No. 38/1925:

DUBLIN RECONSTRUCTION (EMERGENCY PROVISIONS) (AMENDMENT) ACT, 1925

ARRANGEMENT OF SECTIONS

1 The Principal Act.

2 Advancement of time for exercise of powers under section 7 of Principal Act.

3 Sales under section 7 of Principal Act.

4 Temporary right of deduction of rates from rent.

5 Meaning of "Lands Clauses Acts" in Schedule to Principal Act.

6 Short title, construction, and citation.

AN ACT TO AMEND THE DUBLIN RECONSTRUCTION (EMERGENCY PROVISIONS) ACT, 1924 .

[16th July, 1925.

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

1.—In this Act the expression "the Principal Act" means the Dublin Reconstruction (Emergency Provisions) Act, 1924 (No. 24 of 1924).

2.—(1) Notwithstanding anything to the contrary contained in sub-section (1) of section 7 of the Principal Act, the powers conferred on the Minister by that sub-section, as amended by this Act, may be exercised at any time after the expiration of three months from the passing of this Act.

(2) This section shall not apply to or affect the construction or operation of sub-section (4) of the said section 7 of the Principal Act.

3.—Every sale and conveyance of a site by the Corporation under sub-section (1) of section 7 of the Principal Act shall include the benefit of either (as the case may be)—

( a ) so much of any decree for compensation under the Acts relating to compensation for criminal injuries as awards compensation to which is attached a full reinstatement condition within the meaning of the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923) in relation to such site, or

( b ) so much of any report made by a judge under section 15 of the said Damage to Property (Compensation) Act, 1923 , as relates to a sum to which on payment thereof a full re-instatement condition within the meaning of that Act in relation to the site is attached by the Minister for Finance.

4.—(1) Where any person is at any time during the period from the 1st day of April, 1924, to the 31st day of March, 1926, the tenant of the whole or any part of a building or house to which section 9 of the Principal Act applies under a lease or contract of tenancy made before the destruction of such building or house and under which the landlord contracted to pay any local rate on such building or house or the land on which the same stood or on the part of such building, house, or land the subject of such lease or contract, such person shall, whether such lease or contract was or was not contrary to the provisions of sub-section (2) of section 52 of the Local Government (Ireland) Act, 1898, be entitled and be deemed always to have been entitled to deduct from any rent payable under such lease or contract in respect of any time after the 31st day of March, 1924, a sum equal to the amount of any such local rate which, but for the destruction of such building or house and the provisions of the said section 9, would have been assessed on such building, house, or land or the said part thereof in respect of any part of the said period, and would have been payable by the landlord under such lease or contract.

(2) Where any person has before the passing of this Act paid to his landlord any rent from which he would if this Act had been in force have been entitled under this section to make a deduction without making such deduction, and is for any reason unable to make such deduction from rent payable after the passing of this Act to the same landlord, such person may recover the amount of such deduction from such landlord as a simple contract debt.

5.—The Schedule to the Principal Act shall be construed and have effect and shall be deemed always to have had effect as if the expression " Lands Clauses Acts " was defined in paragraph 10 thereof as including the Acquisition of Land (Assessment of Compensation) Act, 1919, as well as the Acts mentioned in the said paragraph.

6.—(1) This Act may be cited as the Dublin Reconstruction (Emergency Provisions) (Amendment) Act, 1925 , and shall be construed as one with the Principal Act.

(2) The Principal Act and this Act may be cited together as the Dublin Reconstruction (Emergency Provisions) Acts, 1924 and 1925.