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Power of local authority to inspect and repair injured buildings.
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17.—(1) Whenever a building has suffered (whether before or after the passing of this Act) an injury to which this Act applies, the following provisions shall apply and have effect, that is to say:—
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(a) it shall be lawful for the local authority in whose functional area such building is situate to enter on such building and there do all such things as shall be necessary for the purpose of ascertaining the nature and extent of such injury;
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(b) if such local authority proposes to expend money on the repair of such building under and in accordance with a general or a special authority given by the Minister for Local Government and Public Health, it shall be lawful for such local authority to enter on and so repair such building either with the consent of the occupier thereof or (subject to the next following paragraph of this section) after giving such notice as is hereinafter mentioned;
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(c) such local authority shall not repair such building if, before the expiration of the said notice, the occupier of such building or his immediate landlord undertakes to repair such building;
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(d) the notice hereinbefore referred to shall be in writing and shall state that such local authority will, at the expiration of a specified time (not being less than three days), execute specified repairs to such building unless before such expiration the occupier of such building or his immediate landlord undertakes to repair such building;
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(e) the said notice shall be posted in a prominent position on such building and a copy thereof shall, if the circumstances permit, be given to the occupier of such building and to his immediate landlord;
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(f) notwithstanding anything contained in the foregoing paragraphs, if such local authority are satisfied that temporary repairs to such building are immediately necessary, it shall be lawful for such local authority to carry out such repairs immediately.
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(2) Where before the passing of this Act a building suffered an injury to which this Act applies, any entry made or any act done by a local authority before the passing of this Act in accordance with a general or special authority given by the Minister for Local Government and Public Health for the purpose of ascertaining the nature and extent of such injury or for the purpose of repairing such building shall be and shall be deemed always to have been lawful.
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(3) The expenses incurred by a local authority under this section shall be raised and defrayed in like manner as expenses incurred by such authority under the Public Health Acts, 1878 to 1931, are raised and defrayed.
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(4) Where expenses are incurred under this section by the board of health of a county health district, such expenses shall be charged equally over the whole of such district.
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(5) Where before the passing of this Act, any expenses were incurred by a local authority in making any entry or doing any act rendered lawful by sub-section (2) of this section and such expenses were, in the opinion of the Minister for Local Government and Public Health, properly so incurred, the following provisions shall have effect, that is to say:—
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(a) such expenses shall be deemed to have been incurred under this section and this section shall apply and be deemed always to have applied to such expenses accordingly, and
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(b) if any sum was, at any time either before or after such expenses were incurred, included in any rate in order to defray such expenses, such rate shall not be or be deemed ever to have been invalid or irrecoverable merely by reason of such inclusion.
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(6) A local authority may, for the purpose of defraying expenses incurred by them under this section, borrow under the Public Health Acts, 1878 to 1931, as if such purpose were a purpose for which such authority is authorised to borrow under those Acts, but money so borrowed shall not be reckoned as part of the debt of such authority for the purposes of any limitation on borrowing imposed by those Acts.
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