No. 42/1931:

THE HOUSING (GAELTACHT) (FINANCE) REGULATIONS, 1931

THE HOUSING (GAELTACHT) (FINANCE) REGULATIONS, 1931

WHEREAS it is enacted by sub-section (3) of section 8 of the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), that the Minister for Finance may make regulations for all or any of the following purposes, that is to say:—

(a) the issue of loans made under the said section 8, including the issue of such loans in one or more instalments;

(b) the making of charging orders and the form of such orders;

(c) the repayment of such loans, including the time or times at which and the instalments in which repayment is to be made;

(d) conditions for securing the due application of such loans to the purposes for which such loans are made:

NOW the Minister for Finance, in exercise of the powers conferred on him by section 8 of the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), and of every and any other power him in this behalf enabling, hereby makes the following regulations, that is to say:—

1. These Regulations may be cited for all purposes as the Housing (Gaeltacht) (Finance) Regulations, 1931.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these Regulations

the expression "the Act" means the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929),

the expression "the Minister" means the Minister for Finance,

the expression "authorised officer" means an officer appointed under these Regulations by the Minister for Lands and Fisheries to be an authorised officer for the purposes of these Regulations,

the expression "the Commissioners" means the Commissioners of Public Works in Ireland,

the expression "loan" means a loan issued under the Act,

the expression "borrower" means the person for the time being liable to repay a loan to the Commissioners, and includes the executors and administrators of such person.

4. The first day of February and the first day of August in every year shall be days of payment for the purposes of these Regulations, and the expression "day of payment" shall in these Regulations be construed accordingly.

5. The Minister for Lands and Fisheries shall for the purposes of these Regulations prepare, with the approval of the Minister, a panel of officers of the Minister for Lands and Fisheries, and that Minister may appoint any officer who is for the time being on such panel to be an authorised officer for the purposes of these Regulations and may at any time revoke any such appointment.

6. Whenever the Minister for Lands and Fisheries issues under section 8 of the Act to the Commissioners a certificate that a loan may be made to a person to whom he has made a grant, an authorised officer shall decide such matters in relation to such loan as are under these Regulations to be decided by an authorised officer, and shall inform the Commissioners in writing of his decision.

7. A loan in amplification of a building grant or an improving grant may be issued in one instalment or two instalments as an authorised officer shall in each case decide.

8. A loan in amplification of a poultry-house building grant, a poultry-house improving grant, a piggery building grant or a piggery improving grant shall be issued in one instalment.

9. Where a loan in amplification of a building grant or an improving grant is issued in two instalments, the amount of the first of such instalments shall not exceed a sum which, when added to the amount of the grant then issued, bears to the amount of such grant and loan added together, the same proportion as the value of the work executed at the date of the authority for the issue of such first instalment bears to the total estimated value of the work towards which such grant and loan were made.

10. The value of the work executed at any particular time shall for the purposes of the Act and these Regulations be taken to be the value as certified by an authorised officer of the work done up to that time.

11. Where a loan in amplification of a building grant or an improving grant is issued in two instalments:

(a) if such building grant or improving grant is paid in a single instalment, the first instalment of such loan may be issued concurrently with the payment of such grant, but not earlier; and

(b) if such building grant or improving grant is paid in two instalments, the first instalment of such loan may be issued concurrently with the payment of the first instalment of such grant, but not earlier; and

(c) if such building grant or improving grant is paid in three instalments, the first instalment of such loan my be issued concurrently with the payment of the second instalment of such grant, but not earlier.

12. The last or the only instalment of any loan shall be issued upon the receipt by the Commissioners of a certificate from an authorised officer that the work or a sufficient proportion of the work in respect of which the monetary assistance was given under the Act has been completed to his satisfaction.

13. If work in respect of which the Minister for Lands and Fisheries has issued to the Commissioners a certificate that a loan may be granted is not completed in the time (if any) limited by the Minister for Lands and Fisheries for the completion of such work or such reasonable extension of such time as he may grant or, if no time be so limited, within a time which in the opinion of the Minister is reasonable for the completion of such work, the Minister may direct that the amount of the second or of the only instalment of such loan shall be withheld or shall be reduced by such amount as he may determine or, if a first instalment has been issued, that the person to whom it was issued may be required to repay forthwith the full amount so issued to the Commissioners and upon being so required he shall become liable to the repayment of the full amount forthwith notwithstanding any condition to the contrary on which such first instalment may have been issued.

14. Every charging order made by the Commissioners under the Act shall be in the form in the Schedule to these Regulations.

15. Every charging order made by the Commissioners under the Act shall be executed in duplicate under the common seal of the Commissioners and shall be registered by the Commissioners in the Registry of Deeds or the Land Registry (as the case may require).

16. On the first day of payment after the issue of a loan which is issued in one instalment and on the first day of payment after the issue of an instalment of a loan which is issued in two instalments, interest on such loan or instalment at such rate as shall be fixed by the Minister shall be paid to the Commissioners for the period from such issue up to and including the said first day of payment.

17. Every loan in amplification of a building grant or an improving grant which is issued in one instalment and each instalment of every such loan which is issued in two instalments shall be repaid to the Commissioners (with interest from the first day of payment after the issue of such loan or instalment at such rate as shall be fixed by the Minister) by means of a terminable annuity, continuing for the period of thirty-five years from the said first day of payment after the issue of such loan or instalment, and of such amount as shall repay such loan or instalment (with the said interest) in the said period.

18. A loan in amplification of a poultry-house building grant, a poultry house improving grant, a piggery building grant, or a piggery improving grant shall be repaid to the Commissioners (with interest from the first day of payment after the issue of such loan at such rate as shall be fixed by the Minister) by means of a terminable annuity, continuing for a number of years from the first day of payment after the issue of such loan equal to the number of pounds in such loan, and of such amount as will repay such loan with interest at the rate aforesaid in the said number of years.

19. Every terminable annuity payable to the Commissioners under these Regulations shall be paid by equal half-yearly payments on every day of payment, and the first of such half-yearly payments shall be paid on the second day of payment after the issue of the loan or instalment in repayment of which such annuity is payable.

20. If, before the issue of the second instalment of a loan which is issued in two instalments, default is made in the payments of interest on the first instalment of such loan or in the payment of any gale of the terminable annuity payable in respect of such instalment, the Commissioners may at their discretion either deduct the amount of such interest or annuity so unpaid from the second instalment of such loan at the time of issue or serve on the borrower a notice that, unless all sums due whether for interest or on account of the terminable annuity on or in respect of such first instalment are paid within fourteen days, such first instalment of such loan is called in by such notice and the issue of the second instalment of such loan is cancelled.

21. If, after the issue of a loan which is issued in one instalment or after the issue of the second instalment of a loan which is issued in two instalments, default is made in the payment of any interest on such loan or either instalment thereof or in the payment of any gale of the terminable annuity payable in respect of such loan or either instalment thereof, the Commissioners may serve on the borrower a notice that, unless all sums due whether for interest or on account of the terminable annuity on or in respect of such loan or either instalment thereof are paid within fourteen days, the whole of such loan is called in by such notice.

22. Whenever a loan or an instalment of a loan is called in by a notice served under these Regulations, the whole of the balance then unpaid (as the case may be) of the loan or instalment so called in shall be payable forthwith with interest thereon until paid.

23. The Commissioners may at any time agree with the borrower to accept the repayment of the entire loan or so much thereof as may be for the time being outstanding with all interest due up to the date of such repayment.

24. Whenever a loan made under the Act has been repaid to the Commissioners, the Commissioners shall issue to the borrower a certificate that the loan has been repaid.

Given under the Official Seal of the Minister for

Finance this Twentieth day of June, in the

Year One Thousand Nine Hundred and Thirty-

one.

(Signed) ARTHUR D. CODLING.

SCHEDULE.

ACHT NA DTITHE (GAELTACHT) 1929— HOUSING (GAELTACHT) ACT 1929 .

CHARGING ORDER.

WHEREAS under the provisions of The Housing (Gaeltacht) Act, 1929 (Number 41 of 1929) (hereinafter referred to as the said Act) the Minister for Lands and Fisheries has issued to US the Commissioners of Public Works in Ireland (hereinafter referred to as the Commissioners) a certificate certifying that

a Loan of ............................................................ ............................................pounds

may be granted under the said Act to............................................................ ...............

............................................................ ............................................................ ..........

of............................................................ ............................................................ .......

in the County of............................................................ ...............................................

towards the cost of............................................................ ...........................................

............................................................ ............................................................ ...........

............................................................ ............................................................ ...........

............................................................ ............................................................ ............

............................................................ ............................................................ ...........

............................................................ ............................................................ ...........

............................................................ ............................................................ ..........

on the holding (hereinafter referred to as the said holding) in the occupation of

the said............................................................ ..........................................................

the descriptive particulars of which are set forth in the Schedule hereunto annexed:

NOW WE the Commissioners in pursuance of the power and authority vested in US by the said Act by this OUR ORDER do ORDER and DECLARE that a

loan of............................................................  pounds shall be made and issued to the said

............................................................ ............................................................ ................

subject to the provisions of the said Act and in accordance with the Regulations made thereunder by the Minister for Finance.

AND WE DO FURTHER ORDER that the said loan of...............................................

.........................................pounds and interest thereon at the rate of...................................

pounds per cent. shall be and is hereby charged on the said holding.

IN WITNESS WHEREOF We the Commissioners have hereunto and to a Duplicate hereof caused our Common Seal to be affixed this..................................................day

of................................. One Thousand Nine Hundred and Thirty......................................

THE SCHEDULE TO WHICH THE FOREGOING CHARGING ORDER

REFERS.

Descriptive particulars of the holding charged by the foregoing Charging Order.