S.I. No. 454/2000 - Housing Act, 1966 (Acquisition of Land) Regulations, 2000

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 5 , 76 , 78 and 82 of and the Third Schedule to the Housing Act, 1966 (No. 21 of 1966) and section 10 of the Local Government (No. 2) Act, 1960 (No. 40 of 1960), as substituted by section 86 of the Housing Act, 1966 and as further amended by section 6 and the Second Schedule to the Roads Act, 1993 (No. 14 of 1993) and by section 222 of the Planning and Development Act, 2000 (No. 30 of 2000), hereby makes the following Regulations:—

1.

2.

3.

“the Act of 1960” means the Local Government (No. 2) Act, 1960 (No. 40 of 1960),

“the Act of 1966” means the Housing Act, 1966 (No. 21 of 1966),

“the Act of 1993” means the Roads Act, 1993 (No. 14 of 1993),

“the Act of 2000” means the Planning and Development Act, 2000 (No. 30 of 2000),

“the Regulations of 1966” means the Housing Act, 1966 (Acquisition of Land) Regulations, 1966 ( S.I. No. 278 of 1966 ),

“the Regulations of 1993” means the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1993 ( S.I. No. 214 of 1993 ),

“the Regulations of 1998” means the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1998 ( S.I. No. 434 of 1998 ).

4.

• (2) Form No. 5 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a housing authority in exercise of the powers conferred upon them by section 81 of the Act of 1966.

5.

• (2) Form No. 10 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a local authority in exercise of the powers conferred upon them by section 81 of the Act of 1966, as applied by section 10 of the Act of 1960, as substituted by section 86 of the Act of 1966.

6.

7.

8.

9.

SCHEDULE

Form No. 1

FORM OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

HOUSING ACT, 1966

SECTION 10 OF THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AS AMENDED BY [SECTION 11](https://www.irishstatutebook.ie/1960/en/act/pub/0040/sec0011.html#sec11) OF THE [LOCAL GOVERNMENT (NO. 2) ACT, 1960](https://www.irishstatutebook.ie/1960/en/act/pub/0040/index.html) ) AND [SECTION 213](https://www.irishstatutebook.ie/2000/en/act/pub/0030/print.html#sec213) OF THE [PLANNING AND DEVELOPMENT ACT, 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0030/print.html)

WHEREAS the _______ ¹ (hereinafter referred to as ”the housing authority”) propose for the purposes of the Housing Act, 1966 , to acquire compulsorily the land hereinafter described:

AND WHEREAS the said land includes (a) house(s) ² and the said house(s) is/are, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense and such house(s) is/are coloured pink on the map referred to in this order:³

NOW THEREFORE it is hereby ordered that—

• (2) The land described in Part II of the Schedule hereto and coloured grey on the deposited map is land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense³

• (a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Housing of the Working Classes Act, 1890), and

• (b) 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 (as applied by section 265 (3) of the Planning and Development Act, 2000 ),

as modified by the Third Schedule to the Housing Act, 1966 , are hereby incorporated in this order and the provisions of those Acts shall apply accordingly.

SCHEDULE

PART I

Land consisting of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

PART II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

The official seal of the housing authority was affixed hereto this _ day of __ 20 ______, in the presence of

_______⁶

_______⁶

---

Manager.⁶

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 2

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

COMPULSORY ACQUISITION OF LAND

_____ (title of order)

The _____ (hereinafter referred to as “the housing authority”) in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto (as amended by the Planning and Development Act, 2000 ), have made an order entitled as above which is about to be submitted to An Bord Pleanála for confirmation. If confirmed, the order will authorise the housing authority to acquire compulsorily the land described in the Schedule for the purposes of the Housing Act, 1966 .

A copy of the order and of the map referred to in it may be seen at all reasonable hours at _____.

Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.

The Housing Act, 1966 , as amended, provides that the Board cannot confirm the order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn, until it has held an oral hearing into the objection and until it has considered the objection and the report of the person who held the oral hearing.

An environmental impact statement, for which separate public notice has been given, has been prepared in respect of the development which it is proposed to carry out on the land. Evidence in relation to the likely effects on the environment of the proposed development may also be heard at the oral hearing, if any, ⁷

SCHEDULE ⁸

Dated this day of 20 .

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 3

FORM OF NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 , TO BE SERVED ON OWNERS, LESSEES AND OCCUPIERS IN ACCORDANCE WITH ARTICLE 4 (b) OF THE THIRD SCHEDULE TO THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

COMPULSORY ACQUISITION OF LAND

__________ (title of order)

To _______

of _______

• (a) the objection is withdrawn, or

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

The Board cannot confirm the order in respect of the land until it has held an oral hearing into the objection and until it has considered the objection and the report of the person who held the oral hearing.

However, if the Board is of the opinion that a house described in the order as being unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense ought not to have been so described, it is required to annual the order in so far as it relates to the house or to modify it so as to authorise the housing authority to acquire the house and to pay compensation for it in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of 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 (as applied by section 265(3) of the Planning and Development Act, 2000 ), subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

SCHEDULE

Dated this ______ day of _______ 20 .

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 4

FORM OF NOTICE OF THE CONFIRMATION BY AN BORD PLEANÁLA/THE HOUSING AUTHORITY OF A COMPULSORY PURCHASE ORDER MADE FOR THE PURPOSES OF THE HOUSING ACT, 1966 , AS RESPECTS ALL/PART OF THE LAND TO WHICH THE COMPULSORY PURCHASE ORDER RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

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COMPULSORY ACQUISITION OF LAND

_______________ (title of order)

An Bord Pleanála (name of housing authority) has, on the ___ day of ____ , 20 __ , made a confirmation order confirming (with modifications) the above-named compulsory purchase order as respects the land described in the Schedule hereto. The said order, as so confirmed, authorises the ____ (name of housing authority) to acquire the said land compulsorily for the purposes of the Housing Act, 1966 . A copy of the order as so confirmed and of the map referred to in it may be seen at all reasonable hours at _________.

The order, as so confirmed will become operative at the expiration of three weeks after the date of publication of this notice but if an application for judicial review of the decision of the Board under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) is duly made to the High Court within eight weeks of the date of publication of this notice in accordance with section 50 of the Planning and Development Act, 2000 , the court—

• (a) may by interim order suspend the operation of the compulsory 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 the Housing Act, 1966 (as amended), or that the interests of the applicant have been substantially prejudiced by any requirement of the 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.

SCHEDULE

Dated this ______ day of _____ 20__ .

County Secretary or Town Clerk.

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DIRECTIONS FOR COMPLETING THIS FORM

In the first paragraph, if the Board has confirmed the order, this should be stated. Otherwise, the name of the housing authority should be inserted.

In the Schedule, the land to which the confirmation order relates should be described as in the Schedule to the compulsory purchase order or by reference to boundaries (as in Form No. 2).

Form No. 5

FORM OF VESTING ORDER

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SECTION 81 OF HOUSING ACT, 1966

_______ (name of housing authority)

VESTING ORDER	SERIAL NO. _______ 10

WHEREAS the land described in the Schedule hereto and shown on the map attached hereto which said map has been marked ____ ¹¹ and sealed with the seal of the ____ ¹² (hereinafter referred to as “the housing authority”) is land to which the ____ ¹³ relates, and the said order has become operative in so far as it relates to the said land:

AND WHEREAS the housing authority have, at least six months prior to the date of this order, entered on and taken possession of the said land in accordance with the powers conferred upon them by section 80 of the Housing Act, 1966 :

AND WHEREAS—

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

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

NOW THEREFORE the housing authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1966 , hereby order that the said land shall, on the ___ day of ____ , 20 ,¹⁴ VEST 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).

SCHEDULE ¹⁵

The official seal of the housing authority was affixed hereto this ___ day of ____ , 20 ______ , in the presence of :—

______ ⁷

______ ⁷

______ ⁷

Manager

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 6

FORM OF COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 AND AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

LOCAL GOVERNMENT (No. 2) ACT, 1960

SECTION 10 OF THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AS AMENDED BY [SECTION 11](https://www.irishstatutebook.ie/1960/en/act/pub/0040/sec0011.html#sec11) OF THE [LOCAL GOVERNMENT (NO. 2) ACT, 1960](https://www.irishstatutebook.ie/1960/en/act/pub/0040/index.html) AND [SECTION 213](https://www.irishstatutebook.ie/2000/en/act/pub/0030/print.html#sec213) OF THE [PLANNING AND DEVELOPMENT ACT, 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0030/print.html)

WHEREAS in pursuance of section 10 of the Local Government (No. 2) Act, 1960 , as substituted by section 86 of the Housing Act, 1966 as amended by section 6 and the Second Schedule to the Roads Act, 1993 and by the Planning and Development Act, 2000 , the ___ ¹⁷ (hereinafter referred to as “the local authority”) have decided to effect the acquisition of the land to which this order relates under the Housing Act, 1966 :

AND WHEREAS the said land includes (a) house(s)¹⁸ and the said house(s) is/are, in the opinion of the local authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense and such house(s) is/are coloured pink on the map referred to in this order :¹⁹

NOW THEREFORE it is hereby ordered that—

• (a) to acquire compulsorily for the purposes of ___²⁰ the land described in Part I and Part II of the Schedule hereto which land is shown on a map marked ___ ²¹ and sealed with the seal of the local authority and deposited at the offices of the local authority (hereinafter referred to as “the deposited map”), and

• (b) to extinguish the public right of way described in Part III of the Schedule hereto by order made after the acquisition of the land, where the said public right of way is over the land so acquired or any part thereof, or over land adjacent to or associated with the land so acquired or any part thereof. ²²

• (2) The land described in Part II of the Schedule hereto and coloured grey on the said map is land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. ²⁴

• (a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Housing of the Working Classes Act, 1890), and

• (b) 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 (as applied by section 265 (3) of the Planning and Development Act, 2000 ),

as modified by the Third Schedule to the Housing Act, 1966 are hereby incorporated in this order and the provisions of those Acts shall apply accordingly.

SCHEDULE

PART I

Lands consisting of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

PART II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

PART III Description of public right of way proposed to be extinguished.²⁶

The official seal of the local authority was affixed hereto this ___ day of ___, 20 ____, in the presence of :—

__________ ⁸

__________ ⁸

__________ ⁸

Manager

DIRECTIONS FOR COMPLETING THIS FORM

Form no. 7.

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000 .

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COMPULSORY ACQUISITION OF LAND

________ (title of order)

The _____ (hereinafter referred to as “the local authority”) in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto, as extended by section 10 of the Local Government (No. 2) Act, 1960 as substituted by section 86 of the Housing Act, 1966 as amended by section 6 and the Second Schedule to the Roads Act, 1993 and as amended by the Planning and Development Act, 2000 , have made an order entitled as above which is about to be submitted to An Bord Pleanála for confirmation. If confirmed, the order will authorise the local authority to acquire compulsorily the land described in the First Schedule hereto for the purposes of _________ ²⁸ .

Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.

The order will also authorise the local authority to extinguish the public right of way described in the Second Schedule hereto, by order made by them after they have acquired the land, where the said public right of way is over the land so acquired or any part thereof, or over land adjacent to or associated with the land so acquired or any part thereof.²⁹ Any objections to the extinguishing of the said public right of way should be made in writing to An Bord Pleanála, Floor 3, Blocks 6 & 7, Irish Life Centre, Lower Abbey Street, Dublin 1, within 6 weeks of the publication of this notice³⁰ .

The Board cannot confirm—

• (a) a compulsory purchase order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn,

• (b) an order which authorises the extinguishment of a public right of way if there is an objection to the extinguishment, which is not withdrawn,³¹

until it has caused to be held an oral hearing into the matter and until it has considered the objection and the report of the person who held the oral hearing.

An environmental impact statement, for which separate public notice has been given, has been prepared in respect of the development which it is proposed to carry out on the land. Evidence in relation to the likely effects on the environment of the proposed development may also be heard at the oral hearing, if any. ³² .

First Schedule³³

Second Schedule³⁴

Dated this ___________ day of ___________ 20 ____.

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 8

FORM OF NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (No. 2) ACT, 1960 , TO BE SERVED ON OWNERS, LESSEES AND OCCUPIERS IN ACCORDANCE WITH ARTICLE 4 (b) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

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COMPULSORY ACQUISITION OF LAND

__________ (title of order)

To __________

of __________

• (a) the objection is withdrawn, or

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

The Board cannot, however, confirm the order in respect of the land until it has caused to be held an oral hearing into the objection and until it has considered the objection and the report of the person who held the oral hearing.

However, if the Board is of the opinion that a house described in the order as being unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense ought not to have been so described, it is required to annul the order in so far as it relates to the house or to modify it so as to authorise the local authority to acquire the house and to pay compensation for it in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of 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 (as applied by section 265(3) of the Planning and Development Act, 2000), subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

SCHEDULE

Dated this ______ day of _______ 20____.

---

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 9

FORM OF NOTICE OF THE CONFIRMATION BY AN BORD PLEANÁLA/THE LOCAL AUTHORITY OF A COMPULSORY PURCHASE ORDER MADE UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , AS RESPECTS ALL OR PART OF THE LAND TO WHICH THE COMPULSORY PURCHASE ORDER RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

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COMPULSORY ACQUISITION OF LAND

__________ (title of order).

An Bord Pleanála/____ (name of local authority) has, on the ___ day of __ , 20 , made a confirmation order confirming (with modifications) the above-named compulsory purchase order as respects the land described in the First Schedule hereto. The said order, as so confirmed, authorises the ____ (name of local authority) to acquire the said land compulsorily. A copy of the order as so confirmed and of the map referred to in it may be seen at all reasonable hours at ___ .

The order also authorises the local authority to extinguish the public right of way described in the Second Schedule hereto, by order made by them after they have acquired the said land.

The order, as so confirmed will become operative at the expiration of three weeks after the date of publication of this notice but if an application for judicial review of the decision of the Board under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) is duly made to the High Court within eight weeks of the date of publication of this notice in accordance with section 50 of the Planning and Development Act, 2000 , 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 the Housing Act, 1966 , as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) (as amended) or that the interests of the applicant have been substantially prejudiced by any requirement of the Housing Act, 1966 , as so extended and amended, 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.

FIRST SCHEDULE

SECOND SCHEDULE

Dated this ______ day of _____ 20__.

---

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

In the first paragraph, if the Board has confirmed the order, this should be stated. Otherwise the name of the housing authority should be inserted.

In the First Schedule, the land to which the confirmation order relates should be described as set out in the Schedule to the compulsory purchase order or by reference to boundaries (as in Form No. 8).

In the Second Schedule, such description as may be sufficient to identify the public right of way should be inserted.

Form No. 10

FORM OF VESTING ORDER

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SECTION 10 OF LOCAL GOVERNMENT (NO. 2) ACT, 1960 SECTION 81 OF HOUSING ACT, 1966

____________ (name of local authority)

VESTING ORDER	SERIAL NO. _______ 35

WHEREAS the land described in the Schedule hereto and shown on the map attached hereto which said map has been marked ____ ³⁶ and sealed with the seal of the ___ ³⁷ (hereinafter referred to as “the housing authority”) is land to which the ____ ³⁸ relates, and the said order has become operative in so far as it relates to the said land:

AND WHEREAS the local authority have, at least six months prior to the date of this order, entered on and taken possession of the said land in accordance with the powers conferred upon them by section 80 of the Housing Act, 1966 , as applied by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ):

AND WHEREAS—

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

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

NOW THEREFORE the local authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1966 , as applied by section 10 of the Local Government (No. 2) Act, 1960 , as substituted as aforesaid, hereby order that the said land shall, on the day of 20 , ³⁹ VEST in the local authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way).

SCHEDULE ⁴⁰

The official seal of the local authority was affixed hereto this __ day of __, 20, in the presence of:-

____________ ⁷

____________ ⁷

____________ ⁷

Manager

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 11

FROM OF RECEIPT TO BE GIVEN FOR PURCHASE MONEY OR COMPENSATION PAID PURSUANT TO PARAGRAPH (a) OR (b) OF ARTICLE 2 OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966

___ Order, 20 _____. ⁴¹

RECEIPT FOR PURCHASE MONEY OR COMPENSATION

I, __ of __ , being the __ ⁴² of the lands hereinafter mentioned, do hereby acknowledge that I have received from the _ ⁴³ the sum of _, as the purchase money of or compensation for all my estate, right, title and interest in and to ALL THAT AND THOSE that parcel of land in _ ⁴⁴ containing ____ hectare, or thereabouts, authorised to be acquired by the said ___ ⁴⁵ under the provisions of the Housing Act, 1966 , and distinguished in the Schedule to the above order and on the map referred to therein as No. ____

Dated this ______ day of _______ 20,

SIGNED BY THE SAID

---

---

• (Signature)

in the presence of

Name of witness ___________

Address ___________

Occupation ___________

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 12

FORM OF NOTICE OF THE APPROVAL BY AN BORD PLEANÁLA, UNDER SECTION 49 OF THE ROADS ACT, 1993 , OF A MOTORWAY SCHEME MADE UNDER SECTION 47 OF THE ROADS ACT, 1993 (AS AMENDED BY SECTION 4 OF THE ROADS (AMENDMENT) ACT, 1998 ) AS RESPECTS ALL OR PART OF THE LAND ETC. TO WHICH THE MOTORWAY SCHEME RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000 .

Compulsory Acquisition of Land etc.

_______ (name of Motorway Scheme)

An Bord Pleanála (“the Board”) has by order dated the ____ (date of order approving the Motorway Scheme) under section 49 (3) of the Roads Act, 1993 , approved (specify” with modifications “if that is the case) ____'s (name of local authority) ____ (name of motorway scheme) and under section 52 (1) of the Roads Act, 1993 ____ (name of local authority) are authorised to compulsorily acquire any land or any substratum of land or any rights in relation to land specified in the scheme as approved. A copy of the scheme as approved may be seen at __ between and __.

The Scheme as approved shall come into operation 3 weeks from the date of publication of this notice.

Under section 50 of the Planning and Development Act, 2000 , any person wishing to question the validity of the order must do so by means of an application for leave to apply for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) which must-

• (a) be made within the period of 8 weeks from the date on which the decision under section 49 (3) of the Roads Act, 1993 was first published, unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and

• (b) be made by motion on notice (grounded in the manner specified in Order 84 of the Rules of the Superior Courts in respect of an ex parte motion for leave) to the Board and the local authority concerned.

Such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the Board's Order of ____ (date of order approving the Motorway Scheme) approving (specify “with modifications” if that is the case)___'s (name of local authority)

_______ (name of Motorway Scheme) is invalid or ought to be quashed and that the applicant has a substantial interest in the matter which is the subject of the application.

Dated this ______ day of _______ 20.

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County Secretary or Town Clerk.

	GIVEN under the Official Seal of the Minister for the Environment and Local Government this 20th day of December, 2000.
	NOEL DEMPSEY,
	Minister for the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation of it.)

These Regulations prescribe the forms to be used by local authorities in connection with the compulsory purchase of land, by means of a compulsory purchase order under section 76 of and the Third Schedule to the Housing Act, 1966 . The Regulations replace the Housing Act (Acquisition of Land) Regulations, 1966, 1993 and 1998 in their entirety.

Footnotes