Housing Act , 1966

(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 ofsection 25(1) (c) of theBuilding Societies Act, 1989.

(11)(a)The power under this section to sell a dwelling, otherthan 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 undersection 6of the Housing (Miscellaneous Provisions) Act, 1992, be exercised only by the vesting of the fee simple in the dwelling.

(b)TheLandlord 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

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):

(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):

(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):

(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):

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

(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

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.

(7)F80[Any person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding£1,000 and if the obstruction is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding£100.]

(8)In this section, “authorised person” means a person who is appointed by the housing authority to be an authorised person for the purposes of this section.

118. Certain dwellings to be deemed to be provided under this Act.

118.—(1)Dwellings of which a housing authority are the owner which—

(a)immediately before the commencement of this section were deemed, by virtue of section 16 of the Housing (Amendment) Act, 1954, to have been provided under the Housing of the Working Classes Acts, 1890 to 1958,

(b)immediately before the commencement of this section were deemed, by virtue of section 20 of the said Act, to have been provided under the Labourers Acts, 1883 to 1962, or

(c)are used by the authority for the purposes of this Act and which, apart from this section, would be dwellings not provided by the authority under this Act,

shall be deemed to be dwellings provided under this Act.

(2)A housing authority may, as respects a dwelling mentioned in subsection (1) of this section or a dwelling provided under this Act, certify that the dwelling is a dwelling so provided or a dwelling deemed to have been so provided, as may be appropriate, and in any proceedings a certificate issued by the authority under this subsection shall be prima facie evidence of the contents thereof and it shall not be necessary to prove any signature on the certificate.

119. Small dwellings.

119.—Notwithstanding section 6 of this Act, where the ownership of a house has been acquired by means of an advance under the Small Dwellings Acquisition Acts and the advance with interest was not fully paid to the housing authority before the repeal of the said Acts, then—

(a)the provisions of the said Acts which by reason of the making of the advance had effect in any particular case immediately before such repeal shall as respects the case continue to have effect,

(b)the provisions of the said Acts in relation to the application of capital money and the keeping of separate accounts shall continue in force,

until the advance with interest has been fully repaid or the authority have by virtue of this section taken possession of or ordered and conducted a sale of the house and any requirement of the said provisions as to the payment of a sum to the proprietor or the disposal of the proceeds has been satisfied.

120. Amendment of Housing of Working Classes Act, 1890.

120.—In the Housing of the Working Classes Act, 1890, any reference to a local authority shall be construed as a reference to a local authority within the meaning of this Act.

121. Savings.

121.—(1)Notwithstanding section 6 of this Act, where a charging or other order, regulation, loan, advance (other than an advance mentioned in section 119 of this Act), letting or demand is made, or charge created, or condition imposed (including a condition imposed by or under statute other than the Small Dwellings Acquisition Acts), or lease, undertaking, notice or certificate is given or other thing is made, given or done under any enactment repealed by this Act, such hereinbefore mentioned matter or thing, if in force, recoverable or enforceable immediately before such repeal, shall—

(a)in so far as it could have been made, created, imposed, given or done under this Act, have effect as if it were, and be regarded as having been made, created, imposed, given or done under the corresponding provision of this Act, and

(b)in so far as it could not have been so made, created, imposed, given or done, continue to be in force, recoverable or enforceable, and the like proceedings may be taken thereon and the like consequences shall ensue as might have been taken or would have ensued if this Act had not been enacted.

(2)Without prejudice to the generality of subsection (1) of this section:

(a)where, before the repeal by this Act of the Labourers Acts, 1883 to 1962 (other than the Labourers Act, 1936), land is acquired by a housing authority for the purposes of those Acts, the following shall apply:

(i)the provisions of section 22 of the Labourers (Ireland) Act, 1906, shall continue to have effect in respect of the registration of the ownership of the land or any searches made or land certificate issued to the authority in respect of the land,

(ii)the provisions of section 23 of the said Act shall continue to have effect in respect of any agreement, deed, receipt or other instrument whereby the land is vested in the authority and issued under the said Acts;

(b)where, before the commencement of the said section 6, land is acquired by a housing authority under Part II of the Housing (Miscellaneous Provisions) Act, 1931, the provisions of subsection (1) of section 18 of that Act shall continue to apply as respects any public right of way over the land;

(c)where a house is, immediately before the commencement of the said section 6, a house appropriated under section 3 of the Housing (Amendment) Act, 1942, the provisions of the said section 3 shall continue to apply in relation to the house;

(d)the provisions of section 32 of the Act of 1952 and the amendment effected by section 19 of the Housing (Amendment) Act, 1954, shall continue to have effect.

(3)Notwithstanding subsection (1) of this section—

(a)the provisions of Part II of the Housing (Management and Letting) Regulations, 1950, shall continue to apply in relation to the letting of a dwelling to which the regulations applied immediately before the commencement of section 6 of this Act as if this Act other than section 60 had not been enacted,

(b)where, before the commencement of the said section 6, a compulsory purchase order is made by—

(i)a housing authority under section 37 of the Housing (Miscellaneous Provisions) Act, 1931, or section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932, or

(ii)a local authority under section 10 of the Act of 1960,

the provisions of any enactment which immediately before such commencement applied as respects the order, or the house, building or other land to which the order relates, or any right, title, interest or easement in or over such house, building or other land shall continue so to apply.

(4)Any acquisition, sale or lease of land by a housing authority effected before the 22nd day of July, 1952, which would be valid if effected by virtue of section 8 or 11 of the Housing (Ireland) Act, 1919, as amended by section 31 of the Act of 1952, shall continue to be deemed always to have been validly effected under the Housing of the Working Classes Acts and shall henceforth be deemed to have been validly effected under this Act.

(5)In this Act, “under this Act” when used in relation to any land, housing accommodation or other property or in relation to any other matter or thing and any other expression, describing any matter or thing by reference to this Act or to any provision of this Act, shall, save where the context otherwise requires, be construed as including a reference to any Act repealed by this Act or to the corresponding provision of any Act so repealed.

(6)Any document referring to any enactment repealed by this Act shall, save where the context otherwise requires, be construed as referring to the corresponding provisions of this Act.

(7)Nothing in this section shall be held to prejudice or affect the general application of section 20 of the Interpretation Act, 1937.