S.I. No. 314/1948 - Health (Compulsory Acquisition of Land) Regulations, 1948.

S.I. No. 314 of 1948.

HEALTH (COMPULSORY ACQUISITION OF LAND) REGULATIONS, 1948.

The Minister for Health, in exercise of the powers conferred on him by the Health Act, 1947 (No. 28 of 1947) hereby makes the following Regulations:

1 Definitions.

1. In these Regulations, the expression " the Act " means the Health Act, 1947 (No. 28 of 1947).

2 Prescribed forms for compulsory acquisition of land.

2. The forms set forth in the Schedule to these Regulations shall be the prescribed forms for the purposes of Part VIII of the Act and shall be used for the purposes for which they are respectively expressed to be applicable.

3 Prescribed conditions for maps.

3. The map by reference to which the lands to which a compulsory acquisition order under the Act relates are required to be described shall comply with the following conditions :—

(1) The map shall be upon a scale of not less than one inch to every 220 feet, and unless the whole of such map shall be upon a scale of not less than one inch to every 100 feet an enlarged map shall be added of any building, yard, or garden upon a scale of not less than one inch to every 100 feet.

(2) Each field, enclosure, road, passage, house, building, stream, well or spring, which is to be taken, wholly or in part, shall be clearly shown on the map and coloured pink thereon, with fences of the lands abutting thereon accurately indicated and with the areas to be taken marked in acres, roods and perches, statute measure, and clearly defined by boundaries.

(3) Each separate parcel of land or property of any kind shall be indicated and marked on the map by a distinctive number corresponding to a number assigned to such property in the schedule to the compulsory acquisition order.

(4) The map shall show all townland boundaries, so far as they intersect or closely adjoin the lands scheduled in the compulsory acquisition order, and either (a) in respect of each scheduled parcel of land in a rural area, the names of the townland, district electoral division, electoral area, and county ; or (b) in respect of eachscheduled parcel of land in a municipal area, the electoral area, parish, street and number

(5) The scale of the map shall be clearly marked thereon and the points of the compass and a portion of any closely adjoining street or road shown, with the name thereof, or with words indicating the towns or villages to or from which the street or road leads.

(6) The map shall be sealed with the seal of the health authority, duly authenticated, and shall be marked by endorsement thereon of the short title of the compulsory acquisition order to which it relates.

4 Citation.

4. These Regulations may be cited as the Health (Compulsory Acquisition of Land) Regulations, 1948.

SCHEDULE.

PRESCRIBED FORMS.

FORM A.—FORM OF COMPULSORY ACQUISITION ORDER.

HEALTH ACT, 1947 .

Whereas the (a)............................................................ ............................................................ .. (hereinafter referred to as " the local authority ") in the exercise and performance of their powers and duties under the Health Act, 1947 , require to take compulsorily the lands described in the Schedule hereto for the purpose (b)............................................................ ............................................................ ......................................

Now therefore the local authority in pursuance of the Health Act, 1947 (and Section 82 of the Local Government Act, 1946 ) (c) do hereby make the following order:

1. The local authority are hereby authorised to acquire compulsorily for the purpose aforesaid under the said Act and the Acts incorporated therewith, the lands described in the Schedule hereto which lands are coloured pink on the map marked (d)............................................................ ...................................................... sealed with the common seal of the local authority and deposited at (e)............................................................ ............................................................ .....................................................

2. This Order may be cited as the............................................................ ......... Compulsory Acquisition Order, 19................

SCHEDULE ABOVE REFERRED TO.

Number of lands on map deposited at (e)

Quantity, description and situation of the lands

Owners or reputed owners

Lessees or reputed lessees

Occupiers

Given under the Common Seal of the (a)................................... this...............................day of......................................................19......, in the presence of:

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

Directions for filling up this form.

(a) Name of health authority.

(b) Purpose for which lands are proposed to be acquired.

(d) Prescribed marking of map.

(e) Place of deposit of map.

FORM B.—FORM OF ADVERTISEMENT OF MAKING OF COMPULSORY, ACQUISITION ORDER.

HEALTH ACT, 1947 .

Notice is hereby given that the (a)............................................................ .............................. in the exercise and performance of their powers and duties under the Health Act, 1947 , made on the..................................day of........................................................... 19.................., a compulsory acquisition order entitled (b)............................................................ ............................................................ ......................... which will be submitted for confirmation by the Minister for Health, authorising them to acquire compulsorily for the purpose (c)............................................................ ............................................................ ..............................the lands described in the Schedule hereto.

The said Order and the map referred to therein have been deposited at (d)............................................................ ............................................................ .................................... and may be inspected thereat at all reasonable hours.

SCHEDULE.

(Here insert description of the lands comprised in the Order.)

Dated this..................day of............................................................ ..19.............

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

Manager.

Directions for filling up this form :—

(a) Name of health authority.

(b) Short title of order.

(d) Place of deposit of order and map.

Form C.—FORM OF NOTICE TO OWNERS OR REPUTED OWNERS, LESSEES OR REPUTED LESSEES AND OCCUPIERS OF THE MAKING OF A COMPULSORY ACQUISITION ORDER.

HEALTH ACT, 1947 .

To (a)............................................................ ............................................................ ...................................

(Owner or reputed owner. Lessee or reputed lessee. Occupier).

of (b)............................................................ ............................................................ ..................................

TAKE NOTICE that the (c)............................................................ ............................ in the exercise and performance of their powers and duties under the Health Act, 1947 , on the..........................day of......................................., 19............., made a compulsory acquisition order entitled (d)............................................................ ......................................................which is about to be submitted for confirmation by the Minister for Health, authorising them to acquire compulsorily for the purpose of (c)............................................................ ...................................................the lands described in the Schedule hereto.

The said Order and the map referred to therein have been deposited at (f)............................................................ ............................................................ ............... and may be inspected thereat at all reasonable hours.

Any person aggrieved by such Order may object thereto by sending an objection in writing stating the grounds thereof to the Minister for Health, Dublin, before the (g)............day of............................................................ ., 19.................

The Health Act, 1947 , provides that if no such objection has been duly made or if every such objection has been withdrawn or if in the opinion of the Minister every such objection relates only to compensation the Minister may, as he shall think proper, refuse to confirm the order or confirm it with or without modification, but if an objection (other than an objection which in the opinion of the Minister relates only to compensation) has been duly made and has not been withdrawn the Minister shall cause an inquiry to be held and after consideration of the report of the person who held the inquiry and of the objection or objections which occasioned the holding thereof, may, as he thinks proper, either refuse to confirm the Order or confirm it with or without modification.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this............day of....................................,19.............

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

Manager.

Directions for filling up this form.

(a) Name of person to whom notice is given.

(b) Address of person.

(d) Short title of Order.

(e) Purpose for which lands are proposed to be acquired.

(f) Place of deposit of order and map.

(g) Here insert a date not less than fourteen days from the service of the notice.

FORM D.—FORM OF ADVERTISEMENT OF NOTICE OF CONFIRMATION OF COMPULSORY ACQUISITION ORDER.

HEALTH ACT, 1947 .

(a)............................................................ ..............................................Compulsory Acquisition Order, 19............

NOTICE is hereby given that the Minister for Health in pursuance of the powers vested in him by the above-mentioned Act, on the........................... day of.........................................., 19.........., confirmed (without modification) (with modification) an Order entitled as above-mentioned submitted to him by the (b)............................................................ .................................... authorising them to acquire compulsorily for the purpose of (c)............................................................ the lands described in the Schedule hereto.

A copy of the said Order as so confirmed by the Minister for Health, and the map referred to therein have been desposited at (d).......................................and may be inspected thereat at all reasonable hours.

Any person who or whose property is affected by the Order may within three weeks after the first publication by advertisement of this notice apply to the High Court for the complete or partial annulment of the Order, and the Court, if satisfied that the Order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by The act or that such or any other person has been substantially prejudiced by any failure to comply in relation to the Order with the provisions of The act, may as it shall think proper annul the Order either in whole or in part.

If no such application is made to the High Court the Order will come into operation on the expiration of three weeks from the first publication by advertisement of this notice.

If any such application is made to the High Court, the Order, in so far as it is not annulled by the High Court, will come into operation on the final determination of the application to the High Court.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this..........................day of.....................................................,19.............

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

Manager.

Directions for filling up this Form :

(a) Short title of Order.

(b) Name of health authority.

(d) Place of deposit of order and map.

FORM E.—FORM OF NOTICE TO OBJECTOR WHO APPEARED AT INQUIRY OF CONFIRMATION OF COMPULSORY ACQUISITION ORDER.

HEALTH ACT, 1947 .

The (a)............................................................ ...........................Compulsory Acquisition Order, 19...................

To (b)............................................................ ......................of............................................................ ........................

TAKE NOTICE that the Minister for Health in pursuance of the powers vested in him by the above-mentioned Act on the............................................day of...................................., 19......, confirmed (without modification) (with modification) the above-mentioned Order submitted to him by the (c) ............................................................ ............................................................ ........ authorising them to acquire compulsorily for the purpose of (d)................................... the lands described in the Schedule to the said Order.

A copy of the said Order as so confirmed by the Minister for Health, and the map referred to therein have been deposited at (e)............................................................ ................... and may be inspected thereat at all reasonable hours.

Any person who or whose property is affected by the Order may within three weeks after the first publication by advertisement of the notice of the confirmation of the Order by the Minister, apply to the High Court for the complete or partial annulment of the Order, and the Court, if satisfied that the Order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by the Act or that such or any other person has been substantially prejudiced by any failure to comply in relation to the Order with the provisions of the Act, may as it shall think proper annul the Order either in whole or in part.

If no such application is made to the High Court, the Order will come into operation on the expiration of three weeks from the first publication by advertisement of the notice of the confirmation of the Order by the Minister.

Dated this............day of..................................................., 19............

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

Manager.

Directions for filling up this Form :

(a) Short title of Order.

(b) Name and address of objector.

(d) Purpose for which lands are proposed to be acquired.

(e) Place of deposit of order as confirmed and map.

GIVEN under the Official Seal of the Minister for Health this Twenty-eighth day of September. One Thousand Nine Hundred and Forty-eight.

(Sgd.) NOEL C. BROWNE,

Minister for Health.