STATE LANDS (WORKHOUSES) ACT, 1962

AN ACT TO PROVIDE FOR THE TRANSFER TO HEALTH AUTHORITIES OF THE LANDS TO WHICH THE STATE LANDS (WORKHOUSES) ACT, 1930, APPLIES. [3rd April, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

“the Act of 1924” means the State Lands Act, 1924;

“the Act of 1930” means the State Lands (Workhouses) Act, 1930;

“the Act of 1947” means the Health Act, 1947;

“health authority” has the meaning assigned to it by subsection (1) of section 2 of the Act of 1947, as amended by section 9 of the Health Authorities Act, 1960;

“the Minister”means the Minister for Health.

2 Transfer to health authorities of lands to which Act of 1930 applies.

2.—(1) On the commencement of this Act with reference to a parcel of land to which the Act of 1930 applies, the parcel shall (without any further conveyance, transfer or assignment) become and be vested, for all the estate or interest which immediately before such commencement belonged to the State therein, in the appropriate health authority.

• (2) Where a parcel of land which becomes vested in the appropriate health authority by virtue of this section was, immediately before the commencement of this Act, subject to a lease made by the former Local Government Board for Ireland or by the Commissioners administering the laws for the relief of the poor in Ireland or their predecessors in title or to a lease made or a licence granted under the Act of 1924 or the Act of 1930, this section shall operate to assign to that health authority the benefit of every covenant, condition and agreement contained in the lease or licence and to be performed, observed or fulfilled on the part of the lessee or licensee and every such covenant, condition and agreement shall accordingly be enforceable at the suit of that health authority.

• (3) Subject to subsection (4) of this section, land vested under this section in a health authority shall be deemed to have been acquired by the health authority under the Act of 1947 for the purposes of its powers and duties.

• (4) Where, immediately before the commencement of this Act with reference to a parcel of land, the whole or part of the parcel was held by the council of a county other than the counties of Dublin, Cork, Limerick and Waterford, for the purposes of any of its powers and duties, other than its powers and duties under the Health Acts, 1947 to 1960, the parcel or the part so held, as the case may be, shall, upon such commencement, be deemed to have been acquired by that council for the purposes of the powers and duties for which it was so held before such commencement.

• (5) On the commencement of this Act with reference to a parcel of land, the Act of 1930 shall cease to apply to that parcel.

• (6) Section 12 of the Finance Act, 1895, shall not apply in relation to the vesting of land in a health authority under this section.

• (7) In this section “the appropriate health authority” means, in relation to a parcel of land to which the Act of 1930 applies, the health authority in whose functional area the parcel, or the greater part of the parcel, is situate.

3 Half-yearly reports to be presented to each House of the Oireachtas.

3.—(1) As soon as may be after the 30th day of June and the 31st day of December in every year the Minister shall cause to be laid before each House of the Oireachtas a report, in respect of each parcel of land which is vested in a health authority under this Act and for the disposal of which he has during the preceding half year given his consent under section 89 of the Act of 1947, giving—

• (a) particulars of the land,

• (b) the name and address of the person to whom it was arranged to dispose of the land,

• (c) the consideration in respect of the disposal, and

• (d) particulars of any covenants, conditions or agreements connected with the disposal.

• (2) This section shall not apply to the disposal by a lease for a term not exceeding twenty-one years of a parcel of land vested in a health authority under this Act.

4 Short title and commencement.

4.—(1) This Act may be cited as the State Lands (Workhouses) Act, 1962.

• (2) This Act shall come into operation on such day or days as may be fixed therefor by an order or orders of the Minister, either generally or with reference to a parcel or parcels of land in a specified area or specified areas and different days may be so fixed with reference to different areas.