First Previous (HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931) Next (PART II. HOUSING OF THE WORKING CLASSES.)

50 1931

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1931

PART I.

Preliminary and General.

Short title, construction and citation.

1. —(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1931.

(2) This Act in so far as it amends the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, the Labourers (Ireland) Acts, 1883 to 1930, the Small Dwellings Acquisition (Ireland) Acts, 1899 and 1919, and the Housing Acts, 1925 to 1930, shall be read and construed as one therewith respectively and may be cited together therewith as the Housing of the Working Classes Acts, 1890 to 1931, the Labourers Acts, 1883 to 1931, the Small Dwellings Acquisition Acts, 1899 to 1931, and the Housing Acts, 1925 to 1931, as the case may be.

Definitions.

2. —(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the word “prescribed” means prescribed by the Minister;

the expression “unhealthy area” means an area the dwelling houses in which are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement or the narrowness or bad arrangement of the streets, dangerous or injurious to the health of the inhabitants of the area and in which the other buildings, if any, are for a like reason dangerous or injurious to the health of such inhabitants;

the expression “clearance area” means an unhealthy area declared by a local authority to be a clearance area for the purposes of this Act;

the expression “improvement area” means an unhealthy area declared by a local authority to be an improvement area for the purposes of this Act;

the expression “clearance order” means an order made by a local authority under this Act ordering the demolition of buildings in a clearance area;

the expression “compulsory purchase order” means an order made under this Act authorising a local authority to acquire land compulsorily;

the expression “the Act of 1890” means the Housing of the Working Classes Act, 1890;

the expression “the Housing of the Working Classes Acts” means the Housing of the Working Classes (Ireland) Acts, 1890 to 1921, and this Act in so far as it amends those Acts;

the expression “sanitary defects” includes lack of air space or of ventilation, darkness, dampness, absence of adequate and readily accessible water supply or sanitary accommodation or of other conveniences and inadequate paving or drainage of courts, yards or passages;

the expression “building byelaws” has the same meaning as in section 33 of the Housing (Ireland) Act, 1919;

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

the word “dwelling house” includes any yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith;

the word “street” includes any court, alley, passage, square or row of houses, whether a thoroughfare or not;

the expression “person having control of the house” has the same meaning as the word “owner” in the Public Health (Ireland) Act, 1878.

Construction of Act of 1890.

3. —The Act of 1890 shall have effect as if the provisions of this Act with respect to unhealthy areas and unhealthy dwelling houses were inserted in Parts I and II respectively of the Act of 1890 in substitution for the provisions therein contained with respect to unhealthy areas and unhealthy dwelling houses and references in this Act or any Act (including the Act of 1890) passed before this Act, to the Act of 1890, or to any Part of the Act of 1890, or to any enactment therein contained or amending the same shall be respectively construed as references to the Act of 1890 as amended by this Act, or that Part or enactment as amended by this Act.

Repeal of enactments.

4. —(1) The enactments mentioned in the Fifth Schedule to this Act are hereby repealed to the extent specified in the second column of that Schedule.

(2) Notwithstanding anything contained in the foregoing sub-section where before the commencement of this Act in pursuance of the Act of 1890 any notice requiring the execution of works has been served, or any demand for, or order relating to, the expenses of executing works, or any closing order or demolition order has been made, or any scheme or order has been confirmed or approved by the Minister or any order has been submitted to him for confirmation or approval, the like proceedings (including proceedings for the forification of a confirmed scheme) 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 passed.

(3) The mention of particular matters in the preceding sub-section shall not be held to prejudice or affect the general application of section 13 of the Interpretation Act, 1923 (No. 46 of 1923) with regard to the effect of repeals.