Labourers (Ireland) Act 1906

• Jurisdiction: Ireland
• Citation: 1906 c. 37
• Year: 1906

Labourers (Ireland) Act, 1906

(6 Edw. 7.) CHAPTER 37.

An Act to amend the Law relating to Labourers in Ireland and to make provision with respect to the application of portion of the Ireland Development Grant.

[4th August 1906]

B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 Amendment of law as to representation.

(1) A representation under the Labourers Acts shall be sufficient for all the purposes of those Acts if it represents that the circumstances of the section of the rural district to which it relates are such that it is the duty of the district council to take proceedings under the Labourers Acts therein.

(2) In section ninety-seven of the Irish Land Act, 1903 , which provides for the number of persons by whom a representation may be signed, ‘three’ shall be substituted for ‘six.’

2 Enlargement of cottages already provided.

(1) Where a district council desire to enlarge any cottage which they may have erected or acquired under the Labourers Acts, it shall not be necessary for the council to make an improvement scheme for the purpose, and they may borrow money to defray the cost of such enlargement, subject to such regulations as may be prescribed.

(2) The foregoing provisions of this section shall, with the consent of the Local Government Board, apply where it is proposed to enlarge a plot or garden attached to a cottage erected or acquired as aforesaid and where land for the purposes of such enlargement will be acquired by agreement.

3 Improvement scheme without representation.

3. A district council may, if they think fit, after giving such notices as are required by section four of the Act of 1883, as amended by section one of the Act of 1896, make an improvement scheme under the Labourers Acts for the whole or any section of their district notwithstanding that a representation has not been made to them in relation thereto.

4 Limit of time for giving answers.

4. In section twenty-one of the Act of 1885, which limits the time within which answers may be given to notices, twenty-one days shall be substituted for one month.

5 Improvement scheme where land not taken compulsorily.

5. Where in an improvement scheme it is not proposed that any land shall be taken compulsorily, or that any house accommodation shall be provided, the scheme shall become absolute and take effect without confirmation subject to the sanction of the Local Government Board to any loan or expenditure required for the purposes of the scheme.

6 Improvement scheme where land taken compulsorily.

6. Where in an improvement scheme it is proposed that any house accommodation shall be provided or any land shall be taken compulsorily—

(1) The inspector appointed by the Local Government Board to hold the inquiry as to the propriety of confirming the scheme may, if he thinks proper, after the completion of the inquiry and considering all objections made by any persons interested (including any agricultural labourers by whom or on whose behalf representations have been made), make an order confirming the scheme, and the inspector shall, subject to the approval of the Local Government Board, have for that purpose all or any of the powers conferred on the Local Government Board by the Labourers Acts in relation to the making of provisional orders confirming improvement schemes:

(2) A copy of any order made under this section shall be served in the prescribed manner, together with a statement that the order will be confirmed and have the effect of an Act of Parliament, unless within the prescribed period which shall be not less than one month a petition by some person interested is presented to the Local Government Board or the county court having jurisdiction where the land comprised in the scheme is situate praying that the order, or any specified part thereof, shall not become law without further inquiry:

(3) A copy of every petition to the county court under this section shall be forwarded by an officer of the county court to the Local Government Board, and if the petition is withdrawn a notice to that effect shall be so forwarded:

(4) If the Local Government Board are satisfied that the prescribed regulations have been in all respects complied with, then after the prescribed period—

(a ) If no petition has been presented, or if every such petition has been withdrawn, the Board shall without further inquiry confirm the order;

(b ) If a petition has been presented to the Local Government Board and has not been withdrawn, then, unless the district council notify the Local Government Board of their intention to withdraw the improvement scheme, or the part thereof, as the case may be, to which the petition relates, the Board shall after consideration of a full report of the evidence taken at the original inquiry, and, after such further local inquiry (if any) as they may deem necessary, either confirm with or without amendment or disallow the order;

(c ) If a petition has been presented to the county court and has not been withdrawn, then at the first sitting of that court held after the expiration of one week from the date of the presentation of the petition or at any adjournment thereof the court shall hear the petition and determine all questions arising thereon, and may either confirm with or without amendment or disallow the order and may award costs to be paid by or to the petitioner or any party opposing the petition;

(d ) Upon any such confirmation by the Local Government Board or the county court the order, and if amended as so amended, shall become final, and have the effect of an Act of Parliament, and the confirmation by the Local Government Board or the county court shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made, and is within the powers of the Labourers Acts:

(5) Rules of the county court for the purposes of this section shall be made after consultation with or notice of consultation sent to the President of the Incorporated Law Society of Ireland, and shall regulate the practice and procedure with respect to the presentation, withdrawal, and hearing of petitions to the county court and for the costs incidental thereto:

(6) No part of an improvement scheme under the Labourers Acts shall be disallowed merely on the ground that agricultural labourers are not required for the cultivation or management of the holding or estate portion of which it is proposed to acquire for the purpose of such scheme or part of such scheme.

7 Amendment of 3 Edw. 7. c. 37. s. 96, with respect to schemes.

(1) Where the Irish Land Commission, after making inquiry pursuant to section ninety-six of the Irish Land Act, 1903, are of opinion that accommodation for labourers on an estate is needed, they may, instead of framing a scheme, transmit to the council of the rural district in which the estate is situate a report of their opinion, and that council if they think fit may, in communication with, and subject to the approval of, the Local Government Board and the Irish Land Commission, frame a scheme which shall provide for such accommodation and fix the amount of the purchase money of the land comprised in the scheme, and the Local Government Board shall thereupon make an order confirming the scheme.

(2) Upon such confirmation the order shall become final and have the effect of an Act of Parliament, and shall not be subject to petition, and the confirmation by the Local Government Board shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made, and is within the powers of this Act.

(3) Upon such confirmation the Irish Land Commission shall make an order vesting, subject to such exceptions and reservations as are specified in the order, the fee simple of the land comprised in the scheme in the council of the rural district in which that land is situate, and that council shall thereupon carry the scheme into execution.

8 As to superfuluous land.

8. Where the Local Government Board are satisfied that owing to exceptional circumstances arising in a rural district any land acquired for the purposes of the Labourers Acts cannot with advantage be used for those purposes, they may by order authorise the district council to let the land, and any buildings thereon, to be used for any purpose specified in the order and appearing to the Board to be beneficial to the inhabitants of the district.

9 Provision in case of insanitary dwellings.

(1) Where it appears to the Local Government Board that a district council have neglected to make an adequate improvement scheme for the purpose of providing cottages or allotments, or cottages with allotments, for agricultural labourers in their district, or, having made such scheme, have failed to carry it out with reasonable expedition, the Board may require the district council to make an improvement scheme for that purpose, or to carry out such scheme with reasonable expedition, as the case may be.

(2) If the district council do not within the prescribed period make an improvement scheme which appears to the Local Government Board to be adequate, or fail to carry out such scheme (if made) with reasonable expedition, as the case may be, the Board may appoint an officer who for the purposes of such scheme shall have all the powers and may perform all the duties of the district...