S.I. No. 243/1950 -- Department of Local Government. Housing (Amendment) Act, 1950. Housing (Reconstruction Grants) Regulations, 1950.
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S.I. No. 243/1950: DEPARTMENT OF LOCAL GOVERNMENT. HOUSING (AMENDMENT) ACT, 1950. HOUSING (RECONSTRUCTION GRANTS) REGULATIONS, 1950. |
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DEPARTMENT OF LOCAL GOVERNMENT. HOUSING (AMENDMENT) ACT, 1950. HOUSING (RECONSTRUCTION GRANTS) REGULATIONS, 1950. |
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The Minister for Local Government in exercise of the powers vested in him by Section 8 of the Housing (Amendment) Act, 1950 , and in exercise of every other power enabling him in this behalf hereby makes the following Regulations :-- |
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1. These Regulations may be cited as the Housing (Reconstruction Grants) Regulations, 1950. |
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2. In these Regulations :-- |
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the expression " the Minister " means the Minister for Local Government ; |
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the expression " the Act " means the Housing (Amendment) Act, 1950 ; |
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the word " house " means a dwelling in respect of which a grant is applied for under Section 8 of the Act ; |
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the expression " the surveyor " means an officer appointed by the housing authority with the approval of the Minister for the purposes of these Regulations. |
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3. The procedure set out in Schedule I to these Regulations shall be complied with by the person proposing to reconstruct or reconstructing a house, by the housing authority and by the surveyor. |
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4. The forms set out in Schedule II to these Regulations or forms to the like effect varied as circumstances may require, shall be prescribed forms and shall be used for the purposes for which they are respectively expressed to be applicable in relation to the reconstruction of a house. |
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5. Materials and appliances manufactured or produced in Ireland shall be used as far as possible in the reconstruction of a house. |
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6. Where a house is to contain or be connected with a shop or business premises, a certificate of approval shall not be granted in respect thereof unless such shop or business premises has a distinct and separate entrance. |
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7. No grant shall be made in respect of the reconstruction of a house unless such house is certified by the surveyor or, on appeal, by the Minister to be suitable for reconstruction. |
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8. No grant shall be made in respect of the reconstruction of a house unless such house is certified by the surveyor or, on appeal, by the Minister to be suitable for occupation by persons of the working classes. |
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9. Payment of the grant shall not be made until the reconstruction shall have been certified by the surveyor or, on appeal, by the Minister to have been completed in a proper and workmanlike manner. |
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10. Any person aggrieved by the neglect or refusal of a surveyor to give a certificate required by these Regulations may appeal to the Minister and on such appeal the Minister may, as he shall think proper, give or refuse such certificate and the decision of the Minister on such appeal shall be final. |
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11. Any doubt, dispute or question which may arise as to the interpretation of these Regulations and as to the making or the amount of a grant in respect of any house shall be determined by the Minister and such determination shall be final. |
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GIVEN under the Official Seal of the Minister for Local Government this Fifteenth day of September, One Thousand Nine Hundred and Fifty. |
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MICHAEL J. KEYES, |
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Minister for Local Government. |
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The Minister for Finance hereby consents to the foregoing Regulations. |
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J. J. McELLIGOTT, |
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for Minister for Finance. |
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SCHEDULE I. |
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PROCEDURE WHICH MUST BE FOLLOWED IN REGARD TO THE RECONSTRUCTION OF HOUSES. |
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1. A person proposing to reconstruct a house in his occupation shall submit the following documents to the housing authority :-- |
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(a) a description of the work to be carried out with a sketch plan of any structural alterations or additions proposed ; |
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(b) a specification showing how the proposed reconstruction is to be carried out ; |
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(c) a detailed statement of the estimated cost of such reconstruction ; |
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(d) particulars of the applicant's occupation, employment or means of livelihood ; |
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(e) an undertaking in writing that throughout the reconstruction of the house, rates of wages will be paid and conditions of labour observed at least as advantageous to the persons employed in such reconstruction as the appropriate rates of wages and conditions of labour generally recognised from time to time by trade unions in the area during the period beginning with the commencement of such reconstruction and ending with the completion of the work. |
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2. On receipt of such documents, the housing authority shall cause them to be examined. If, after such examination, a certificate in the terms of Form A prescribed by these Regulations can be given, the said certificate shall be completed by the housing authority and copies thereof issued to the person concerned and to the Minister. The housing authority shall then cause the house to be inspected by a surveyor. |
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3. If, after such inspection, the surveyor is satisfied he shall prepare and deliver to the housing authority a certificate in the terms of Form B prescribed by these Regulations certifying that the house is suitable for reconstruction and approving of the proposed reconstruction. One copy of the certificate shall be issued to the person concerned, one copy shall be retained by the housing authority and one copy shall be issued to the Minister. The person concerned and the Minister shall at the same time be informed of the amount of the grant, if any, which housing authority will, subject to the Act and these Regulations, be prepared to make in respect of the satisfactory completion of the reconstruction referred to in the said certificate. |
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4. If, on receipt of the said Forms A and B, the Minister is satisfied that the proposed reconstruction is necessary in order to prolong the life of the house or to arrest or prevent deterioration or that it will substantially improve the amenities of the house, he shall notify the housing authority and the person concerned of the amount of the grant which he will be prepared, subject to the Act and these Regulations, to make in respect of the satisfactory completion of the reconstruction referred to in the said Forms A and B. |
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5. When the reconstruction of a house has been completed, the person concerned shall apply to the housing authority in Form C for the grant payable. The certificates of approval issued to him in Forms A and B shall accompany such application. |
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6. On receipt of such application, the housing authority shall cause the house to be inspected by the surveyor who shall, if satisfied, prepare in Form D and deliver to the housing authority a certificate that the reconstruction has been completed in a proper and workmanlike manner. One copy of the certificate shall be retained by the housing authority and one copy shall be issued to the Minister. |
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7. If and when the housing authority is satisfied that the requirements of the Act and of these Regulations have been complied with in respect of the reconstruction of a house they shall notify the Minister accordingly and shall inform him of the amount of the grant, if any, which they propose to make to the person entitled thereto in respect of such reconstruction. |
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8. If and when the Minister is satisfied that the requirements of the Act and of these Regulations have been complied with in respect of the reconstruction of a house, he may pay a grant in respect of such house, and shall in every case pay the amount thereof to the person entitled thereto and shall notify the housing authority concerned that such grant has been made. |
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9. Where the Minister has paid a grant to any person in respect of a house and the housing authority undertook to make a grant to such person in respect of the house, such housing authority shall thereupon pay such grant to the person entitled thereto and notify the Minister that such grant has been made. |
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SCHEDULE II. |
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FORMS. |
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Form A. Certificate of housing authority of eligibility of applicant for grant. |
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Form B. Certificate of surveyor of suitability and approval of reconstruction. |
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Form C. Application for grant. |
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Form D. Certificate of satisfactory completion. |
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Form A. |
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GRANTS TO PERSONS RECONSTRUCTING HOUSES. |
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Application by............................................................ ..........................for a grant under Section 8 of the Housing (Amendment) Act, 1950 , in respect of the reconstruction of a house at............................................................ ............................................................ ............................................................ ..... |
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1. So far as can be ascertained, the particulars and declarations contained in the documents submitted with this application are accurate and true. |
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2. The applicant is in occupation of the house. |
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3. The applicant is not an agricultural labourer within the meaning of the Labourers Acts or a person who derives his livelihood solely or mainly from the pursuit of agriculture. |
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4. The rateable valuation or the aggregate of the rateable valuations of any land or buildings occupied by the applicant does not exceed twelve pounds. |
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5. (a) No resolution for the making of a town planning scheme has been passed for this area. |
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(b) A special permission has been granted under the Town and Regional Planning Acts, 1934 and 1939 in respect of the works referred to in this application. |
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(c) The works referred to in this application do not contravene the Town Planning Scheme in force in this area. |
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(Delete whichever alternatives do not apply). |
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6. The said works will not contravene the provisions of any bye-laws or local Act. |
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Signed............................................................ .................. |
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(on behalf of the housing authority). |
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Date............................................................ ..................... |
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Form B. |
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Application by............................................................ ...................for a grant under Section 8 of the Housing (Amendment) Act, 1950 , in respect of the reconstruction of a house at............................................................ . |
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This is to certify : |
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That I have approved of the plans, specifications and method of reconstruction proposed, in respect of the house referred to above ; |
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That the house is suitable for reconstruction ; |
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That the house is suitable for occupation by persons of the working classes : |
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That the proposed reconstruction is necessary in order to prolong the life of the house or to arrest or prevent deterioration or that it will substantially improve the amenities of the house ; |
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That I estimate the cost of the said reconstruction at £ |
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Signed............................................................ ........ |
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(Surveyor.) |
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Date............................................................ ............ |
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Form C. |
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Application by............................................................ ...................for a grant under Section 8 of the Housing (Amendment) Act, 1950 , in respect of the reconstruction of a house at............................................................ . |
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I, being the person to whom the attached certificates A. and B. were issued, hereby apply for the grant claimed by me under the Housing (Amendment) Act, 1950 , in respect of the reconstruction of the house referred to in those certificates. |
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The house is in my own occupation. |
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The particulars, specification and plan submitted by me have been followed in the execution of the said reconstruction (save in so far as was permitted by letter of the housing authority dated the.......................................................day of...........................................). |
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The house is not:-- |
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(a) a house where compensation has been awarded under the Damage to Property (Compensation) Acts, 1923 to 1933, in respect of damage to the existing building before reconstruction or compensation has been paid on foot of either a decree or report made under the Damage to Property (Compensation) Acts, 1923 to 1933, or payment has been made on foot of an award made by the Compensation (Ireland) Commission or compensation has been paid or is payable under the Neutrality (War Damage to Property) Act, 1941 ; or |
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(b) a house in respect of which a grant has been made under the Housing (Building Facilities) Acts, 1924, the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or the Housing (Gaeltacht) Acts, 1929 to 1949 ; or |
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(c) a house in respect of which a grant was made under the Housing (Financial and Miscellaneous Provisions) Acts, 1932 to 1950. |
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(Note.--If a previous grant was paid for the erection or reconstruction of the house the appropriate portion of this undertaking should be deleted). |
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In the execution of the said reconstruction rates of wages have been paid and conditions of labour observed at least as advantageous to the persons, employed on the work as the appropriate rates of wages and conditions of labour generally recognised from time to time by trade unions in the area during the period beginning with the commencement of such reconstruction and ending with the completion of the work. |
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Materials and appliances manufactured or produced in Ireland have been used as far as possible in the reconstruction of the house. The cost of the reconstruction has been £ |
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Signed............................................................ |
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Date............................................................ .... |
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Form D. |
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Application by............................................................ ........................for a grant under Section 8 of the Housing (Amendment) Act, 1950 , in respect of the reconstruction of a house at............................................................ |
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This is to certify : |
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That the house referred to above was inspected by me on the..................... day of............................... 195... ; |
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That the reconstruction of the house has been completed in a proper and workmanlike manner and in compliance with the provisions of the Housing (Amendment) Act, 1950 , and the Housing (Reconstruction Grants) Regulations, 1950 ; |
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That the house is occupied by the person who carried out the work of reconstruction and by whom application has been made for a grant in respect of the said reconstruction. |
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Signed........................................................... |
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(Surveyor). |
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Date ............................................................ . |
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