S.I. No. 26/1938 - The Housing (Financial and Miscellaneous Provisions) Act, 1932.

STATUTORY RULES AND ORDERS. 1938. No. 26.

THE HOUSING (FINANCIAL AND MISCELLANEOUS PROVISIONS) ACT, 1932.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

WHEREAS in pursuance of section 14 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 , the Minister for Local Government and Public Health did by Order under his Official Seal bearing date the 13th day of October, 1932, entitled the Housing (Loan Charges Contributions) Regulations, 1932, make certain regulations with respect to the payment of contributions under section 6 of the said Act towards the annual loan charges incurred by local authorities in respect of money borrowed by them for the provision under the Housing of the Working Classes Acts, 1890 to 1931, and the Labourers Acts, 1883 to 1931, of houses, cottages or housing accommodation to which the said section 6 of the said Act applies:

AND WHEREAS it is expedient to amend the said Housing (Loan Charges Contributions) Regulations, 1932, in manner hereinafter appearing:

NOW THEREFORE, the Minister for Local Government and Public Health in exercise of the powers vested in him by section 14 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 , does by this his Order make the following regulations, that is to say:—

1. These regulations may be cited as the Housing (Loan Charges Contributions) (Amendment) Regulations, 1938, and shall be read and construed as one with the Housing (Loan Charges Contributions) Regulations, 1932, and may be cited together therewith as the Housing (Loan Charges Contributions) Regulations, 1932 and 1938.

2. The Housing (Loan Charges Contributions) Regulations, 1932, shall be and are hereby amended as follows, that is to say:—

(1) Sub-paragraph (7) (a) (i) of Article 4 of the said Regulations shall be amended by the substitution therein of the words "rents received" for the words "rents accrued".

(2) Sub-paragraph (5) of Article 4 of the said Regulations shall be amended by the deletion of the words from "and in the allocation" to the end of the said sub-paragraph.

(3) The following new sub-paragraph shall be inserted in Article 4 of the said Regulations after sub-paragraph (5) thereof:—

(5A) The local authority shall satisfy the Minister that on the occasion of the first or any subsequent letting of the houses the following preferences shall, wherever practicable, have been given by them:—

(i) Where the houses have been provided for the accommodation of persons displaced by any operation of the local authority under the Housing of the Working Classes Acts, 1890 to 1931, a first preference to such of the applicants for the houses as are persons who have been or are about to be displaced as aforesaid and are members of the special class; and then a preference to such of the applicants for the houses as are persons who have been or are about to be displaced as aforesaid and who are or would be otherwise without suitable accommodation;

(ii) Where the houses have not been provided for the accommodation of persons displaced by any operations of the local authority under the Housing of the Working Classes Acts, 1890 to 1931, or if, so provided, there are no applicants for the houses who are persons displaced or are about to be displaced as aforesaid then a preference to such of the applicants as are members of the special class.

(iii) Where the houses have been provided under the Labourers Acts, 1883 to 1931, otherwise than in pursuance of a scheme founded on representations made under these Acts, a first preference to such of the applicants for the houses as are members of the special class; a second preference to such of the said applicants as are persons (not being members of the special class) with families who are living in houses which have been condemned as being unfit for human habitation; and then a third preference to such of the said applicants as are persons with families whose existing accommodation is insufficient: provided always that in determining the relative order of preference amongst a class of applicants to whom a preference in the letting of the houses is hereinbefore required to be given, the local authority shall consider and have regard to a report to be obtained from the appropriate medical officer of health as to the existing housing accommodation of each such applicant and as to the degree of urgency of his need for alternative Accommodation.

(iv) Where the houses have been provided under the Labourers Acts, 1883 to 1931, in pursuance of a scheme founded on representations made under those Acts, if the houses are not let to persons who signed on their own behalf such representations or on whose behalf such representations were made, the like preferences and in the like manner as are hereinbefore required to be given in the case of houses not so provided under the said Acts.

(v) For the purposes of the foregoing provisions of this sub-paragraph the expression "special class" shall mean persons with families living in one-roomed dwellings where either—

(a) One or more members of the family is or are suffering from tuberculosis; or

(b) one or more members of the family exclusive of the parents, has or have attained the age of sixteen years; or

(c) the dwelling has been condemned as being unfit for human habitation.

(4) Sub-paragraph (b) (ii) of Article 5 of the said Regulations shall in its application to a scheme for the provision of houses, the expenses of which are defrayed out of monies borrowed—

(a) from the Local Loans Fund with the sanction of the Minister for Finance given on or after the 13th day of September, 1937; or

(b) from any other source with the sanction of the Minister given on or after the 13th day of September, 1937;

have effect with the substitution of the sum of £350 for the sum of £300 therein specified.

Given under the Official Seal of the Minister

for Local Government and Public Health,

this fifteenth day of February, One

Thousand Nine Hundred and Thirty-

eight.

(Sighnithe) SEÁN T. O'CEALLAIGH,

Minister for Local Government and Public Health.