No. 42/1937:

HOUSING AND LABOURERS ACT, 1937

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1 Short title and citation.

PART II AMENDMENT AND EXTENSION OF THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1936

2 Definitions for purposes of Part II.

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

4 Further restrictions on grants under section 5 of the Principal Act.

5 Grants by Minister and urban authorities in respect of certain works executed on houses in urban areas.

6 Limit of grants under section 5 of the Principal Act and this Act.

7 Amendment of Section 8 of the Principal Act.

8 Enforcement of undertaking.

9 Repeals.

PART III AMENDMENT OF THE LABOURERS ACT, 1936

10 Definition for purposes of Part III.

11 Amendment of sections 16 and 17 of the Principal Act and consequential provisions.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1936, TO AMEND SECTIONS 16 AND 17 OF THE LABOURERS ACT, 1936 , AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONSEQUENTIAL UPON THE AMENDMENT OF THE SAID SECTIONS.

[18th December, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I PRELIMINARY

1.—(1) This Act may be cited as the Housing and Labourers Act, 1937 .

(2) The Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1936, and Part II of this Act may be cited together as the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1937.

(3) The Labourers Acts, 1883 to 1936, and Part III of this Act may be cited together as the Labourers Acts, 1883 to 1937.

PART II AMENDMENT AND EXTENSION OF THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACTS, 1932 TO 1936

2.—In this Part of this Act—

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

the expression "the Minister" "urban area" and "urban authority" and the words "person" " house and "erected" have the same meanings as they respectively have in Part II of The Principal Act.

3.—Sub-section (1) of section 5 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—

( a ) by the insertion in paragraph (b) of the said sub-section (1) of the following sub-paragraph, in lieu of subparagraph (iv) now (by virtue of paragraph (b) of section 2 of the Housing (Financial and Miscellaneous Provisions) (Amendment) Act, 1934 (No. 30 of 1934)) contained in the said paragraph (b), that is to say:—

"(iv) forty-five pounds, if the erection of such house shall have been commenced on or after the 12th day of May, 1932, but before the 1st day of January, 1937, and shall have been completed before the 1st day of April, 1938;"

( b ) the reference to the 1st day of April, 1935, contained in each of the paragraphs (c) (d) (e) (f) (g) (h) and (I) of the said sub-section (1) shall be construed as a reference to the 1st day of April, 1939;

( c ) the reference to the 1st day of April, 1938, set out in paragraph (b) of sub-section (1) of section 2 of the Housing Act, 1936 (No. 27 of 1936) shall be construed in all cases as a reference to the 1st day of October, 1938;

( d ) by the substitution in sub-paragraph (ii) of paragraph (i)of the said sub-section (1) of the figures "800" for the figures "750" now contained in the said sub-paragraph (ii);

( e ) by the insertion in paragraph (j) of the said sub-section (1) of the words and figures "before the 1st day of April, 1939" after the words "in respect of any house acquired" and after the words "repairing such house" now contained in the said paragraph (j).

4.—In addition to the restrictions imposed by sub-section (3) of section 5 of the Principal Act the Minister shall not mike a grant under section 5 of the Principal Act, as amended by any subsequent enactment (including this Act), in respect of—

( a ) a house which is erected on or on any part of the site of a building in respect of the destruction of which—

(i) compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or

(ii) payment has been made on foot of an award made by the Compensation (Ireland) Commission; or

( b ) a reconstructed house where, in respect of damage to the building before reconstruction—

(i) compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or

(ii) payment has been made on foot of an award made by the Compensation (Ireland) Commission; or

( c ) a house in respect of which a grant was made under the Housing (Gaeltacht) Acts, 1929 and 1934; or

( d ) a house in respect of which a grant was made under The Principal Act, as amended by any subsequent enactment (including this Act).

5.—(1) Where after the passing of this Act a notice has been served under section 19 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), by an urban authority oil a person having control of a house in an urban area and such person has executed on such house the works specified in such notice, then, subject to the provisions of this section:—

( a ) the Minister may, with the consent of the Minister for Finance and subject to the prescribed regulations, make, out of moneys provided by the Oireachtas, to such person a grant in respect of such works, and

( b ) such urban authority may also make to such person a grant, in respect of such works.

(2) No grant made under this section by the Minister or an urban authority in respect of any works executed on a house shall exceed whichever of the following amounts is the smaller, that is to say:—

( a ) £40 for each separate dwelling forming part of such house after the execution of such works,

( b ) one quarter of the cost of such works.

(3) The Minister shall not make under this section a grant in respect of works executed on a house to which this section applies where it is shown to his satisfaction that throughout such execution rates of wages have not been paid or conditions of labour observed at least as advantageous to the persons employed on such execution as the appropriate rates of wages or conditions of labour generally recognised by trade unions at the commencement of such works.

(4) No grant shall be made under this section in respect of works executed on a house situate in a county borough or in the borough of Dun Laoghaire unless the Minister and the urban authority agree to make grants of equal amount in respect of such works.

(5) An urban authority shall not make a grant under this section in respect of works executed on a house situate, in an urban area (other than a county borough or the borough of Dun Laoghaire), unless the Minister also makes in respect of such works a grant of an equal or greater amount.

(6) Sub-section (3) of section 5 of the Principal Act and the immediately preceding section of this Act shall apply in respect of grants by the Minister under this section in like manner as if such grants were grants under section 5 of the Principal Act as amended by any subsequent enactment (including this Act).

(7) For the purposes of this section an urban authority shall have the like powers of raising expenses and of borrowing money as are conferred on them by Part III of the Housing of the Working Classes Act, 1890, as amended by any subsequent enactments.

(8) Where the Minister makes a grant under this section to any person in respect of works executed on a house, the following provisions shall apply and have effect, that is to say:—

( a ) the Minister may require such person as a condition of receiving a grant to enter into any undertaking which seems proper to the Minister in respect of the maximum rent to be charged by such person for such house or for any separate dwelling forming part of such house after the execution of such works;

( b ) where such undertaking is so entered into, no rent shall be payable by the tenant of such house or such separate dwelling which is greater than the maximum rent permitted by such undertaking;

( c ) the Minister may require such person as a condition of his receiving a grant to enter into any undertaking which seems proper to the Minister in respect of the rates of wages to be paid or the conditions of labour to be observed in the execution of such works.

(9) The Minister may make regulations providing for any matter or thing which under this section is to be provided for by the prescribed regulations.

6.—The aggregate amount of grants to be made by the Minister under section 5 of the Principal Act, as amended by any subsequent enactment (including this Act) and under the immediately preceding section of his Act shall not exceed the sum of three million five hundred thousand pounds.

7.—section 8 of the Principal Act is hereby amended by the insertion of the following sub-section at the end of the said section, that is to say:—

"(4) The Minister may, as a condition of his making a grant to any person or public utility society in respect of the erection of a house to which in his opinion this section applies require such person or public utility society (as the case may be) to enter into any undertaking which seems proper to the Minister as to the rates of wages to be paid or the conditions of labour to be observed in such erection."

8.—Where the Minister has, whether before or after the passing of this Act, paid to any person or public utility society under section 5 of the Principal Act or this Act, any grant or instalment of a grant and as a condition to his receiving such grant such person or public utility society (as the case may be) has given any undertaking to the Minister and such undertaking has not been complied with the following provisions shall have effect that is to say:—

(1) such person or public utility society (as the case may be) shall be liable to repay to the Minister the amount of such grant;

(2) such amount may be recovered from such person or public utility society (as the case may be) as a civil debt in any court of competent jurisdiction.

9.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule,

PART III AMENDMENT OF THE LABOURERS ACT, 1936

10.—In this Part of this Act the expression "the Principal Act" means the Labourers Act, 1936 (No. 24 of 1936).

11.—(1) Sub-section (1) of section 16 of the Principal Act is hereby amended by the deletion of paragraph (c) of the said sub-section, and the said sub-section shall be construed and have effect accordingly.

(2) Sub-section (1) of section 17 of the Principal Act is hereby amended by the insertion at the end of the said sub-section of the following words, that is to say:—

"subject however to the following restrictions namely, that if any rent is due in respect of such cottage, such vesting order shall not be made unless and until—

(i) in case the amount of rent due does not exceed one quarter year's rent, the said amount is paid to such board of health, or

(ii) in case the amount of rent due exceeds one quarter year's rent, a sum not less than one quarter year's rent is paid to such board of health on account of the said amount."

and the said sub-section shall be construed and have effect accordingly.

(3) Where the board of health for a county health district make, under sub-section (1) of section 17 of the Principal Act as amended by this section, a vesting order in relation to a cottage in respect of which any sum (in this sub-section referred to as the arrears) in respect of rent remains due at the time of the making of such vesting order, the following provisions shall have effect,, that is to say:—

( a ) for the purposes of this sub-section—

the expression "the principal annuity" means the terminable annuity specified in relation to such cottage in the purchase scheme (within the meaning of the Principal Act) applicable to such cottage,

the expression "gale days" means the days specified in such vesting order in pursuance of paragraph (b) of sub-section (2) of the said section 17;

( b ) the arrears shall be paid to such board of health within such number of years (in this sub-section referred to as the funding period), commencing with and expiring not later than the payment period (within the meaning of the said sub-section (2)) in respect of such cottage, as such board of health may appoint, and shall, if such board of health so directs, be paid with interest at such rate (not exceeding 4¾ per cent. per annum) as such board of health may appoint for such county health district;

( c ) the arrears with interest thereon (if any) shall be paid by means of an annuity (in this sub-section referred to as the funding annuity) payable during the funding period;

( d ) the funding annuity shall—

(i) in case such board of health direct that the arrears are to be paid with interest, be of such amount as, in the opinion of such board of health, will, during the funding period, repay the arrears, with interest at the rate so appointed, by equal instalments on the gale days falling within the funding period, or

(ii) in any other case, be an amount equal to the arrears divided by a number equal to the number of years in the funding period;

( e ) such cottage shall, by virtue of this paragraph, be subject to and charged with the payment to such board of health of the funding annuity;

( f ) the funding annuity shall be paid by equal instalments on the gale days falling within the funding period, and the statutory conditions applicable to such cottage shall, during the funding period, include a condition that on each gale day during the funding period an instalment of the funding annuity shall be, punctually paid to such board of Health, and the expression "instalment of an annuity" contained in sections 22 and 24 of The Principal Act shall be construed as including an instalment of the funding annuity;

( g ) reference in section 27 of the Principal Act to the cottage purchase annuity shall during the funding period be construed as references to the principal annuity increased by an amount equal to the funding annuity;

( h ) in calculating the amount of the funding annuity or the amount of any instalment of the funding annuity, any fraction of a penny less than a halfpenny shall he disregarded and any fraction of a penny equal to or greater than a halfpenny shall be reckoned as a penny;

( i ) such vesting order shall state that the provisions of this sub-section are applicable to such cottage and shall specify the funding period and the amount of the funding annuity and of an instalment thereof.

SCHEDULE

ENACTMENTS REPEALED.