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1 1948

HOUSING (AMENDMENT) ACT, 1948

PART I.

Preliminary and General.

Short title, construction and collective citation.

1. —(1) This Act may be cited as the Housing (Amendment) Act, 1948.

(2) This Act in so far as it amends the Housing of the Working Classes Acts, 1890 to 1931, the Labourers Acts, 1883 to 1941, the Small Dwellings Acquisition Acts, 1899 to 1931, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1946, 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 1948, the Labourers Acts, 1883 to 1948, the Small Dwellings Acquisition Acts, 1899 to 1948, and the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1948.

Definitions.

2. —In this Act—

the expression “the Act of 1899” means the Small Dwellings Acquisition Act, 1899;

the expression “the Act of 1932” means the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932);

the expression “the Act of 1937” means the Housing and Labourers Act, 1937 (No. 42 of 1937);

the word “dwellinghouse” means a building constructed or adapted to be used wholly or principally for human habitation;

the expression “habitable house” means a house situate in the functional area of a housing authority which, in the opinion of such authority, is reasonably fit for human habitation or is reasonably capable of being rendered so fit;

the expression “housing authority” means in the case of—

(a) a county health district (exclusive of any town having town commissioners under the Towns Improvement (Ireland) Act, 1854,) the council of the county in which such county health district is situate;

(b) a county or other borough, the corporation of such county or other borough;

(c) an urban district, the council of such urban district, and

(d) a town having town commissioners under the Towns Improvement (Ireland) Act, 1854, except as respects sections 14 , 19 , 20 , 21 and 41 of this Act, the commissioners of such town, and, as respects the said sections, the council of the county in which such town is situate,

and references to the functional area of a housing authority shall be construed accordingly.

the expression “the Housing of the Working Classes Acts” means the Housing of the Working Classes Acts, 1890 to 1931, as amended by this Act;

the expression “the Labourers Acts” means the Labourers Acts, 1883 to 1941, as amended by this Act;

the expression “the Minister” means the Minister for Local Government.

Regulations.

3. —(1) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to anything previously done under such regulation.

(2) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to such provision of the Minister for Finance.

Expenses.

4. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

5. —The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

Offences, prosecutions and punishments.

6. —(1) Where an offence under any section of this Act is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, or other officer of such body corporate, such director, manager, secretary, or other officer shall also be deemed to have committed the said offence and shall be liable to be proceeded against and punished accordingly.

(2) Proceedings in the District Court in relation to an offence under any section of this Act may be brought and prosecuted by a housing authority.

(3) An offence under section 8 , 11 , or 12 of this Act shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

(4) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under any section of this Act may be instituted within twelve months from the date of the offence.