HOUSING ACT, 1966

• (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.

FIRST SCHEDULE Repeals

Section 6.

SECOND SCHEDULE Matters to which a Housing Authority are to have Regard in Considering Whether a House is Unfit for Human Habitation.

Section 66.

THIRD SCHEDULE Provisions Applicable As Respects Compulsory Purchase Orders

Section 76.

• (a) the Lands Clauses Acts (except sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Act of 1890);

• (b) the Acquisition of Land (Assessment of Compensation) Act, 1919.

• (a) where the purchase money or compensation payable to a person claiming any interest in land does not exceed the sum of F81[£15,000], and the claimant gives prima facie evidence that he is a person having power to sell under the Land Purchase Acts or the Lands Clauses Acts, and satisfies the housing authority that, for not less than six years immediately preceding, he, or his immediate predecessor in title, has been personally, or by an agent, in receipt of the rents or profits of the land, or in actual occupation thereof, the claimant may be dealt with by the authority as the absolute owner of the interest in respect of which he claims, and the purchase money or compensation may be paid to him;

• (b) where any interest in land, in respect of which purchase money or compensation not exceeding the sum of F81[£15,000] is payable, is subject to any mortgage or charge, the amount of the purchase money or compensation may be paid to the person entitled to the mortgage or charge, or if there is more than one such mortgage or charge, then to the person entitled to the mortgage or charge which is first in priority, and the amount so paid shall be received in reduction of the principal sum for the time being owing in respect of the mortgage or charge, notwithstanding any direction, proviso, or covenant to the contrary contained in any instrument;

• (c) where a housing authority have, pursuant to paragraph (a) or (b) of this article, paid purchase money or compensation, not exceeding the sum of F81[£15,000], to any person, the person shall give the authority a receipt in the prescribed form for the purchase money or compensation and, except in the case of land to which a vesting order applies, the receipt shall, where it is given by a person who may be dealt with as absolute owner or by a person entitled to a mortgage or charge on the interest of any such person be effectual to vest absolutely in the authority, free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than a public right of way) the fee simple of the land in respect of which the purchase money or compensation was paid;

• (d) a memorandum of the amount paid under paragraph (b) of this article shall, where practicable, be endorsed on the instrument creating the mortgage or charge, and shall be signed by the person receiving the purchase money or compensation, and a copy of the memorandum shall be furnished by the housing authority to all persons appearing to the authority to be entitled to any interest in the land subject to the mortgage or charge;

• (e) a copy of the receipt mentioned in paragraph (c) of this article shall, on the request of any person entitled to any estate or interest in the land in respect of which the purchase money or compensation was paid, be furnished by the housing authority to that person;

• (f) any person claiming to be entitled to any purchase money or compensation paid to another person under this article, may, within six years after the payment has been made, make an application to the Circuit Court and on the hearing the court may, as it thinks proper, either dismiss the application or make a decree against the housing authority for the amount found due in respect of the claim and the amount for which any such decree is made shall be a debt due to the authority by the person to whom the money was paid by them;

• (g) if—

• (i) it appears to the housing authority that the person making any claim for purchase money or compensation in respect of land, or any estate or interest in land, is not absolutely entitled to the land, estate or interest, or

• (ii) the title to such land, estate, or interest is not satisfactorily shown to the housing authority,

and the purchase money or compensation does not exceed F81[£40,000], the authority may pay it into the Circuit Court and the court shall thereupon have with respect thereto all the jurisdiction exercisable by the High Court under the Lands Clauses Acts and the authority shall thereupon have with respect to the land, estate or interest all the like rights and powers as if the purchase money or compensation had been paid into the High Court;

• (h) section 72 of the Lands Clauses Consolidation Act, 1845, shall have effect as if “F81[£15,000]” were substituted therein for “twenty pounds”;

• (i) notwithstanding the repeal by this Act of the Housing (Miscellaneous Provisions) Act, 1931, “two” shall continue to be substituted for “three” in article 6 of the Second Schedule to the Act of 1890;

• (j) article 24 of the Second Schedule to the Act of 1890, as amended by section 31 of the Act of 1948 (repealed by this Act) shall have effect as if “at which, on the date of such entry the local authority could borrow from the local loans fund” was substituted for “of three pounds per centum per annum”;

• (k) the compensation shall be assessed in accordance with such of the provisions of this Act relating to the assessment of compensation in respect of land acquired compulsorily as are applicable to the particular case;

• (l) the arbitrator shall not take into account—

• (i) any interest in land created after the date on which notice of the order having been made is published in accordance with article 4 of this Schedule, or

• (ii) any building erected or any improvement or alteration made after the said date if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.

• (a) publish in one or more newspapers circulating in their functional area a notice in the prescribed form stating the fact of such an order having been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

• (b) serve on every owner, lessee and occupier F82[…] of any land to which the order relates a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation and specifying the time within which and the manner in which objections can be made thereto.

• (a) annul the order by an annulment order, or

• (b) confirm the order with or without modification by a confirmation order,

as respects all or part of the land to which the compulsory purchase order relates and in case the Minister makes an annulment order or a confirmation order in respect of part of such land, the Minister may make an annulment order or a confirmation order or a further annulment or confirmation order, as the case may be, in respect of any part of such land to which neither a previously made annulment order nor a previously made confirmation order relates.

• (2) The Minister shall not confirm a compulsory purchase order in so far as it relates to any land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served until he has caused to be held a public local inquiry into such objection and until he has considered such objection and the report of the person who held the inquiry, unless—

• (a) such objection is withdrawn, or

• (b) the Minister is satisfied that such objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.

• (3) An order made by the Minister shall not—

• (a) authorise the housing authority to acquire compulsorily any land which the relevant compulsory purchase order would not have authorised them so to acquire if it had been confirmed without modification;

• (b) authorise the housing authority to acquire as being a house unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense any house not so described in the original order.

• (4) If the Minister is of the opinion that a house described in a compulsory purchase order as being unfit for human habitation and not capable of being rendered fit at reasonable expense ought not to have been so described, he shall annul the order in so far as it relates to the house, unless he is of the opinion that the house may properly be acquired by the housing authority, in which case he shall modify the order so as to authorise the authority to acquire the house and to pay compensation in respect thereof assessed in accordance with Part II of the Fourth Schedule to this Act.

• (5) In construing any enactment incorporated in a compulsory purchase order—

• (a) any reference to the special Act shall be construed as a reference to this Act together with the order;

• (b) any reference to the confirming authority shall be construed as a reference to the Minister;

• (c) any reference to a local authority or the promoters of the undertaking shall be construed as a reference to a housing authority;

• (d) any reference to Part I or Part II of the Act of 1890, shall be construed as a reference to this Act;

• (e) any reference to land shall be construed as including a reference to any interest or right over land granted by or held from the authority by whom the compulsory purchase order is made.

FOURTH SCHEDULE Rules Applicable as Respects Assessment of Compensation

Section 84.

PART I

Land Consisting of a House Unfit for Human Habitation and not Capable of being Rendered Fit for Human Habitation at Reasonable Expense

The arbitrator shall assess the compensation to be paid for the land, including the buildings thereon, as the value of the land as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963, less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.

PART II

Other Land