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ALLOTMENTS ACT (NORTHERN IRELAND) 1932

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - LONG TITLE

An Act to enable certain local authorities to provide allotments of
land, and for other purposes incidental thereto.{1}
[7th June 1932]
Power of local authority to take on lease and use land for
provision of allotments.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 1

1.(1) The council of a county borough, borough or urban district
(in this Act referred to as "the local authority") may, if they
think fit, provide allotments under and subject to the provisions of
this Act for persons resident in the borough or district of the
local authority.

(2) For the purpose of providing allotments under this Act the
local authority may, with the approval of the Ministry of Home
Affairs

(a)[acquire by agreement or take on lease] land whether situate
within or without their borough or district; and

(b)use any land acquired by them and not for the time being
required for the purpose for which such land has been acquired.

(3) The local authority may adapt for letting in allotments any
land [which they have acquired or taken on lease] or are authorised
to use, for the purpose aforesaid, by draining, fencing and dividing
the land, making approaches thereto and erecting temporary storehouses
thereon, or in such other way as the Ministry of Home Affairs may
approve, and may from time to time do such things as may be
necessary for maintaining the drains, fences, approaches and
storehouses or otherwise necessary for maintaining the allotments in
a proper condition.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 2
Provisions as to letting of allotments.

2.(1) [Any land acquired or taken on lease] or authorised to be
used, for the purpose of providing allotments shall, subject to the
provisions of this Act, be let by the local authority in accordance
with the following conditions:

(a)No allotment shall exceed one-eighth of an acre, statute measure,
in extent;

(b)No person shall become the tenant of more than one allotment
under this Act, nor shall any allotment be let to a person who is
apart from the provisions of this Act in occupation of land to the
extent of one-eighth of an acre, statute measure, or to any greater
extent;

(c)In the selection of tenants the local authority shall, as between
tenants who are otherwise equally suitable, give preference to
applicants who, by reason of unemployment or the number of persons
depending upon them, or for other reasons, are in poor
circumstances;

(d)The allotments shall be allocated by lot amongst the applicants
selected by the local authority;

(e)a person shall not, except with the consent in writing of the
local authority, assign, sub-let or part with the possession of an
allotment.

(2) The allotments, except where on the application of the local
authority the Ministry of Home Affairs otherwise directs, shall be
let at rents of such amounts as may reasonably be expected to
defray the expenses of the local authority in connection with the
allotments.

(3) Every tenant shall be required to enter into an agreement in
the prescribed form, undertaking to cultivate his allotment in
accordance with the prescribed regulations, and pay in advance, by
weekly or other instalments, the rent fixed by the local authority
in respect of his allotment.

(4) If at any time an allotment cannot be let in accordance with
the foregoing provisions of this Act, the same may be let to any
person whomsoever at the best annual rent which can be obtained for
the same, without any premium or fine, and on such terms as may
enable possession thereof to be resumed within a period not
exceeding twelve months, should the allotment at any time be
required to be let in accordance with the said provisions.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 3
Conditions applying to tenants of allotments.

3.(1) Every tenant who

(a)within three weeks after an allotment has been allocated to him
has not made such progress in the cultivation of the allotment as
the local authority consider reasonable; or

(b)has not properly cultivated his allotment within such period as
the local authority consider reasonable; or

(c)disobeys any provisions of this Act or of the prescribed
regulations applying to his allotment; or

(d)has failed to pay the rent of his allotment for a period of
four consecutive weeks;

Provided that an allotment shall not be forfeited under this section
except after one week's previous notice sent by post to, or
delivered at, the usual or last known address of the tenant, to
the effect that the allotment will be forfeited for the reasons
specified in such notice.

(2) A tenant who has forfeited an allotment under this section
shall, after such forfeiture, be disqualified from obtaining an
allotment under the provisions of this Act:

Provided that this sub-section shall be deemed not to apply in any
case where amends for the default causing the said forfeiture have
been made to the satisfaction of the local authority.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 4
Supply of manures, seeds and agricultural implements.

4.(1) The local authority may purchase manures, seeds and
agricultural implements and may, in accordance with the prescribed
regulations, supply any tenant of an allotment with agricultural
implements and manure, and, if satisfied that the allotment has been
properly prepared for the sowing of seeds, with seeds in such
quantities as the local authority consider reasonable.

(2) Within six months after any manures, seeds or agricultural
implements have been supplied under this section, the local authority
shall take proceedings to recover any sums due in respect of such
supply.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 5
Duty of local authority to make regulations.

5.(1) The local authority shall make regulations

(a)for the cultivation of allotments provided by them;

(b)for the preservation of good order in such allotments;

(c)for prohibiting the keeping of live animals on such allotments;

(d)for prescribing anything which is required by this Act to be
prescribed by the local authority; and

(e)generally, for carrying the provisions of this Act into effect in
relation to allotments provided by the local authority.

(2) Regulations made under this section shall be submitted to the
Ministry of Home Affairs for approval, and shall not be of any
force unless and until they have been approved by the said
Ministry.

(3) Copies of any regulations made and approved under this section
shall be exhibited in some conspicuous place or places.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 6
Recovery of possession and sums due.

6.(1) Section fifteen of the Summary Jurisdiction (Ireland) Act,
1851, shall apply for the purpose of the recovery by the local
authority of possession of any allotment let by them under this
Act, and neither the Land Law (Ireland) Acts nor the Landlord and
Tenant (Ireland) Act, 1870, shall apply to any letting of an
allotment under this Act.

(2) Any sum of money due to the local authority by any person in
respect of the rent of an allotment, or the supply of manures,
seeds or agricultural implements, or otherwise, shall, without
prejudice to any other means of recovery, be recoverable in a
summary manner as a small debt although exceeding two pounds.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 7
Power of local authority to assist associations in provision of
allotments.

7.(1) The local authority may make grants or loans for the purpose
of assisting any approved association to provide allotments for
persons qualified to be tenants of allotments under this Act. Any
expenses incurred by the local authority for the said purpose shall
be defrayed as expenses incurred by them in carrying the provisions
of this Act into effect.

(2) The local authority may, with the approval of the Ministry of
Home Affairs, let to an approved association [any land acquired or
taken on lease] or authorised to be used by the local authority
for the purpose of providing allotments under this Act, but so that
the approved association shall not use such land except in order to
provide allotments in accordance with this Act for persons qualified
thereunder to be tenants of such allotments.

(3) In this section the expression "approved association" means any
association of persons (not trading for profit) approved by the
Ministry of Home Affairs, and being an association whose objects
include the provision of allotments for persons qualified to be
tenants of allotments under this Act.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 8
Power of local authority to accept contributions and gifts for
allotments.

8. The local authority may accept and use, for any objects which
they have power to carry into effect under this Act, contributions
in money or gifts of any estate or interest in land which may be
made to them for those objects and upon such conditions (if any)
as do not conflict with the provisions of this Act.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 9
Appointment of committee for purposes of Act.

9. The local authority may appoint a committee for the purposes of
this Act, and out of such committee a number, not exceeding
one-fourth, may be persons who are not members of the local
authority. A committee appointed under this section shall not
exercise any powers of the local authority with respect to the
raising of a rate for the said purposes.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 10
Expenses of local authority.

10. The expenses incurred by the local authority in carrying the
provisions of this Act into effect shall be defrayed out of the
rate or fund applicable to the purposes of the Public Health
(Ireland) Acts, 1878 to 1918.

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 11
Penalty for damage to an allotment.

11. Any person who, by any act done without lawful authority or by
negligence, causes damage to any allotment, or any crops or fences
or buildings thereon, shall be liable on summary conviction to a
penalty not exceeding five pounds; but this provision shall not
apply unless notice thereof is conspicuously displayed on or near
the allotment.

S.12 rep. by SLR (NI) 1952

ALLOTMENTS ACT (NORTHERN IRELAND) 1932 - SECT 13
Short title.

13.(1) This Act may be cited as the Allotments Act (Northern
Ireland), 1932.

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.