PART V.

Labourers' Cottages.

33. —The expression “agricultural labourer” in the Labourers Acts shall include any man who:—

(a) is normally engaged in doing agricultural work on the land of a relative, and

(b) resided with that relative when he applied for, or became tenant of, a cottage provided by a council of a county under the Labourers Acts.

34. —(1) Where a cottage provided by the council of a county under the Labourers Acts is let to a tenant who is an agricultural labourer within the meaning of the said Acts because:—

(a) he is normally engaged in doing agricultural work on the land of a relative, and

(b) he resided with that relative when he applied for, or became tenant of, such cottage,

such council shall not prepare a purchase scheme under the Labourers Act, 1936 (No. 24 of 1936) in relation to such cottage so long as such tenant is an agricultural labourer only because he is normally engaged in doing agricultural work on the land of a relative.

(2) Where:—

(a) any such tenant ceases to be normally engaged in doing agricultural work on the land of a relative but nevertheless continues to be an agricultural labourer, or

(b) where such cottage ceases to be occupied by any such tenant,

the council of a county may, and shall if the Minister so directs, prepare and submit to the Minister a purchase scheme under the Labourers Act, 1936 (No. 24 of 1936) in relation to such cottage.

35. —(1) The Minister may make regulations for the purpose of securing the proper and efficient management of cottages provided under the Labourers Acts providing for all or any of the following matters:—

(a) the maximum and minimum number of persons who shall be permitted to occupy a cottage on any letting;

(b) the method of selection of tenants and the classes of persons to whom preference shall be given;

(c) the terms and conditions to be included in any agreement under which any person is permitted to occupy or use a cottage;

(d) such other matters as the Minister may consider necessary or expedient.

(2) Regulations under this section shall provide that in the letting of cottages regard shall be had to the character, industry, occupation, family circumstances and existing housing conditions of the applicants and subject thereto first preference wherever practicable shall be given to applicants who are:—

(a) persons normally engaged in doing agricultural work for hire on the land of some other person and whose principal means of living is such work, or

(b) men normally engaged in doing agricultural work on the land of relatives with whom they reside, or

(c) herdsmen,

and second preference shall wherever practicable be given to applicants with families living in one-roomed dwellings where:—

(i) one or more than one member of the family is suffering from tuberculosis, or

(ii) one or more than one member of the family (exclusive of the parents) has attained the age of sixteen years, or

(iii) the dwelling has been condemned as being unfit for human habitation.

(3) Where regulations have been made under this section it shall not be lawful for the council of a county to whom the regulations apply to make a letting of a cottage to which the regulations apply save in accordance with such regulations.

36. —(1) Where a council of a county are by a compulsory purchase order made and confirmed under section 20 of the Act of 1932 authorised to purchase land compulsorily for the purposes of the Labourers Acts, the council may at any time after such order has become operative on giving not less than fourteen days notice in writing to the owner and occupier of the land enter on and take possession of the land or of such part thereof as may be specified in the notice without previous consent or compliance with the provisions of the Lands Clauses Acts as amended by the Labourers Acts relating to entry on lands and upon the service of any such notice the council shall be deemed to have signified their intention of purchasing the land and shall be liable to the payment of the like compensation, as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the time of such entry.

(2) Where a council of a county have agreed to purchase land for the purposes of the Labourers Acts subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after such agreement has been made the council may, after giving to the person so in possession twenty-one days' notice in writing, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent but subject to the payment to the person so in possession of the like compensation, with interest thereon as aforesaid, as if the council had been authorised to purchase the land compulsorily and such person had in pursuance of such power been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions, relating to entry on lands, of the Lands Clauses Acts as amended by the Labourers Acts.

37. —(1) A council of a county may borrow for the purposes of defraying any expenses incurred by them in the execution of any of their powers and duties under the Labourers Acts in the same manner in which a sanitary authority may borrow for the purposes of defraying expenses under the Public Health Acts, 1878 to 1931.

(2) The provisions of the Public Health Acts, 1878 to 1931, in relation to borrowing by a sanitary authority (except subsections (2) and (3) of section 238 of the Public Health (Ireland) Act, 1878) shall, with the necessary modifications, apply in relation to any borrowing by a council of a county under this section.

(3) Money borrowed under this section may be lent to a council of a county by means of an issue from the Local Loans Fund as if such loan constituted a local loan within the meaning of the Local Loans Fund Acts, 1935 to 1945, and was authorised by an Act of the Oireachtas.

(4) Money borrowed under this section shall not be reckoned as part of the total debt of a council of a county for the purpose of the limitation on borrowing imposed by Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898.