Housing Act, 1966 (Acquisition of Land) Regulations, 2000

• Jurisdiction: Ireland
• Year: 2000
• Citation: IR SI 454/2000

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 5 , 76 , 78 and 82 of and the Third Schedule to the Housing Act, 1966 (No. 21 of 1966) and section 10 of the Local Government (No. 2) Act, 1960 (No. 40 of 1960), as substituted by section 86 of the Housing Act, 1966 and as further amended by section 6 and the Second Schedule to the Roads Act, 1993 (No. 14 of 1993) and by section 222 of the Planning and Development Act, 2000 (No. 30 of 2000), hereby makes the following Regulations:—

1. These Regulations may be cited as the Housing Act, 1966 (Acquisition of Land) Regulations, 2000.

2. These Regulations shall come into operation on 1 January 2001.

3. In these Regulations —

“the Act of 1960” means the Local Government (No. 2) Act, 1960 (No. 40 of 1960),

“the Act of 1966” means the Housing Act, 1966 (No. 21 of 1966),

“the Act of 1993” means the Roads Act, 1993 (No. 14 of 1993),

“the Act of 2000” means the Planning and Development Act, 2000 (No. 30 of 2000),

“the Regulations of 1966” means the Housing Act, 1966 (Acquisition of Land) Regulations, 1966 ( S.I. No. 278 of 1966 ),

“the Regulations of 1993” means the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1993 ( S.I. No. 214 of 1993 ),

“the Regulations of 1998” means the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1998 ( S.I. No. 434 of 1998 ).

4. (1) Forms No. 1, 2, 3, and 4 set out in the Schedule hereto, or forms substantially to the like effect, shall be the prescribed forms to be used for the purposes for which they are respectively expressed to relate where a housing authority propose to acquire land compulsorily for the purposes of the Act of 1966, by means of a compulsory purchase order made under section 76 of the said Act and the Third Schedule thereto, as amended by the Act of 2000.

(2) Form No. 5 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a housing authority in exercise of the powers conferred upon them by section 81 of the Act of 1966.

5. (1) Forms No. 6, 7, 8 and 9 set out in the Schedule hereto, or forms substantially to the like effect, shall be the prescribed forms to be used for the purposes for which they are respectively expressed to relate where a local authority propose in accordance with the powers conferred upon them by section 10 of Act of 1960, as substituted by section 86 of the Act of 1966 and as further amended by section 6 and the Second Schedule to the Act of 1993 and by section 222 of the Act of 2000, to acquire land compulsorily by means of a compulsory purchase order made under section 76 of the Act of 1966 and the Third Schedule to the said Act, as amended by the Act of 2000.

(2) Form No. 10 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a local authority in exercise of the powers conferred upon them by section 81 of the Act of 1966, as applied by section 10 of the Act of 1960, as substituted by section 86 of the Act of 1966.

6. Where a compulsory purchase order made by a housing authority or a local authority under section 76 of the Act of 1966, and the Third Schedule to the said Act, relates to land which includes a house within the meaning of section 75 of the Act of 1966, and the house is, in the opinion of the housing authority or the local authority (as the case may be), unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the house shall be described in the compulsory purchase order in the manner set out in sub-paragraph (1) of paragraph 2 of Form No. 1 and of Form No. 6 in the Schedule hereto.

7. Form No. 11 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of receipt to be given to a housing authority or a local authority for purchase money or compensation paid by the housing authority or local authority (as the case may be) pursuant to paragraph (a) or (b) of article 2 of the Third Schedule to the Act of 1966.

8. Where a local authority propose to acquire land compulsorily in accordance with the powers conferred on them by section 52 of the Act of 1993, as amended by section 5 of the Roads (Amendment) Act, 1998 (No. 23 of 1998), Form 12 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form.

9. The Regulations of 1966, the Regulations of 1993 and the Regulations of 1998 are hereby revoked.

SCHEDULE

Form No. 1

FORM OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

HOUSING ACT, 1966

SECTION 10 OF THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AS AMENDED BY SECTION 11 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 ) AND SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT, 2000

WHEREAS the _________________________ 1 (hereinafter referred to as ”the housing authority”) propose for the purposes of the Housing Act, 1966 , to acquire compulsorily the land hereinafter described:

AND WHEREAS the said land includes (a) house(s) 2 and the said house(s) is/are, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense and such house(s) is/are coloured pink on the map referred to in this order:3

NOW THEREFORE it is hereby ordered that—

1. Subject to the provisions of this order the housing authority are hereby authorised to acquire compulsorily for the purposes of the Housing Act, 1966 , the land described in the Schedule hereto which land is shown on a map marked _________________________ 4 and sealed with the seal of the housing authority and deposited at the offices of the housing authority (hereinafter referred to as “the deposited map”).

2. (1) The land described in Part I of the Schedule hereto and coloured pink on the deposited map consists of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.3

(2) The land described in Part II of the Schedule hereto and coloured grey on the deposited map is land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense3

3. Subject to any necessary adaptations, the provisions of—

(a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Housing of the Working Classes Act, 1890), and

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 (as applied by section 265 (3) of the Planning and Development Act, 2000 ),

as modified by the Third Schedule to the Housing Act, 1966 , are hereby incorporated in this order and the provisions of those Acts shall apply accordingly.

4. This Order may be cited as _____________________ Order, 20 .5

SCHEDULE

PART I

Land consisting of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority Quantity, description and situation of the land Owners or reputed owners Lessees or reputed lessees Occupiers (except tenants for a month or a less period than a month)

PART II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority Quantity, description and situation of the land Owners or reputed owners Lessees or reputed lessees Occupiers (except tenants for a month or a less period than a month)

The official seal of the housing authority was affixed hereto this __________ day of ___________ 20 ____________, in the presence of

_____________6

_____________6

_____________

Manager.6

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 2

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

COMPULSORY ACQUISITION OF LAND

___________________________________ (title of order)

The ___________________________________ (hereinafter referred to as “the housing authority”) in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto (as amended by the Planning and Development Act, 2000 ), have made an order entitled as above which is about to be submitted to An Bord Pleanála for confirmation. If confirmed, the order will authorise the housing authority to acquire compulsorily the land described in the Schedule for the purposes of the Housing Act, 1966 .

A copy of the order and of the map referred to in it may be seen at all reasonable hours at _______________________.

Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.

The Housing Act, 1966 , as amended, provides that the Board cannot confirm the order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn, until it has held an oral hearing into the objection and until it has considered the objection and the report of the person who held the oral hearing.

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