 8 of the Act of 1929 shall not, where the grant under that Act in relation to which the loan is given is a holiday chalet building grant, exceed £200, and the aggregate in any such case of the loan and the grant shall not exceed the estimated cost of the chalet.

• (4) Section 8 of the Act of 1929, as amended by subsection (2) of section 3 of the Act of 1953, is hereby further amended—

• (a) by the insertion in subsection (1) before “a sanitation grant” of “a hostel building grant or”;

• (b) by the insertion after subsection (1) of the following subsection :

• “(1A) Where—

  • (i) a person to whom a holiday chalet building grant has been granted proposes to build another holiday chalet in any of the areas for the time being determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 (No. 21 of 1956), and

  • (ii) the Minister is satisfied that such person is so circumstanced that he is unable to undertake the building of the other chalet without monetary assistance, and

  • (iii) no certificate under this subsection, or one such certificate only, has previously been issued in respect of such person,

  the Minister may, subject to the provisions of this Act and regulations thereunder, issue to the Commissioners a certificate in the prescribed form that such person may be granted a loan under this Act of such sum, not exceeding three hundred pounds or three-quarters of the estimated cost of the other chalet (whichever is the less), as the Minister shall think proper and shall specify in such certificate.”; and

• (c) by the substitution in subsection (2) of “subsection (1) or subsection (1A) of this section” for “the foregoing subsection”.

6 Relief from rates.

6.—(1) In every case in which—

• (a) a building grant, hostel building grant or holiday chalet building grant, or a loan pursuant to a certificate under subsection (1A) (inserted by subsection (4) of section 5 of this Act) of section 8 of the Act of 1929 is made, and

• (b) an increase in the rateable valuation of the tenement consisting of or including the relevant dwelling-house, hostel or holiday chalet is made on an application for the revision of such valuation by reason solely or partly of the erection of such dwelling-house, hostel or holiday chalet, and

• (c) the increase is shown for the first time in any revised valuation lists under the Valuation Acts published on or after the 1st day of March, 1960, the valuation of such tenement shall, in each of the nineteen successive local financial years the first of which is that in which the tenant is first rated on the increased valuation, be deemed to be reduced for rating purposes by the proportion of such increase specified in the second column of the Table to this section opposite the number of the year in the first column of the Table.

• (2) In this section “rating purposes” means the following (and no other) purposes, that is to say, the purpose of the assessment and levying of any rate raised by a local authority for the service of the local financial year in which the tenement referred to in subsection (1) of this section is first rated on the increased valuation referred to in that subsection or for the service of any of the next following eighteen local financial years.

• (3) Without prejudice to the generality of the provisions of the foregoing subsection restricting the meaning of “rating purposes”, it is hereby enacted in particular that notwithstanding the rateable valuation (in this subsection referred to as the full valuation) of a tenement being deemed under this section to be reduced in relation to any local financial year, every computation for the purposes of the Income Tax Acts of the annual value of such tenement shall be made in like manner as if the full valuation were in force for the purposes of county rate in relation to that year.

• (4) Subsection (1) of section 13 of the Act of 1929 is hereby amended as follows :

• (a) it shall not apply in a case in which subsection (1) of this section applies,

• (b) in any other case in which it applies, being a case in which the relevant increased valuation is shown for the first time in any revised valuation lists under the Valuation Acts published on or after the 1st day of March, 1960, the reference in the subsection to twenty years shall have effect as a reference to ten years.

• (5) In this section “local authority” has the same meaning as it has in section 13 of the Act of 1929.

TABLE.

Proportion of Increase in Valuation to be Reduced.

7 Amendment of Schedule to Act of 1929.

7.—Notwithstanding subsection (1) of section 2 of the Act of 1929, for the purposes of the Housing (Gaeltacht) Acts, 1929 to 1959, the district electoral divisions comprised in the Gaeltacht shall be such only of the district electoral divisions mentioned in the Schedule to the Act of 1929 as are situate in the counties of Clare, Cork, Donegal, Galway, Kerry, Mayo and Waterford.

8 Consequential amendments.

8.—(1) The limitations imposed by subsection (1) of section 3 of the Act of 1949, as amended by section 5 of the Act of 1953, on the amounts of grants shall not apply in any case to which subsection (1) or (2) of section 2 or subsection (4) of section 3 of this Act applies.

• (2) A grant shall not be made under subsection (3) (inserted by section 3 of the Act of 1953) of section 3 of the Act of 1929 in a case such as is referred to in subsection (2) of section 3 of this Act or in a case in which, if the grant were made, it would be towards work commencing after the passing of this Act.

• (3)
• (a) A grant shall not be made under subsection (4) (inserted by section 3 of the Act of 1953) of section 3 of the Act of 1929 in a case such as is referred to in subsection (3) of section 3 of this Act.

• (b) A grant shall not be made under the said subsection (4) in a case in which, if the grant were made, it would be towards work commencing after the passing of this Act.

• (c) Paragraph (b) of this subsection shall not prevent the making of a grant in a case in which the grant has been sanctioned before the passing of this Act and is in relation to a dwelling-house not situate in an area which at the time of the sanction was one of the areas then standing determined to be Gaeltacht areas by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956.

• (4) A grant under subsection (7) (inserted by subsection (1) of section 3 of this Act) of section 3 of the Act of 1929 shall be a relevant grant within the meaning and for the purposes of the Housing (Amendment) Act, 1952.

• (5) The restriction imposed by section 4 of the Act of 1934 shall not apply with respect to a grant under subsection (7) of section 3 of the Act of 1929 or a loan related to such a grant.

• (6) The reference in subsection (1) of section 7 of the Housing (Amendment) Act, 1958, to subsection (3) of section 3 of the Act of 1929 shall be construed as including a reference to subsection (5) (inserted by subsection (1) of section 3 of this Act) of the said section 3 and, correspondingly, the reference in subsection (4) of the said section 7 to providing and installing in a house a private water supply and sewerage system shall be construed as including a reference to providing and installing therein a private water supply, sewerage facilities or a fitted bathroom including hot-water supply, or all three or any two of those amenities.

• (7) The restriction imposed by section 4 of the Act of 1934 shall not apply with respect to a holiday chalet building grant, a hostel building grant or a loan related to a holiday chalet building grant.

• (8) Section 6 of the Act of 1929 is hereby amended by the insertion in subsection (1) of “or holiday chalet or hostel” after “dwelling-house”.

• (9) Subsection (1) of section 9 of the Act of 1929 is hereby amended by the insertion of “or holiday chalet” after “dwelling-house” in both places where that word occurs.

• (10) Section 16 of the Act of 1929 is hereby amended by the insertion in paragraph (a) of subsection (1) of “holiday chalets, hostels” after “dwelling-houses,” in both places where that word occurs.

9 Repeals.

9.—The enactments mentioned in the second column of the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

10 Short title and collective citation,

10.—(1) This Act may be cited as the Housing (Gaeltacht) (Amendment) Act, 1959.

• (2) The Housing (Gaeltacht) Acts, 1929 to 1953, and this Act may be cited together as the Housing (Gaeltacht) Acts, 1929 to 1959.

FIRST SCHEDULE. Building Grants in respect of Dwelling-Houses.

SECOND SCHEDULE. Enactments Repealed.