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1 1948

HOUSING (AMENDMENT) ACT, 1948

PART III.

Financial Provisions.

Grants by Minister to persons and public utility societies.

16. —(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any person erecting or reconstructing or to any public utility society erecting, one or more than one house, a grant not exceeding the appropriate sum specified in the Second Schedule to this Act if—

(a) erection or reconstruction commence on or after the 1st day of November, 1947, and is completed on or before the 1st day of April, 1950;

(b) such house or houses complies or comply with the rules set out in the First Schedule to the Act of 1932;

(c) such house or houses is or are occupied when completed by

(i) in case such house or houses is or are erected by a public utility society—a member of that society.

(ii) in any other case—the person who erected or reconstructed such house.

(2) The Minister shall not make a grant under this section and under section 5 of the Act of 1932 as amended by any subsequent enactment (including this Act) in respect of a house.

(3) The Minister shall not make a grant under this section in respect of a house in respect of which he is prohibited from making a grant under subsection (3) of section 5 of the Act of 1932 as amended by section 4 of the Act of 1937.

(4) The Minister may make regulations for the purposes of this section.

Grants by Minister to persons and public utility societies in certain cases.

17. —(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any person or public utility society erecting one or more than one house, a grant not exceeding the appropriate sum specified in the Third Schedule to this Act if—

(a) erection commenced on or after the 1st day of November, 1945, and is completed on or before the 1st day of April, 1950;

(b) such house or houses complies or comply with the rules set out in the First Schedule to the Act of 1932;

(c) such house or houses was or were not occupied on or before the 1st day of November, 1947;

(d) such house or houses is or are occupied when completed by

(i) in case such house or houses is or are erected by a public utility society—a member of that society,

(ii) in any other case—the person who erected such house.

(2) A grant under this section together with a grant under section 5 of the Act of 1932 as amended by any subsequent enactment (including this Act) shall not exceed the appropriate sum specified in the Third Schedule to this Act.

(3) The Minister shall not make a grant under this section in respect of a house in respect of which he is prohibited from making a grant under subsection (3) of section 5 of the Act of 1932 as amended by section 4 of the Act of 1937.

(4) The Minister may make regulations for the purposes of this section.

Increase of grants under section 5 (1) (h) of Act of 1932.

18. —A grant payable, under paragraph (h) of subsection (1) of section 5 of the Act of 1932, to a person reconstructing a house may be increased to sixty pounds where—

(a) the person applied for the grant before the 1st day of November, 1947, and

(b) the reconstruction of the house was commenced but not completed before the 1st day of November, 1947.

Grants by housing authorities to persons.

19. —(1) A housing authority shall, subject to regulations made under this section, make to any person erecting one or more than one house in the functional area of the authority, a grant not exceeding the appropriate sum mentioned in the second column of the Fourth Schedule to this Act and each such grant shall be made (subject to the said regulations) in ten successive annual instalments not exceeding the appropriate sum mentioned in the third column of that Schedule.

(2) Notwithstanding subsection (1) of this section a housing authority shall not make a grant under subsection (1) of this section in respect of the erection of a house unless:—

(a) such house complies with the rules set out in the First Schedule to the Act of 1932;

(b) such erection commenced on or after the 1st day of November, 1945, and is completed on or before the 1st day of April, 1950, and

(c) the person erecting the house undertakes with the housing authority that, subject to such conditions as may be prescribed by regulations made under this section, he will not sell the house and that he will let the house subject to such conditions as may be so prescribed.

(3) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section, recoup to a housing authority an amount not exceeding two-thirds of a grant made under subsection (1) of this section by the authority.

(4) A housing authority shall not make a grant under this section in respect of a house in respect of which a grant was made by the Minister under section 5 of the Act of 1932, as amended by any subsequent enactment (including this Act) and not refunded.

(5) Where a grant was made by the Minister under section 16 of this Act, a housing authority shall not make a grant under this section in respect of the house.

(6) The Minister may make regulations for the purposes of this section.

Grants by Minister and housing authorities to public utility societies.

20. —(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any public utility society erecting one or more than one house for occupation by a person of the working classes or an agricultural labourer, a grant not exceeding the appropriate sum specified in the Fifth Schedule to this Act, if:—

(a) the erection of the house or houses was commenced on or after the 1st day of November, 1947, and is completed on or before the 1st day of April, 1950; and

(b) such house or houses complies or comply with the rules set forth in the First Schedule to the Act of 1932; and

(c) such public utility society undertakes with the Minister that such society will not sell such house or houses and will let such house or houses only at such rent and subject to such conditions as may be approved by the Minister.

(2) A housing authority shall, subject to regulations made under this section, make, to any public utility society erecting one or more than one house in respect of which a grant is made by the Minister under subsection (1) of this section a grant either by way of a grant of land as a site for such house or houses or by way of a grant of money in respect of such house or houses or partly in one such way and partly in the other such way, but in any case not exceeding in (as the case may be) the value of such land or the amount of such money or the total of such value and such amount the appropriate sum specified in the Fifth Schedule to this Act.

(3) For the purpose of making a grant under subsection (2) of this section a housing authority shall have the like powers of borrowing money as if the houses in respect of which the grants are made were erected by them under the Housing of the Working Classes Acts or the Labourers Acts.

(4) The Minister may make regulations for the purposes of this section.

Grants by Minister and housing authorities to public utility societies in certain cases.

21. —(1) The Minister may, with the consent of the Minister for Finance, and subject to regulations made under this section make, out of moneys to be provided by the Oireachtas, to any public utility society erecting one or more than one house for occupation by a person of the working classes or an agricultural labourer, a grant not exceeding the appropriate sum specified in the Sixth Schedule to this Act, if—

(a) erection commenced on or after the 1st day of November, 1945, and is completed on or before the 1st day of April, 1950; and,

(b) such house or houses complies or comply with the rules set forth in the First Schedule to the Act of 1932; and

(c) such house or houses was or were not occupied before the 1st day of November, 1947; and

(d) such public utility society undertakes with the Minister that such society will not sell such house or houses and will let such house or houses only at such rent and subject to such conditions as may be approved by the Minister.

(2) A housing authority shall, subject to regulations made under this section, make, to any public utility society erecting one or more than one house in respect of which a grant is made by the Minister under subsection (1) of this section a grant in money not exceeding the appropriate sum specified in the Sixth Schedule to this Act.

(3) For the purpose of making a grant under subsection (2) of this section a housing authority shall have the like powers of borrowing money as if the houses in respect of which the grants are made were erected by them under the Housing of the Working Classes Acts or the Labourers Acts.

(4) The Minister may make regulations for the purposes of this section.

Amendment of subsection (1) of section 5 of the Act of 1932.

22. —(1) The reference to the 1st day of April, 1947, contained (by virtue of subsection (1) of section 2 of the Housing (Amendment) Act, 1946 , (No. 2 of 1946)) in each of the paragraphs (c), (d), (e), (f), (g), (h), (i) and (j) of subsection (1) of section 5 of the Act of 1932 shall be construed as a reference to the 1st day of April, 1950.

(2) This section shall have and be deemed to have had effect as on and from the 1st day of April, 1947.

(3) The Minister or a housing authority shall not make a grant under paragraphs (c), (d), (e), (f), (g), (h) or (i) of subsection (1) of section 5 of the Act of 1932 in respect of a house commenced on or after the 1st day of November, 1947.

Amendment of section 6 of the Act of 1932.

23. —(1) Subsection (1) of section 6 of the Act of 1932 is hereby amended—

(a) by the substitution in paragraph (a) and in paragraph (b) of the word “fifty” for the word “thirty-five”, and

(b) by the insertion in subparagraph (i) of paragraph (a) after the word “displaced” of the words “by the collapse or destruction of their former dwellings or”, and after the word “Acts” of the words “or sections 75 to 78 of the Towns Improvement Clauses Act, 1847, as incorporated with any enactment, section 20 of the Dublin Improvement Acts Amendment Act, 1864, or Part II of the Dublin Corporation Act, 1890”.

(2) Where, before the commencement of this section, the Minister has—

(a) made a contribution towards the annual loan charges incurred by a housing authority in respect of money borrowed by them for the provision under the Housing of the Working Classes Acts or the Labourers Acts of houses to which section 6 of the Act of 1932 applies, and

(b) determined the period (in this subsection called “the first period”) during which such contribution shall be payable,

the Minister may, if he thinks fit, extend the first period by a further period but so that in no case shall the sum of the two periods when added together exceed fifty years.

Amendment of section 14 of the Act of 1932.

24. —Section 14 of the Act of 1932 is hereby amended by the insertion of the following subsection at the end of the said section:—

“(3) 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.”

Amendment of section 5 of the Act of 1937.

25. —(1) Subsection (2) of section 5 of the Act of 1937 is hereby amended:—

(a) by the substitution in paragraph (a) of “£80” for “£40”, and

(b) by the substitution in paragraph (b) of the words “one third” for the words “one quarter”.

(2) This section shall have and be deemed to have had effect as on and from the 1st day of November, 1947.

Limit of grants under this Act, the Act of 1932 and the Act of 1937.

26. —(1) The aggregate amount of grants to be made by the Minister under section 5 of the Act of 1932 as amended by any subsequent enactment (including this Act) and section 5 of the Act of 1937, shall not exceed the sum of three million five hundred and fifty thousand pounds.

(2) The aggregate amount of grants to be made by the Minister under section 5 of the Act of 1937 as amended by section 25 of this Act and under sections 16 , 17 , 18 , 19 , 20 and 21 of this Act shall not exceed the sum of five hundred and eighty thousand pounds.

Grant in respect of house reserved for occupation by persons of a particular class.

27. —(1) The Minister may, with the consent of the Minister for Finance, make out of moneys to be provided by the Oireachtas grants to a housing authority providing houses for occupation by persons of a class specified in regulations made under paragraph (b) of subsection (1) of section 29 of this Act, but no such grant shall exceed two hundred and fifty pounds in respect of each separate dwelling (whether a house or part of a house) so provided.

(2) The aggregate amount of grants to be made by the Minister under this section shall not exceed the sum of three hundred and forty-five thousand pounds.

Payment of certain grants where house ceases to be situate in a rural area.

28. —Where—

(a) the Minister has agreed to make a grant for the erection of a house in a rural area pursuant to paragraph (c), (d), (e), (f) or (g) of subsection (1) of section 5 of the Act of 1932, and

(b) before such grant is paid, such house ceases to be in a rural area as a result of the constitution of a new urban district or an alteration of the boundary of a county or other borough, an urban district or a town,

the Minister may pay such grant notwithstanding that such house has ceased to be situate in a rural area.