No. 255/1938:

HOUSING (WORKS IN URBAN AREAS) REGULATIONS, 1938.

HOUSING (WORKS IN URBAN AREAS) REGULATIONS, 1938.

ARRANGEMENT OF ARTICLES.

1. Short Title.

2. Interpretation.

3. Definitions.

4. Application for provisional allocation of grants.

5. Duties of Town Clerk in relation to provisional allocation.

6. Duties of Surveyor in relation to provisional allocation.

7. Provisional allocation of grants by urban authority.

8. Application for provisional allocation after works have been begun.

9. Sending application for provisional allocation to Minister.

10. Provisional allocation by Minister.

11. Application for payment of grant by Minister.

12. Transmission to Minister of application for payment.

13. Undertaking in relation to maximum rents.

14. Payment of grant by Minister.

15. Payment of grant by urban authority.

SCHEDULE.

FORMS.

Form U 1. Application for provisional allocation of grants.

Form U 2. Provisional allocation of a grant by the Minister.

Form U 3. Application to Minister for payment of grant.

Form U 4. Undertaking in relation to maximum rents.

STATUTORY RULES AND ORDERS.

1938. No. 255.

THE HOUSING AND LABOURERS ACT, 1937.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by section 5 of the Housing and Labourers Act, 1937 , and in exercise of every other power enabling him in this behalf hereby makes the following regulations, that is to say:—

1. These regulations may be cited as the Housing (Works in Urban Areas) Regulations, 1938.

2. The Interpretation Act, 1937 , applies to the interpretation of these regulations.

3. In these regulations the following words and expressions shall have the meanings hereby assigned to them, that is to say:—

" The Act " means the Housing and Labourers Act, 1937 ;

" Grant " means a grant made under section 5 of the Act whether by the Minister or by an urban authority;

" The works " means the works executed on a house in an urban area in respect of which a grant is made or applied for;

" The notice " means the notice served under section 19 of the Housing (Miscellaneous Provisions) Act, 1931 , in pursuance of which the works are to be or have been executed;

" The house " means the house on which the works are about to be or have been executed;

" The urban authority " means the urban authority by which the notice was served;

" Major urban authority " means the urban authority of any county borough or of the Borough of Dùn Laoghaire;

" The surveyor " means in relation to the county borough of Dublin, the Dublin City Architect, and in relation to the county borough of Cork, the Cork City Engineer, and in relation to any other urban area, the borough surveyor or the town surveyor (as the case may be) of such urban area.

4. A person having control of a house in an urban area who is required to execute on such house the works specified in a notice served on him after the 18th day of December, 1937, under section 19 of the Housing (Miscellaneous Provisions) Act, 1931 , may apply for the provisional allocation to him of grants in accordance with the following procedure, that is to say:—

(a) he shall prepare and sign an application for such provisional allocation in the form (Form U 1) set forth in the Schedule to these regulations and containing the particulars, declarations and undertakings specified in the said form;

(b) he shall deliver such application to the urban authority together with the following documents that is to say:—

(i) a specification (in duplicate) giving details of the works;

(ii) plans and sections (both in duplicate) of the works to a scale of not less than one inch to eight feet;

(iii) a statement showing in detail the cost of the works.

5. (1) The town clerk of an urban authority to which an application for provisional allocation of grants is delivered under these regulations shall cause the particulars and other statements contained in or accompanying such application to be examined and inquired into, and if after such examination and enquiry he can give a certificate in relation to such application in the terms of Certificate A appearing at the foot of the prescribed form of such application he shall complete and sign the said Certificate A.

(2) If after the examination and inquiry mentioned in the foregoing sub-article the town clerk of an urban authority to which an application for provisional allocation of grants is delivered under these regulations is unable to give the Certificate mentioned in the said sub-article the application shall be returned to the applicant by the town clerk with a statement to that effect.

6. When an application for provisional allocation of grants has been delivered to an urban authority under these regulations and Certificate A has been completed by the town clerk the surveyor shall examine the plans and specifications of the works annexed to such application and shall thereupon complete and sign Certificate B appearing at the foot of such application.

7. (1) Where an application for provisional allocation of grants has been delivered under these regulations to a major urban authority, and Certificate A and Certificate B have been duly completed and signed, the urban authority, after considering such application, may if they so think fit pass a resolution undertaking that in the event of the Minister making to the applicant a grant in respect of the works the urban authority will also make to the applicant a grant in respect of the works of an amount equal to the grant so made by the Minister.

(2) Where an application for provisional allocation of grants has been delivered under these regulations to an urban authority which is not a major urban authority, and Certificate A and Certificate B have been duly completed and signed in accordance with these regulations the urban authority, after considering such application, may if they so think fit pass a resolution undertaking that in the event of the Minister making to the applicant a grant in respect of the works, the urban authority will also make to the applicant a grant in respect of the works and such resolution may provide that the amount of such grant shall be equal to the grant so made by the Minister, or equal to a specified proportion of the grant so made by the Minister.

(3) The passing of a resolution under this article by an urban authority in respect of an application is in these regulations referred to as a provisional allocation of a grant by such urban authority to the applicant.

8. (1) The Minister and the urban authority may make provisional allocations of grants notwithstanding that the works were begun before application for provisional allocation of grants was made if the Minister and the urban authority are of opinion that the failure to make such application before the works were so begun was unavoidable either because the works were begun before the making of these regulations or for some other good and sufficient cause.

(2) Where an application is made under this article for provisional allocation of grants in respect of works which have been completed the undertakings in the prescribed form for such application (Form U 1) set forth in the Schedule to these regulations may be omitted.

(3) Save as is provided under this article no provisional allocation of a grant shall be made or an application made after the works have been begun.

9. (1) When a major urban authority has made a provisional allocation of a grant the town clerk of the urban authority shall send to the Minister the application on which such provisional allocation was made together with the following documents, that is to say:—

(a) one copy of the notice;

(b) one copy of the specification of the works furnished with the application;

(c) one copy of each of the plans and specifications furnished with the application;

(d) one copy of the resolution of the urban authority making such provisional allocation.

(2) When a major urban authority by whom an application for provisional allocation of grants has been received decides not to make a provisional allocation of a grant to the applicant such application shall be returned to the applicant by the town clerk with a statement to that effect.

(3) When an urban authority which is not a major urban authority by whom an application for provisional allocation of grants has been received has decided to make or not to make any such provisional allocation the town clerk of the urban authority shall send such application to the Minister together with the following documents, that is to say:—

(a) one copy of the notice;

(b) one copy of the specification of the works furnished with the application;

(c) one copy of each of the plans and specifications furnished with the application;

(d) a statement signed by the town clerk showing whether the urban authority has or has not made any such provisional allocation, and in the former case a copy of the resolution making such provisional allocation.

10. When an application for a provisional allocation of a grant has been sent by the town clerk of the urban authority to the Minister under these regulations the Minister may, if he thinks fit, make a provisional allocation of a grant in the form (Form U 2 ) set forth in the Schedule to these regulations and transmit a copy of such provisional allocation to the urban authority and the applicant.

11. (1) When the Minister, on an application for provisional allocation of grants made under these regulations has made provisional allocation of a grant, the person by whom such application was made, may, on the completion of the works, make in accordance with this article an application to the Minister for the payment to him of such grant.

(2) Every application to the Minister for payment of a grant shall be made to the Minister in the form (Form U 3) set forth in the Schedule to these regulations and shall be accompanied by the statutory declaration set out in the said form, and shall be sent to the urban authority for transmission to the Minister.

12. When an application to the Minister for payment of a grant is received by an urban authority the following provisions shall have effect, that is to say:—

(a) the surveyor shall examine and inquire into the statements in such application and if after such examination and inquiry he can give a certificate in relation to such application in the terms of the certificate appearing at the foot of the form (Form U 3) of such application set forth in the Schedule to these regulations, he shall complete and sign such certificate;

(b) if the surveyor after such examination and inquiry is unable to give such certificate, the application shall be returned to the applicant with a statement to that effect;

(c) if and when the surveyor has completed and signed such certificate the town clerk of such urban authority shall transmit such application to the Minister.

13. When the Minister has received from an urban authority an application for payment of a grant he may require the applicant as a condition of such payment to enter into an undertaking in the form (Form U 4) set forth in the Schedule to these regulations, in respect of the maximum rent to be charged by the applicant for the house or for each of the separate dwellings forming part of the house after the execution of the works.

14. (1) When the Minister has received from the urban authority in pursuance of these regulations an application for payment of a grant of which a provisional allocation was made by the Minister the following provisions shall have effect, that is to say:—

(a) if the Minister is of opinion that the works have been duly executed in accordance with the particulars and undertakings annexed to the application for such provisional allocation (in this article referred to as " the first application ") and that the cost of the works was not less than the amount mentioned in the first application, the Minister, subject to the next following article, may pay to the applicant the full amount of such grant;

(b) if the Minister is of opinion that the works have been executed but that the amount of such grant should be reduced or that such grant should be withdrawn because, in the opinion of the Minister, any of the particulars or undertakings annexed to the first application have not been complied with in such execution or the actual cost of the works is less than the amount mentioned in the first application the Minister may pay to the applicant such portion of such grant as the Minister thinks proper or may refuse to pay any portion of such grant.

(2) Save in accordance with this article no payment of a grant shall be made by the Minister.

15. (1) When the Minister has paid to any person any grant under the foregoing article and the urban authority on the application for a provisional allocation of grants as a result of which such payment is made, undertook to make a grant to such person in respect of the works in the event of the Minister making such a grant, such person may apply to the urban authority for payment of such grant in accordance with such undertaking.

(2) Save on an application made under this article no payment of a grant shall be made by an urban authority to any person.

SCHEDULE.

FORMS.

FORM U 1.

HOUSING AND LABOURERS ACT, 1937 .

SECTION 5.

APPLICATION FOR PROVISIONAL ALLOCATION OF GRANTS.

PART I.

PARTICULARS.

6. Table showing particulars and rents of every existing dwelling in the house and particulars and proposed maximum rents of every dwelling forming part of the house after the execution of the works.

PART II.

DECLARATIONS.

I............................................................ ..............of .........................................hereby declare as follows, that is to say;—

1. I have read over the particulars set out in Part I of this application and these particulars are correct to the best of my knowledge and belief.

2. No grant has been made in respect of the house in respect of which this application is made under either

(a) the Housing (Building Facilities) Act, 1924 , or

(b) the Housing Acts, 1925 to 1930, as amended by the Housing (Miscellaneous Provisions) Act, 1931 , or

(c) the Housing (Financial and Miscellaneous Provisions) Act, 1932 , as amended by any subsequent enactment including the Housing and Labourers Act, 1937 , or

(d) the Housing (Gaeltacht) Acts, 1929 and 1934.

3. The house was not erected in accordance with a reinstatement condition within the meaning of Section 10 of the Damage to Property (Compensation) Act, 1923 .

4. The house was not erected on or on any part of the site of a building in respect of the destruction of which

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

(b) payment has been made on foot of an award made by the Compensation (Ireland) Commission.

5. The house is not a reconstructed house where in respect of damage to the building before such reconstruction—

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

(b) payment has been made on foot of an award made by the Compensation (Ireland) Commission.

Signed.....................................................

PART III.

UNDERTAKINGS.

I............................................................ .......of.....................................................hereby enter into the following undertakings, that is to say:—

1. I undertake that throughout the execution of the works in respect of which this application is made, rates of wages will be paid and conditions of labour observed at least as advantageous to any persons employed on such execution as the appropriate rates of wages and conditions of labour generally recognised by trade unions at the commencement of such works.

2. I undertake that materials and appliances produced or manufactured in Ireland will be used so far as is reasonably possible in the said works, and that subject always thereto the plans and specifications attached to this application will not be departed from without the permission in writing of the urban authority.

PART IV

APPLICATION.

I..................................................of............................................................ ..........being a person having control of the house mentioned in Part I of this application upon whom notice has been served under Section 19 of the Housing (Miscellaneous Provisions) Act, 1931 , by the urban authority mentioned in the said Part I, do hereby apply to the Minister and the said urban authority for provisional allocation of grants in respect of the works specified in such notice.

Signed.........................................................

Date............................................................ ..

CERTIFICATE A.

(To be signed by the Town Clerk.)

1. I have read this application and so far as I can ascertain the particulars and declarations contained therein are accurate and true.

2. Alternatives I. No resolution for the making of a planning scheme has been passed for this urban area.

II. A.....................................................permission has been granted under the Town and Regional Planning Act, 1934 , in respect of the works referred to in this application.

III. The works referred to in this application do not contravene the planning scheme in force in this area.

3. The said works will not contravene the provisions of any bye laws or local Act.

4. The said works were specified in a notice served under Section 19, Housing (Miscellaneous Provisions) Act, 1931 , on the ................. day of ..................... 19.........

Signed.....................................................

Town Clerk.

CERTIFICATE B.

(To be signed by the Surveyor.)

I hereby certify that I have examined the plans and specifications of the works in respect of which this application is made and that I do (not) approve of the said plans and specification and that I estimate the cost of the said works at .................. pounds.

Signed.....................................................

Borough (Town) Surveyor.

Date.....................................................

FORM U 2.

HOUSING AND LABOURERS ACT, 1937 —SECTION 5.

PROVISIONAL ALLOCATION OF A GRANT BY THE MINISTER.

WHEREAS....................................................of.....................................................on the..............................day of.....................................................applied to the Minister for Local Government and Public Health (hereinafter referred to as "the Minister") and to the .............................. (hereinafter referred to as "the urban authority") for the provisional allocation of grants under the above-mentioned section in respect of works on a house at .................................... in the.....................................................

[AND WHEREAS the urban authority has undertaken that in the event of a grant being made by the Minister a grant will also be made by the urban authority of an amount equal to (one..................th of) the grant so made by the Minister.]

NOW this is to certify that the Minister has decided to make on the said application a provisional allocation of a grant of £..............................

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

Secretary.

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

Date.

Department of Local Government

and Public Health.

FORM U 3.

APPLICATION TO MINISTER FOR PAYMENT OF GRANT.

I, the above-named applicant, do solemnly and sincerely declare as follows, that is to say;—

1. The works which were the subject of the above-mentioned provisional allocation were completed on the .................. day of.....................................19   .

2. The particulars, specifications and plans accompanying my application for the said provisional allocation have been followed in the execution of the said works.

(Save in so far as was permitted by letter of the urban authority dated the .................. day of ....................................)

3. The cost of the works has been £  s.  d.

4. In the execution of the said works rates of wages have been paid and conditions of labour observed at least as advantageous to any persons employed on such execution as the appropriate rates of wages and conditions of labour generally recognised by trade unions at the commencement of such works.

5. Materials and appliances produced or manufactured in Ireland have been used so far as was reasonably possible in the said works.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1835.

I, the above-named applicant hereby apply to the Minister for payment of the grant particulars of which are set out above.

Signed.......................................................

CERTIFICATE OF SURVEYOR.

I have examined the statements included in this application and so far as I can ascertain they are accurate and true.

Signed.....................................................

Borough (Town) Surveyor.

FORM U. 4.

UNDERTAKING IN REGARD TO MAXIMUM RENTS.

I, the above-named applicant, as a condition of receiving a grant under Section 5 of the Housing and Labourers Act, 1937 , in respect of works executed on the above-mentioned house do hereby undertake that the rents to be charged by me for (the separate dwellings forming part of) the said house shall not exceed the following, that is to say;—

Signed............................................................ ................

Given under the Official Seal of the Minister for

Local Government and Public Health this

20th day of October, One Thousand Nine

Hundred and Thirty-eight.

(Sighnithe) SEÁN T. O'CEALLAIGH,

Minister for Local Government and Public Health.