No. 1/1944:

HOUSING (AMENDMENT) ACT, 1944

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of sub-section (1) of section 5 of the Principal Act.

3 Meaning of reconstruction.

4 Assistance to public utility society.

5 Recoupment in respect of assistance given to public utility society.

6 Exclusion from remission of rates.

7 Regulations.

8 Expenses.

9 Short title and collective citation.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1942.

[23rd February, 1944.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

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

the expressions "the Minister" and "public utility society" and the word "house" have the same meanings respectively as they have in Part II of the Principal Act.

2.—(1) Sub-section (1) of section 5 of the Principal Act is hereby amended in the following respects:

( a ) the reference to the 1st day of April, 1935, contained in each of the paragraphs (c), (d), (e), (f), (g) and (h) of the said sub-section (1) shall be construed as a reference to the 1st day of April, 1945

( b ) the reference to the 1st day of April, 1942, contained in sub-paragraph (i) of paragraph (i) of the said sub-section (1) (being the sub-paragraph inserted by paragraph (b) of section 2 of the Housing (Amendment) Act, 1939 (No. 3 of 1939)), shall be construed as a reference to the 1st day of April, 1945;

( c ) each of the references to the 1st day of April, 1940, contained in paragraph ( j ) of the said sub-section (1) (being the paragraph inserted by paragraph (c) of section 2 of the Housing (Amendment) Act, 1939 (No. 3 of 1939)) shall be construed as a reference to the 1st day of April, 1945.

(2) Sub-section (1) of section 2 of the Housing (Amendment) Act, 1942 (No. 15 of 1942), is hereby repealed.

(3) This section shall have and be deemed to have had effect as on and from the 1st day of April, 1943.

3.—(1) In the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1942, the word "reconstruction", when used in relation to a house, means the carrying out of any structural alteration to the house, including the extension or enlargement thereof, or the carrying out of any other works in relation to the house which, in the opinion of the Minister, are reasonably necessary for the purpose of rendering it more suitable for human habitation, and cognate words, when so used, shall be construed accordingly.

(2) This section shall have and be deemed to have had effect as from the passing of the Principal Act.

4.—Where a public utility society have provided after the 1st day of July, 1940, and before the passing of this Act or provide after the passing of this Act houses for the working classes and such houses are used for the re-housing of persons displaced by operations under the Housing of the Working Classes Acts, 1890 to 1931, of a local authority, the local authority may, with the consent of the Minister and in accordance with the regulations made for the purposes of this Act, give assistance to the public utility society in one or more of the following ways:—

( a ) by loan,

( b ) by contribution to annual loan charges,

( c ) by capital grant,

( d ) by the grant or lease of land,

( e ) by the execution of building development works.

5.—Where under section 4 of this Act a local authority give assistance in one or more of the ways mentioned in paragraphs (b), (c), (d) and (e) of that section, the Minister may, in accordance with the rules contained in the Schedule to this Act and the regulations made for the purposes of this Act, recoup the local authority in respect of the assistance so given.

6.—A house by reference to which assistance is given under section 4 of this Act shall be deemed not to be a residence within the meaning of the Local Government (Remission of Rates) Act, 1940 (No. 8 of 1940), as amended by the Local Government (Remission of Rates) Act, 1943 (No. 6 of 1943).

7.—The Minister may make regulations for the purposes of this Act.

8.—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.

9.—(1) This Act may be cited as the Housing (Amendment) Act, 1944 .

(2) The Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1942, and this Act may be cited together as the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1944.

SCHEDULE

RULES GOVERNING RECOUPMENTS

1. In these Rules, the expression "the appropriate contributions" means, in relation to assistance given by a local authority to a public utility society in one or more of the ways mentioned in paragraphs (b), (c), (d) and (e) of section 4 of this Act, the contributions which could be made by the Minister in accordance with section 6 of the Principal Act if the local authority had themselves provided the relevant houses on money borrowed by them to an amount equal to the cost, determined in accordance with the regulations made for the purposes of this Act, of the provision by the public utility society of such houses.

2. Where the relevant assistance is given solely in the way mentioned in paragraph (b) of section 4 of this Act, the Minister may make such recoupments as he thinks proper in respect of such assistance, subject to the limitation that the capital value of the recoupments shall not exceed the capital value of the appropriate contributions.

3. Where the relevant assistance is given solely in one or more of the ways mentioned in paragraphs (c), (d) and (e) of section 4 of this Act, the Minister may make such recoupment as he thinks proper in respect of the value, determined in accordance with the regulations made for the purposes of this Act, of such assistance, subject to the limitation that the recoupment shall not exceed the capital value of the appropriate contributions.

4. Where the relevant assistance is given partly in the way mentioned in paragraph (b) of section 4 of this Act and partly in one or more of the ways mentioned in paragraphs (c), (d) and (e) of that section, the Minister may either—

( a ) make such recoupments as he thinks proper in respect of the assistance given in the way mentioned in the said paragraph (b), subject to the limitation that the capital value of the recoupments shall not exceed the capital value of the appropriate contributions, or

( b ) (i) make such recoupment as he thinks proper in respect of the value, determined in accordance with the regulations made for the purposes of this Act; of the assistance given in one or more of the ways mentioned in the said paragraphs (c), (d) and (e), subject to the limitation that the recoupment shall not exceed the capital value of the appropriate, contributions, and

(ii) if that recoupment is less by any amount than the capital value of the appropriate contributions, make such further recoupments as he thinks proper in respect of the assistance given in the way mentioned in the said paragraph (b), subject to the limitation that the capital value of the further recoupments shall not exceed the said amount.