HOUSING ACT, 1966

73.—(1) Where a housing authority have made a demolition order in respect of a house and the authority have not accepted an undertaking under subsection (8) of section 66 of this Act, and the house forms the subject matter of a lease, either the lessor or the lessee may apply to the Circuit Court for an order determining the lease.

• (2) Upon any application under subsection (1) of this section the Circuit Court, after giving to any sub-lessee an opportunity of being heard, may, if it thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as the court may think just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case.

• (3) In this section, “lease” includes an underlease and any tenancy or any agreement for a lease, under-lease, or tenancy, and “lessor”, “lessee”, and “sub-lessee” shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee.

74. Action under section 65, 66 or 69 of Act not to prejudice other remedies.

74.—No action taken under section 65, 66 or 69 of this Act shall prejudice or affect any other powers (including a power under this Act) of the housing authority or any remedy available to a tenant against a landlord, or to a landlord against a tenant, either at common law or otherwise.

PART V Acquisition of Land, etc.

75. Definitions for purposes of Part V and Third Schedule.

75.—In this Part and the Third Schedule to this Act—

• (a) references to the Lands Clauses Acts shall be construed as references to those Acts (other than the Acquisition of Land (Assessment of Compensation) Act, 1919) as amended by the Second Schedule to the Act of 1890 and this Act;

• (b) “the Acquisition of Land (Assessment of Compensation) Act, 1919”, means the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925, the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963;

• (c) “the Act of 1890” means the Housing of the Working Classes Act, 1890;

• (d) “house” means a building which is—

• (i) wholly or principally used on the relevant date for human habitation, or

• (ii) neither wholly nor principally used for human habitation on the relevant date but which, when last wholly or principally used, was so used for human habitation,

and includes any yard, outoffices or appurtenances, garden or other land belonging thereto or usually enjoyed therewith;

• (e) “owner” means in relation to land a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term whereof exceeds three years;

• (f) “relevant date” means in relation to a house the date on which the notice as respects the making of the compulsory purchase order relating to the house is published in accordance with article 4 of the said Third Schedule.

76. Procedure for compulsory acquisition of land.

76.—A housing authority acquiring land compulsorily for the purposes of this Act may be authorised to do so by means of a compulsory purchase order made by the authority and submitted to and confirmed by the Minister in accordance with the provisions contained in the Third Schedule to this Act.

77. Compulsory acquisition of land not immediately required.

77.—A housing authority may be authorised to acquire compulsorily for the purposes, and in accordance with section 76, of this Act, land not immediately required for those purposes, provided that the Minister is of opinion that there is reasonable expectation that the land will be required by the authority in the future in order to attain any of the objectives to which they are required by subsection (3) of section 55 of this Act to have regard in preparing a building programme.

78. Validity and date of operation of compulsory purchase orders.

78.—(1) As soon as may be after the Minister has made a confirmation order confirming a compulsory purchase order, whether in respect of all or part of the land to which the compulsory purchase order relates, the housing authority shall publish in a newspaper circulating in their functional area a notice in the prescribed form stating that the compulsory purchase order has been confirmed as respects all or part of the land, as the case may be, and naming a place where a copy of the compulsory purchase order as so confirmed and of the map referred to therein may be seen at all reasonable times and shall serve a like notice on every person having an interest in the land as respects which the compulsory purchase order has been confirmed who, having given notice to the Minister of his objection to the compulsory purchase order, appeared at the local public inquiry in support of his objection.

• (2) If any person aggrieved by a compulsory purchase order which has been confirmed by the Minister (whether in respect of all or part of the land to which the compulsory purchase order relates) desires to question its validity he may, not later than three weeks after the publication of notice of the confirmation order, make an application for the purpose to the High Court, and where any such application is duly made the court—

• (a) may by interim order suspend the operation of the compulsory purchase order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;

• (b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.

• (3) A compulsory purchase order as confirmed by a confirmation order shall—

• (a) as respects the land to which the confirmation order relates;

• (i) in case no application mentioned in subsection (2) of this section is made or in case such application is withdrawn—become operative at the expiration of the period ending twenty-one days after the notice required by subsection (1) of this section is published, or the withdrawal of the application, or

• (ii) in case such an application is made and is not withdrawn, and the court decides neither to quash the order as confirmed as aforesaid, nor to quash the order in so far only as it affects any property of the applicant—become operative on the date of the determination of the application,

• (b) in case an application mentioned in subsection (2) of this section is made and is not withdrawn, and the court decides to quash the order in so far only as it affects any property of the applicant—become operative, on the date of the determination of the application, in so far as it affects any property other than the said property of the applicant.

• (4) Subject to the provisions of subsection (2) of this section, a person shall not question a compulsory purchase order by prohibition or certiorari or in any legal proceedings whatsoever.

• (5) So soon as may be after a compulsory purchase order has become operative, the housing authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation.

79. Notice to treat.

79.—(1) Where a compulsory purchase order made and confirmed under this Act has become operative and the housing authority decide to acquire land to which the order relates, the authority shall serve a notice (in this Part referred to as a notice to treat) on every owner, lessee and occupier of the land F59[…] stating that they are willing to treat for the purchase of the several interests in the land and requiring each such owner, lessee and occupier to state within a specified period (not being less than one month from the date of service of the notice to treat) the exact nature of the interest in respect of which compensation is claimed by him and details of the compensation claimed, and, if the authority so require, distinguishing separate amounts of the compensation in such manner as may be specified in the notice to treat and showing how each such amount is calculated.

• (2) A notice to treat served under subsection (1) of this section shall be deemed to be a notice to treat for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919.

80. Power of entry on, taking possession and use of land.

80.—(1) Where a housing authority are by a compulsory purchase order made and confirmed under this Act authorised to acquire land compulsorily for the purposes of this Act, the authority may, at any time after the service of notices to treat in respect of the land, on giving not less than fourteen days' notice in writing to every owner, lessee and occupier of the land, enter on, take possession of and use the land or such part thereof as may be specified in the notice without previous consent of any such owner, lessee or occupier or compliance with the provisions of the Lands Clauses Acts relating to entry on lands and the authority shall be liable to the payment of the like compensation as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the date of such entry.

• (2) Where a housing authority—

• (a) agree to purchase land and the purposes for which the land is being acquired are purposes of this Act, or

• (b) propose to appropriate land to any purpose of this Act,

subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after the agreement has been made or the consent to the appropriation has been given by the appropriate Minister within the meaning of section 85 of this Act, the authority may, after giving to the person so in possession twenty-one days' notice in writing, without previous consent, enter on, take possession of and use the land or such part thereof as is specified in the notice but subject to the payment to the person so in possession of the like compensation together with interest upon such compensation as from the date of such entry as if the authority had been authorised to acquire the land compulsorily and the person had in pursuance of the authorisation been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions of the Lands Clauses Acts relating to entry on lands.

81. Vesting order.

81.—(1) Where a housing authority have entered on and taken possession of land in accordance with the powers conferred upon them by section 80 of this Act and where, after the expiration of six months from the date of such entry—

• (a) the several interests in the land have not been conveyed or transferred to the authority,

• (b) the authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

• (c) the authority have made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his interest to enable the authority to make a proper offer for such interest,

the authority may by order (in this Act referred to as a vesting order) acquire the land.

• (2) Where a housing authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

• (3) When a housing authority make a vesting order they shall within seven days after making the order—

• (a) publish in one or more newspapers circulating within their functional area a notice stating that the order has been made, describing the land referred to therein and naming a place where a copy of the order may be seen at all reasonable times, and

• (b) serve on every person appearing to them to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

82. Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942.

82.—(1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it applies and it shall be expressed and shall operate to vest the land in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date (in this Act referred to as the vesting date) not earlier than twenty-one days after the making of the order.

• (2) Notwithstanding anything in subsection (1) of this section, where a housing authority have acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.

• (3) When a housing authority make a vesting order in relation to any land, they shall send the order to the registering authority and thereupon the registering authority shall cause the housing authority to be registered as owner of the land in accordance with the order.

83. Extinguishment of ways, easements, etc.

83.—(1) F60[…]

• (2) Upon the completion by a housing authority of the acquisition by them, otherwise than by vesting order, of any land for the purposes of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the authority and the person entitled to the right in question, vest in the authority without any conveyance or transfer, and any person who suffers loss by the vesting by virtue of this subsection of any such right or property shall be entitled to be paid by the authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

84. Assessment of compensation in respect of land acquired compulsorily.

84.—(1) Where land is acquired compulsorily by a housing authority for the purposes of this Act, the compensation payable in respect thereof shall be;

• (a) in the case of land consisting of a house mentioned in article 3 of the Third Schedule to this Act—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part I of the Fourth Schedule to this Act,

• (b) in the case of any other land—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part II of the Fourth Schedule to this Act.

• (2) Subject to subsection (1) of this section and to paragraph (l) of article 2 of the said Third Schedule, the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.

85. Appropriation of land to purposes of this Act.

85.—F61[…]

86. Amendment of section 10 of Local Government (No. 2) Act, 1960.

86.—(1) The following section shall be substituted for section 10 of the Act of 1960—

“10. (1) Where—

• (a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,

• (b) those purposes are purposes other than the purposes of the Housing Act, 1966, or are purposes some only of which are purposes of that Act, and

• (c) the local authority consider that it would be convenient to effect the acquisition under that Act,

the local authority may decide so to effect the acquisition.

• (2) Where—

  • (a) a local authority consider that any land, whether situate within or outside their functional area, would, if acquired by them, be suitable for the provision of halls, buildings and offices for the local authority, and

  • (b) the local authority consider that it would be convenient to effect the acquisition under the Housing Act, 1966,

  the local authority may decide so to effect the acquisition.

• (3)

  • (a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to acquire the land compulsorily by means of a compulsory purchase order as provided for by section 76 of the Housing Act, 1966, and the Third Schedule thereto and for the purposes of this paragraph any reference to a housing authority in the said section 76 or the said Third Schedule shall be construed as a reference to a local authority.

  • (b) For the purposes of paragraph (a) of this subsection, ‘the Minister’, wherever that expression occurs in section 76 of the Housing Act, 1966, and the Third Schedule thereto shall be construed as referring to the appropriate Minister.

• (4)

  • (a) The provisions of sections 78, 79, subsection (1) of section 80, sections 81, 82 and 84 of the Housing Act, 1966, and the Fourth Schedule thereto, shall apply in relation to an order made by virtue of this section and any reference in the said sections and subsection and in the said Fourth Schedule as so applied to a housing authority or the Minister shall be construed as a reference as to the local authority or the appropriate Minister, respectively.

  • (b) The provisions of sections 3, 4, 5 and 49 of the Housing Act, 1966, are hereby extended so as to have effect for the purposes of this section, and any reference in the said sections as so extended to a housing authority or, except in the said section 5, to the Minister shall be construed as a reference to the local authority or the appropriate Minister, respectively.

  • (c) The provisions of subsection (2) of section 83 of the Housing Act, 1966, shall apply in relation to land acquired by means of an order made by virtue of this section.

  • (d) Where—

    • (i) an order is made by virtue of this section, and

    • (ii) there is a public right of way over the land to which the order relates or any part thereof,

    the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.

  • (e) Where—

    • (i) an order made by virtue of this section authorises the extinguishment of a public right of way, and

    • (ii) apart from this paragraph, it would not be obligatory on the Minister to cause a public local inquiry to be held pursuant to the Third Schedule to the Housing Act, 1966,

    it shall be obligatory on the Minister to cause the inquiry to be held save where he thinks fit not to confirm the order.

• (5) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to acquire land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.

• (6) In this section, ‘land’ includes any interest or right over land granted by or held from the local authority acquiring the land.”

• (2) In construing a compulsory purchase order made by virtue of the said section 10, the reference in any enactment incorporated therein which, but for this subsection, would by virtue of sub-article (5) of article 5 of the Third Schedule to this Act be construed as a reference to a housing authority, shall be construed as a reference to a local authority.

87. Amendment of section 10 of Local Government (Ireland) Act, 1898.

87.—F62[…]

PART VI Disposal of Land and Dwellings

Chapter I Land

88. Disposal of land by housing authority.

88.—F63[…]

Chapter II Certain Dwellings Provided under this Act

89. Interpretation (Chapter II of Part VI).

89.—In this Chapter—

F64[“dwelling” means a dwelling provided by a housing authority under this Act of which they are the owner and includes any shop, outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith;]

F65[“purchase money”, in relation to a dwelling, means—

• (a) the purchase price of the dwelling after taking into account any reduction in the price as a result of any discount or other allowance made by the housing authority concerned, and

• (b) any interest payable on the amount determined in accordance with paragraph (a) of this definition;

“purchaser” means the person (including a housing authority) to whom a sale is made and includes a successor in title of that person and the personal representative of that person or successor in title;

“sell”, in relation to a dwelling, means to sell or exchange a freehold or leasehold estate or interest, and cognate words shall be construed accordingly;]

“special condition” means a condition requiring that—

• (a) payments in respect of the purchase money shall be made punctually on the due dates,

• (b) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title,

• (c) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

90. Power of housing authority to sell or lease certain dwellings provided under this Act.

F66[90.(1) Subject to the provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, a housing authority may sell a dwelling in the state of repair and condition existing at the date of the sale—

• (a) where the dwelling is occupied by a tenant—

• (i) F67[…]

• (ii) to another housing authority, or

• (iii) to a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992;

• (b) where the dwelling is not occupied by a tenant, to any person (including another housing authority).

• (2) F67[…]

• (3) F67[…]

• F68[(4)
• (a) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section.

• (b) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000, and for the purposes of this paragraph ‘land’ does not include a dwelling.]

• (4A) F67[…]

• (5) A sale of a dwelling under this section shall be effected by means of an order (in this section referred to as a “transfer order”) made by the housing authority which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified therein, subject to such terms and conditions, including special conditions, as may be specified therein.

• (6) Where a dwelling, being a separate and self-contained flat in premises divided into two or more such flats, is sold under this section, a housing authority may—

• (a) make a periodic or other charge on the purchaser in respect of the management, control, maintenance or improvement of the areas, works or services in the said premises that are common to two or more such dwellings where such functions are performed by the authority,

• (b) as respects any sum due to them under paragraph (a) of this subsection and remaining unpaid after the due date—

• (i) secure payment of the sum by charging the dwelling under the Registration of Title Act, 1964,

• (ii) without prejudice to subparagraph (i) of this paragraph, recover the sum as a simple contract debt in any court of competent jurisdiction,

• (c) subject to the requirements of regulations (if any) under this section, transfer the ownership or control of the areas, works or services in the said premises that are common to two or more such dwellings to a company or other body having as an object the management, control, maintenance or improvement of the said premises, areas, works or services.

• (6A) F67[…]

• (7) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:

• (a) F69[…]

• (b) F69[…]

• (c) F69[…]

• (d) the determination of the amount of the purchase price of a dwelling;

• (e) the determination of any discount or other allowance to be deducted from the purchase price of a dwelling;

• (f) the manner of payment of the purchase money for a dwelling;

• (g) the determination from time to time of the rate of interest (if any) payable to a housing authority on moneys owing to the authority in respect of a dwelling;

• (h) the security (if any) to be taken for moneys owing to a housing authority and the manner of assessing its adequacy;

• (i) the form of, or the matters to be specified in, a transfer order;

• (j) such other terms and conditions, including special conditions and the period for which they shall apply, in relation to the sale of a dwelling as the Minister considers appropriate;

• (k) in case of a sale of a dwelling under paragraph (a)(iii) of the said subsection (1)—

• (i) the form of or the matters to be specified in an agreement between the housing authority and the body in relation to the sale of the dwelling;

• (ii) the obtaining of the tenant's consent to the sale of the dwelling and the manner of so doing;

• (iii) the furnishing of information to the tenant for the purpose of obtaining his consent;

• (iv) the tenant's occupation of the dwelling following its sale;

• F70[(l) in the case of a sale under this section, the obtaining of the consent of the Minister to the sale;];

• (m) the application of section 3 of the Housing (Miscellaneous Provisions) Act, 1992, to the sale of a dwelling under this section.

• (8) No warranty shall apply or be deemed to be implied as to the state of repair or condition or the fitness for human habitation of a dwelling sold under this section.

• (9) Where a housing authority give or have given consent to a mortgage in respect of a dwelling sold by them under this section, the authority shall be regarded as having consented to—

• (a) any further or consolidated mortgage effected by the same mortgagor, and

• (b) the exercise by the mortgagee of his powers under either such mortgage.

• (10) Where, in relation to a house sold under this section, a written report on the value of a house and any factors likely to affect its value is furnished by a housing authority in connection with the making of a loan by a building society to be secured on the house, the authority may be deemed to be a person competent to value and not disqualified from making a report for the purposes of section 25 (1) (c) of the Building Societies Act, 1989.

• (11)
• (a) The power under this section to sell a dwelling, other than a dwelling being a separate and self-contained flat in premises divided into two or more such flats or a dwelling to which regulations made pursuant to paragraph (m) of subsection (7) of this section apply, shall, except where the dwelling is vested in another housing authority or a body approved of under section 6 of the Housing (Miscellaneous Provisions) Act, 1992, be exercised only by the vesting of the fee simple in the dwelling.

• (b) The Landlord and Tenant (Ground Rents) Act, 1978, shall not apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a) of subsection (1) of this section.

• (12) The following additional provisions shall apply in respect of a dwelling to which a special condition described in paragraph (c) of section 89 of this Act applies:

• F71[(a) the housing authority may, without prejudice to any other power in that behalf, refuse to consent to a sale of a dwelling if they are of the opinion that—

• (i) the intended purchaser is not a person in need of housing, or

• (ii) the intended purchaser is or has been engaged in antisocial behaviour or that the intended sale of the dwelling would not be in the interest of good estate management, or

• (iii) the intended sale would, if completed, leave the seller or any person who might reasonably be expected to reside with that person without adequate housing;]

• (b) where, in relation to the dwelling—

• (i) a housing authority give or have given consent to a sale, or

• (ii) a mortgagee has exercised his powers of sale under a mortgage,

the condition shall, from the date of such sale, no longer apply;

• (c) any attempted or purported mortgaging, charging or alienation in contravention of the special condition shall be null and void against all persons; provided, however, that in any case where the consent of the housing authority is given after the attempted or purported mortgaging, charging or alienation, such consent shall, if the authority so direct, so operate as to validate with retrospective effect such attempted or purported mortgaging, charging or alienation.]

91. Recovery of payments in respect of purchase money.

91.—Where—

• (a) a special condition described in paragraph (a) of section 89 of this Act applies as respects a dwelling, and

• (b) any payment in respect of the purchase money is not made on the date on which it is required to be made under the condition,

the payment may be recovered by the housing authority as a simple contract debt in a court of competent jurisdiction.

92. Registration under Registration of Title Acts, 1891 and 1942 of ownership of dwellings sold or leased under section 90 of Act.

92.—(1) Where a dwelling is sold or leased under section 90 of this Act and the registration of the ownership of the dwelling is not on the date of the sale or lease compulsory by virtue of any provision either of the Act of 1891 or the Land Purchase Acts, on and after such date the registration of the ownership of the dwelling shall be compulsory and the dwelling shall be deemed to be registered land within the meaning of the Act of 1891.

• (2) Whenever a housing authority sell or lease a dwelling under the said section 90, the authority shall forthwith apply to the registering authority for the registration under the Act of 1891 of the ownership of the dwelling.

• (3) The provisions of Part IV of the Act of 1891 shall have effect in relation to any dwelling which is purchased under this Chapter as if the dwelling were freehold registered land to which the said Part IV applies.

Chapter III Purchase of Certain Cottages under Act of 1936

93. Interpretation (Chapter III of Part VI) and saver.

93.—(1) In this Chapter—

• (a) “the Act of 1950” means the Housing (Amendment) Act, 1950 (repealed by this Act);

• (b) “annuity” (except in section 101) has the same meaning as in the Act of 1936 and includes part of such annuity;

• (c) “cottage” means a cottage provided under the Labourers Acts, 1833 to 1962, and, save where the context otherwise requires, includes the plot (if any) provided with such cottage;

• (d) “purchase scheme” has the same meaning as it has for the purposes of the Act of 1936;

• (e) “qualified person” means a qualified person for the purposes of section 16 of the Act of 1936.

• (2) Notwithstanding the repeal by this Act of section 26 of the Housing (Amendment) Act, 1958, the Act of 1936 together with section 1 and Part III of the Housing and Labourers Act, 1937, shall continue in force until such time as they are repealed or terminated.

94. Purchase of certain cottages under Act of 1936.

94.—(1) Where a housing authority have provided a cottage before the 1st day of January, 1966, and the authority have not complied with the requirement of subsection (2) of section 12 of the Act of 1936 (repealed by this Act) in relation to the cottage, the authority shall, not later than twelve months after the commencement of this section, prepare and submit to the Minister a purchase scheme in relation to the cottage.

• (2) The provisions of the Act of 1936 shall apply as respects any purchase scheme prepared and submitted to the Minister under this section in like manner as if the scheme had been prepared and submitted under that Act.

95. Restriction on applications under section 16 of Act of 1936.

95.—(1) Section 16 of the Act of 1936 shall have effect subject to the following modifications:

• (a) where a purchase scheme in relation to a cottage is in force immediately before the commencement of this section and no application in respect of the cottage has been sent to the housing authority under the said section 16, an application may be sent under that section if, but only if, it is so sent not later than eighteen months after the commencement of this section;

• (b) where a purchase scheme in relation to a cottage comes into force on or after the commencement of this section, an application in respect of the cottage may be sent to the housing authority if, but only if, it is so sent not later than eighteen months after the commencement of this section or six months after the day on which the purchase scheme comes into force, whichever is the later.

• (2) A housing authority shall inform each tenant of a cottage within their functional area of the application which may be sent to the authority by a qualified person and the period within which the application must be sent and each such tenant shall be so informed as soon as practicable after,

• (a) in case the relevant purchase scheme is in force immediately before the commencement of this section—such commencement, or

• (b) in case the relevant purchase scheme comes into force on or after the commencement of this section—the day on which the purchase scheme comes into force.

96. Cottages in urban areas.

96.—(1) Where a cottage in respect of which an application may be sent under section 16 of the Act of 1936 comes within an urban area not more than eighteen months either before or after the commencement of section 94 of this Act, the housing authority to whom the application may be so sent shall not, within the period during which the application may be so sent, transfer the cottage to the housing authority for the urban area.

• (2) The right of a person to send an application under section 16 of the Act of 1936 shall not in any way be affected by reason only of the fact that the cottage is at any time situate within an urban area.

• (3) Where a cottage purchased under the Act of 1936 comes within an urban area, whether before or after the commencement of this section, all the provisions of the Act of 1936 shall continue to apply in relation to the cottage and the functions in relation to the cottage which could formerly be performed by the authority by whom the relevant vesting order under section 17 of the Act of 1936 was made shall thenceforth be performed by the housing authority for the urban area and in case the cottage came within an urban area before the commencement of this section, the said provisions shall be deemed to have continued to so apply and the said functions shall be deemed to have been so performable as and from the date on which the cottage came within the urban area.

• (4) In this section, “urban area” means a county or other borough or urban district.

97. Power to declare certain persons to be qualified persons.

97.—Where, immediately before the commencement of this section, a cottage is let by a housing authority under section 24 of the Act of 1950, the following provisions shall have effect:

• (a) the authority may declare that the person to whom the cottage was so let is a qualified person, and thereupon such person shall become a qualified person;

• (b) the making of a declaration under this subsection shall be a reserved function.

98. Cottage or plot may be charged, mortgaged, subdivided or alienated.

98.—(1) Notwithstanding sections 17 and 21 of the Act of 1936, and subject to the provisions of this section, any cottage, plot or part of a plot held with a cottage may be and shall be deemed always to have been capable, during the payment period in respect of the cottage, of being charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, with the consent of the relevant housing authority.

• (2) Without prejudice to any other power in that behalf, a housing authority may withhold their consent to the alienation of a cottage if they are of opinion that—

• (a) the person to whom it is intended to alienate the cottage is a person who is not in need of housing, or

• (b) the alienation would, if effected, cause or be likely to cause the person intending to make the alienation or any of his dependants to be a person without adequate or suitable housing.

• (3) Where a cottage which is subject to and charged with the future payment of an annuity is intended to be sold or transferred, the housing authority may, before consenting to the sale or transfer, require the annuity to be redeemed under section 99 of this Act.

• (4) Where a plot or part of a plot held with a cottage which is subject to and charged with the future payment of an annuity is charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, after the commencement of this section, the housing authority shall apportion the annuity in such manner as they consider appropriate, and in the case of a sale or a transfer the authority shall require to be redeemed under section 99 of this Act the part of the annuity apportioned by them in respect of the plot or the part of a plot.

• (5) F72[…]

• (6) In case any person, without the consent of a housing authority, attempts or purports to effect in relation to any cottage, plot or part of a plot held with a cottage, a charge, mortgage, subdivision or alienation as respects which the consent of a housing authority is required by this section or by a vesting order made under section 17 of the Act of 1936, such attempted or purported charging, mortgaging, subdivision or alienation shall be null and void against all persons; provided, however, that in any case where the consent of the authority is given after the attempted or purported charging, mortgaging, subdivision or alienation, such consent shall operate, if the authority so direct, to validate with retrospective effect, such attempted or purported charging, mortgaging, subdivision or alienation.

99. Redemption of annuities.

99.—An annuity at any time outstanding may, if the housing authority entitled to receive the annuity think fit, be redeemed by the person liable to pay the annuity by payment to the authority of such amount as may be approved by the Minister, and the premises, which but for this section would be subject to and charged with the payment of the annuity or the part, shall, on receipt by the authority of the amount so approved, stand freed and discharged from the payment of the annuity.

100. Act of 1936 wholly or otherwise to cease to apply in certain circumstances.

100.—(1) Where—

• (a) a cottage, plot or part of a plot held with a cottage, subject to and charged with the future payment of an annuity is either alienated, or is acquired by the housing authority to whom, before the acquisition, the annuity was required to be paid, or

• (b) an annuity is redeemed under section 99 of this Act,

all the provisions of the Act of 1936, including the statutory conditions which but for this subsection would continue to apply in respect of the cottage, plot or part of a plot during the payment period shall, in case the cottage, plot or part of a plot is so acquired or the annuity, as respects the cottage, plot or part of a plot is redeemed in full, cease so to apply, or in any other case, cease so to apply to such extent as the housing authority may, by order, determine.

• (2) In this section, “statutory conditions” and “payment period” have the same meanings as in section 17 of the Act of 1936.

101. Provisions as respects amount of annuities.

101.—(1) Notwithstanding anything contained in the Act of 1936 or in a purchase scheme, the provisions of subsection (2) of this section shall have effect.

• (2) Where the rent of a cottage is revised, whether before or after the commencement of this section, otherwise than on account of any change in the amount of the municipal or county rate, or otherwise than on account of the provisions of a scheme providing for graded or differential rents, the following provisions shall apply:

• (a) the amount of the terminable annuity to be paid in respect of the cottage as the consideration for the purchase thereof shall be the amount (in this section referred to as the revised amount) which bears the same proportion to the yearly amount payable in respect of such rent, when so revised, as the amount of the terminable annuity specified in the relevant purchase scheme bears to the amount which was payable annually as respects such rent when the purchase scheme came into force, and

• (b) the amount of the terminable annuity specified in the relevant purchase scheme shall, for the purposes of the Act of 1936, be deemed to be equal to the revised amount.

102. Amendment of certain provisions of, and validation of certain orders under, Act of 1936.

102.—(1) The Act of 1936 shall be amended as follows:

• (a) paragraph (d) of subsection (2) of section 17 is hereby amended by the insertion of the following subparagraph after subparagraph (vi):

• “(via) that subject to the provisions of subparagraph (iii) of this paragraph, the cottage shall be occupied as his normal place of residence by a person who is a person mentioned in subparagraph (ii) of this paragraph,”;

• (b) in section 24—

• (i) “or if during such period the cottage for a continuous period of more than eighteen months, is not occupied as his normal place of residence by a person mentioned in subparagraph (ii) of paragraph (d) of subsection (2) of section 17 of this Act,” is hereby inserted before “such board of health may” in subsection (1);

• (ii) “any other grounds” is hereby substituted for “failure to comply with any other statutory condition” in subparagraph (ii) of paragraph (b) of subsection (2);

• (iii) the following is hereby substituted for subsection (3):

• “(3) Notwithstanding subsection (2) of this section, upon the hearing of an application under subsection (1) of this section the justice of the District Court hearing the application may—

  • (a) in case he is satisfied that the notice required by this section has been duly given and that a statutory condition mentioned in the notice has not been complied with, or

  • (b) in case he is satisfied that, for a continuous period of more than eighteen months during the payment period in respect of a cottage, the cottage has not been occupied as his normal place of residence by a person mentioned in subparagraph (ii) of subsection (2) of section 17 of this Act and on an undertaking by the applicant to pay to the person in whom, on the date of the application, the cottage is vested an amount approved by the Minister, being not less than the value of the aggregate of the moneys which have been received by the applicant towards the consideration for the purchase of the cottage to which the application relates,

  issue the warrant.”;

• (iv) in subsection (4), “sections 86 and 87” is hereby substituted for “section 86”, where that reference first occurs and “subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a cottage cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to ‘the owner’ without naming him” is hereby inserted after “this section.”

• (v) “and thereupon the cottage shall for all purposes be deemed to be a dwelling provided under the Housing Act, 1966” is hereby inserted after “fee simple” in paragraph (b) of subsection (5);

• (vi) the following is hereby inserted after subsection (5):

• “(6) Upon the hearing of an application under subsection (1) of this section it shall be presumed, until the contrary is proved, that, for a continuous period of more than eighteen months during the payment period in respect of the cottage, the cottage has not been occupied as his normal place of residence by a person mentioned in the said subparagraph (ii).”

• (c) in section 27—

• (i) “notwithstanding that the annuity relating to the cottage has been redeemed or has otherwise ceased to be payable,” and “(in this section referred to as the consolidated holding)” are hereby inserted after “the Irish Land Commission may” and “one holding” respectively in subsection (1);

• (ii) the following is hereby inserted after subsection (1):

• “(1A) Subject to subsection (2) of this section, the making of a consolidating order shall operate to transfer to the relevant consolidated holding every estate, interest, right, burden, charge (including an annuity payable under this Act, a purchase annuity payable under the Land Purchase Acts or a reclamation annuity within the meaning of the Land Reclamation Act, 1949), liability or equity which immediately before the date of consolidation, was charged upon, attached to or otherwise affected the cottage or holding to which the declaration in the order relates, and any such charge so transferred shall be deemed always to have been charged on the consolidated holding and the amount of the charge shall continue to be recoverable in the manner and with the priority in and with which it could have been recovered before the order was made.”;

• (iii) the following is hereby inserted after subsection (2):

• “(3) The registering authority under the Act of 1891 shall, on the application of the Irish Land Commission, register the ownership of the consolidated holding and shall make such changes in the appropriate register as appear to him to be necessary”;

• (d) paragraph (d) of section 29 is hereby amended by the insertion of “addressing it to ‘the owner’, without naming him and” before “delivering” and by the substitution of “or” for “or by”.

• (2) Notwithstanding subsection (2) of section 17 of the Act of 1936, an order made under subsection (1) of that section and expressed to vest a cottage in a person in fee simple on a day being not later than the 31st day of December, 1964, shall be deemed never to have failed to operate to vest the cottage by reason only of the fact that the vesting day expressed in the order is a day other than the gale day which next followed the date of the order.

• (3) F73[…]

• (4) Paragraph (a) of subsection (1) of this section shall be deemed to have come into operation on the 29th day of June, 1936, and every order under section 17 of the Act of 1936 and made before the commencement of this section shall be deemed to have expressed and shall operate and shall be deemed always to have operated to apply the provisions contained in the amendment effected by the said paragraph (a).

103. Amendment of section 46 of Land Act, 1923.

103.—Section 46 of the Land Act, 1923, shall be construed as if the references to the original holding included references to a cottage in respect of which an annuity has been fully paid, or has been redeemed under section 3 of the Labourers Act, 1965, or section 99 of this Act.

104. Amendment of sections 6 and 7 of Land Act, 1946.

104.—Sections 6 and 7 of the Land Act, 1946, shall each be construed as if the references to the original holding included references to a cottage.

105. Saver.

105.—Nothing in this Chapter shall be construed as enabling a housing authority to make a purchase scheme in relation to any of the following:

• (a) a cottage in relation to which a special contribution within the meaning of section 44 of this Act is made by the Minister to the authority;

• (b) a cottage containing two or more separate tenements;

• (c) a cottage situate on state land (other than state land to which the housing authority have, within six months after the commencement of this section, become the owner in fee simple);

• (d) a cottage which, immediately before the commencement of this section, was appropriated under section 3 of the Housing (Amendment) Act, 1942 (repealed by this Act);

• (e) a cottage in relation to which subsection (1) of section 34 of the Act of 1948 would apply but for section 6 of this Act;

• (f) a cottage provided under section 24 of the Act of 1950 other than a cottage in relation to which a declaration is made either under subsection (3) of the said section 24 or section 97 of this Act.

Chapter IV Miscellaneous

106. Duty of housing authority to put certain cottages and dwellings into good structural condition.

106.—F74[…]

107. Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority.

107.—(1) If during the payment period—

• (a) the owner of a house sold or leased under section 11 of the Housing (Ireland) Act, 1919, cannot be found or ascertained,

• (b) a special condition applying as respects a dwelling is not complied with, or

• (c) the owner of a dwelling sold or leased under section 90 of this Act cannot be found or ascertained,

the housing authority may (without prejudice to any other method of recovering possession) subject to the provisions of this section, apply to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for the issue of a warrant under this section.

• (2) Before making an application under subsection (1) of this section in relation to the non-compliance with a special condition applying as respects a dwelling, the housing authority shall give to the owner of the dwelling not less than twenty-one days' notice in writing of their intention to make the application and every such notice shall state the grounds on which the application is to be based.

• (3) Upon the hearing of an application under subsection (1) of this section grounded upon non-compliance with the special condition mentioned in paragraph (b) of section 89 of this Act, it shall be presumed, until the contrary is proved, that the condition has not been complied with.

• (4) Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall—

• (a) in case he is satisfied that the notice required by this section has been duly given and that a special condition mentioned in the notice has not been complied with, or

• (b) in case he is satisfied that the owner of the house or dwelling cannot by reasonable enquiry be found or ascertained and on an undertaking being given by the authority in accordance with subsection (7) of this section,

issue the warrant.

• (5) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a house or dwelling cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the owner” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.

• (6) Whenever a warrant is issued under this section and a housing authority recover possession of a house or dwelling by virtue of the warrant, the following provisions shall have effect:

• (a) all the estate, right, interest and title of the person to whom the house or dwelling was leased or sold, and any other person claiming through or under him shall vest in the authority without any conveyance or transfer and thereupon the house or dwelling shall for all purposes be deemed to be a dwelling provided under this Act;

• (b) all the terms or conditions, including any special condition, applied to the dwelling by virtue of this Part shall cease to apply thereto.

• (7) In a case in which the owner cannot be found or ascertained, the housing authority may, at the hearing of an application under subsection (1) of this section, give to the court, as respects the relevant house or dwelling, an undertaking in writing to pay in accordance with an order of the court under subsection (8) of this section the appropriate amount or part thereof together with interest F75[at the rate at which on the date of the undertaking the authority could borrow from the Housing Finance Agency for the purposes of house purchase loans which are subject to a variable interest rate], and calculated as respects the period beginning on the date of the undertaking and ending either on the date of the direction of the court under the said subsection (8) or twelve years after such date, whichever is the earlier.

• (8) Any person who, but for the provisions of subsection (6) of this section, would be entitled to all or part of the estate, right, interest and title in a house or dwelling mentioned in subsection (1) of this section and as respects which an undertaking is given under subsection (7) of this section, may make an application to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for an order under this subsection and on the hearing of the application the justice may, if satisfied that the applicant would, but for the provisions of the said subsection (6) be entitled as aforesaid, order the payment to the applicant by the housing authority by whom an undertaking under the said subsection (7) was given of the appropriate amount and interest, or so much thereof as he shall in the particular circumstances of the case consider appropriate.

• (9) In this section—

“the appropriate amount” means the value of the aggregate of any moneys paid to a housing authority in respect of the sale or lease by the authority of a house or dwelling mentioned in subsection (1) of this section and in relation to which the application is brought under subsection (8) of this section;

“cottage” means a cottage within the meaning of section 93 of this Act;

“payment period” means the period for payment to the housing authority of purchase or other money or of rent in respect of the relevant house or dwellings;

“special condition” means a special condition within the meaning of section 89 of this Act.

108. Capital money.

F76[108.—Capital money arising from the disposal of land under this Part of this Act shall be applied for a purpose approved of by the Minister.]

PART VII Exercise and Default in Exercise of Functions under this Act

109. Exercise by housing authority of functions under this Act outside functional area.

109.—(1) A housing authority may perform any of their functions under this Act outside their functional area.

• (2) Where a housing authority intend to perform a function in the functional area of another housing authority, the authority by whom the function is intended to be performed and the other authority may make and carry out an agreement in relation to the function, and where an agreement is made under this section the parties to the agreement may terminate it at any time if they so agree.

• (3) The making of an agreement under this section shall be a reserved function.

110. Committees.

110.—F78[…]

111. Failure of housing authority as respects performance of functions under Act.

111.—(1) Whenever the Minister is of opinion that a housing authority have failed to perform any of their functions under this Act, or have failed to perform any such function in a satisfactory manner, he may by order require the authority to perform the function, and the Minister may, if he thinks fit, specify in the order the manner in which or the time or times within which the function is to be performed or both such manner and such time or times, and if the authority fail to comply with such a requirement of the order or fail to comply with a requirement in a satisfactory manner, the Minister may by a further order invest himself with and perform such of the said functions of the authority as may be necessary to remedy the failure.

• (2) Where the Minister is of opinion that it would be more convenient that any function under this Act which may be performed by him by virtue of an order under subsection (1) of this section, should be performed, whether generally or in a particular case, by a housing authority or by a person, he may—

• (a) require the authority to perform the function,

• (b) make an agreement with the person for the performance of the function by him on the Minister's behalf,

and thereupon the function shall become performable by the authority or the person, as may be appropriate, as if the authority or the person, as the case may be, were the housing authority in respect of whose function under this Act the order was made.

• (3) The Minister may by order vest in and transfer to a housing authority in respect of any of whose functions under this Act an order has been made under subsection (1) of this section any property, debt or liability acquired or incurred in the performance of the function by the Minister or on his behalf, and such property, debt or liability shall vest and attach accordingly.

• (4) Nothing in this section shall be construed as enabling a person to acquire land otherwise than by agreement.

PART VIII Miscellaneous

112. Provision of technical assistance.

112.—A housing authority may provide technical assistance to persons purchasing or otherwise providing sites or reconstructing, enlarging, improving, purchasing or otherwise providing dwellings.

113. Power to provide prizes or other incentives for the maintenance of houses, etc.

113.—For the purpose of encouraging the proper maintenance of houses, gardens, open spaces or amenities, a housing authority may, if they so think fit, provide such prizes in competitions or such other incentives as the authority may determine for the maintenance of the houses, gardens, open spaces, or amenities in their functional area or in a particular part of their functional area.

114. Conditions to be complied with on letting of house for habitation.

114.—F79[…]

115. Prohibition on persons interested voting as members of housing authority or certain committees.

115.—(1) A person shall not vote as a member of a housing authority or any committee mentioned in section 110 of this Act upon any resolution or question which is proposed or arises in pursuance of this Act, if it relates to any house or other land in which he is beneficially interested and if, at the time of the vote on any such resolution or question, it is known to the person recording the vote that a member of the authority or committee is beneficially interested in any house or land to which the resolution or question relates, any vote of such member on the resolution or question shall be disregarded in determining the decision of the authority or committee on the resolution or question.

• (2) A person to whom a dwelling provided under this Act is for the time being let by a housing authority, shall, for the purposes of this section, be deemed to be beneficially interested also in any other dwelling so provided and of which an authority are the owner.

• (3) Any person who votes in contravention of this section shall—

• (a) in case the person is a member of a housing authority or a member of a committee mentioned in section 110 of this Act—thereupon cease to be a member of the authority or the committee, as may be appropriate, and

• (b) in case the person is a member of both a housing authority and such a committee—thereupon cease to be a member of both the authority and the committee,

and shall in either case be disqualified for being elected or chosen or being a member of the authority during the period which, but for the cessation of his membership under this section, would be the remainder of his term.

• (4) Any person who votes in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

• (5) In case any person votes in contravention of this section or acts as a member of a housing authority or committee while disqualified for membership under this section, the fact of his giving the vote or so acting, as the case may be, shall not invalidate any resolution or proceeding of the authority or committee.

116. Prosecutions and offences.

116.—(1) An offence under this Act may be prosecuted by the housing authority in whose functional area the offence is committed and in case the offence relates to a function being performed by or on behalf of the Minister under section 111 of this Act, or by a housing authority outside their functional area, the offence may be prosecuted by:

• (a) in case the function is being performed by or on behalf of the Minister—the Minister,

• (b) in case the function is being performed by a housing authority—that authority, or

• (c) in case the function is being performed by a person—that person.

• (2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer or any person purporting to act in such capacity shall also be deemed to have committed the said offence and he as well as the body corporate shall be deemed to be guilty of the offence.

117. Power of authorised person to enter on land.

117.—(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times for any purpose connected with this Act.

• (2) Without prejudice to the generality of subsection (1) of this section, an authorised person may enter on land in accordance with the said subsection (1) for the purpose of—

• (a) survey or valuation, in the case of any house, building or other land which the housing authority by whom the authorised person was appointed may be authorised to acquire for the purposes of this Act,

• (b) survey and examination where it appears to the housing authority by whom the authorised person was appointed that survey or examination is necessary in order to determine whether any function under this Act ought to be performed in respect of any house, building or other land.

• (3) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made.

• (4) Before an authorised person enters under this section on any land, the housing authority shall either obtain the consent, in the case of occupied land, of the occupier, or, in the case of unoccupied land, the owner or shall give to the owner or occupier, as the case may be, not less than fourteen days' notice in writing of the intention to make the entry.

• (5) A person to whom a notice of intention to enter on land has been given under this section by the housing authority may, not later than fourteen days after the giving of such notice, apply, on notice to such authority, to the justice of the District Court having jurisdiction in the district court district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

• (6) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.