S.I. No. 185/1959 - Housing (Gaeltacht) (General) Regulations, 1959.

S.I. No. 185 of 1959.

HOUSING (GAELTACHT) (GENERAL) REGULATIONS, 1959.

I, GERALD BARTLEY, Minister for the Gaeltacht, in exercise of the powers conferred on me by—

(a) subsection (1) of section 16 of the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), as amended by subsection (3) of section 3 of the Housing (Gaeltacht) (Amendment) Act, 1953 (No. 6 of 1953), and subsection (10) of section 8 of the Housing (Gaeltacht) (Amendment) Act, 1959 (No. 16 of 1959), and

(b) The Gaeltacht (Transfer of Departmental Administration and Ministerial Functions) Order, 1956 ( S.I. No. 257 of 1956 ),

hereby make the following regulations :

1. (1) These Regulations may be cited as the Housing (Gaeltacht) (General) Regulations, 1959.

(2) These Regulations shall be construed as one with the Housing (Gaeltacht) (General) Regulations, 1931 to 1953.

(3) The Housing (Gaeltacht) (General) Regulations, 1931 to 1953, and these Regulations may be cited together as the Housing (Gaeltacht) (General) Regulations, 1931 to 1959.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations—

" the Acts " means the Housing (Gaeltacht) Acts, 1929 to 1959 ;

" the Act of 1929 " means the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929) ;

" the Act of 1959 " means the Housing (Gaeltacht) (Amendment) Act, 1959 (No. 16 of 1959) ;

" the Minister " means the Minister for the Gaeltacht.

4. Article 4 of and the Schedule to the Housing (Gaeltacht) (General) Regulations, 1953 ( S.I. No. 270 of 1953 ) are hereby revoked.

5. Every application for a building grant or loan, an improving grant or loan or a sanitation grant shall be made in Form No. 1B in the Schedule to these Regulations.

6. Every application for a special extension grant or loan or a holiday chalet building grant or loan shall be made in Form No. 1C in the Schedule to these Regulations.

7. The Minister may require from an applicant for any of the following grants—

(a) a building grant under subsection (1) of section 3 of the Act of 1929, the limits for which are increased by subsection (1) of section 2 of the Act of 1959.

(b) an improving grant under subsection (2) of section 3 of the Act of 1929, the limits for which are increased by subsection (2) of section 2 of the Act of 1959,

(c) a sanitation grant under subsection (5) (as inserted by subsection (1) of section 3 of the Act of 1959) of section 3 of the Act of 1929,

(d) a special extension grant under subsection (6) (as inserted by subsection (1) of section 3 of the Act of 1959) of section 3 of the Act of 1929,

a statutory declaration under the Statutory Declarations Act, 1938 (No. 37 of 1938), as to the date on which work commenced.

8. (1) Every room in respect of which a special extension grant is made shall, where the grant is the maximum which may be sanctioned under the Acts, have a minimum floor space, measured within the containing walls, of—

(a) where the maximum grant is £100—110 square feet, or

(b) where the maximum grant is £80—80 square feet.

(2) Every room in respect of which a special extension grant is made shall, where the grant is less than the maximum which may be sanctioned under the Acts, have a minimum floor space measured within the containing walls, of such area as shall be approved in writing by an inspector having regard to the amount of the grant and the suitability of the accommodation being provided.

9. Every bathroom for which a sanitation grant under the Acts is made shall have a floor space of such area as shall be approved in writing by an inspector having regard to the amount of the grant and the suitability of the accommodation being provided.

10. Every bathroom for which a sanitation grant under the Acts is made shall be provided with a window or windows of which the glass area or the aggregate glass area is not less than one tenth of the floor area.

11. Every window of a bathroom for which a grant is made under the Acts shall be so constructed as to be capable of providing adequate ventilation to the satisfaction of an inspector.

12. The lay out and fittings of every bathroom for which a grant is made under the Acts shall be as approved by an inspector.

13. Every hot water supply to a bathroom for which a grant is made under the Acts shall be installed according to a plan sanctioned in writing by an inspector.

14. A sanitation grant in respect of the improvement of either or both of the following, namely, a water supply and a sewerage system shall not be made during the period of seven years following the making of any sanitation grant in respect of the same dwelling house.

15. A sanitation grant, a special extension grant or a holiday chalet building grant may be paid in not more than two instalments.

16. A hostel building grant may be paid in not more than three instalments, the first of which may be paid when the building has been roofed, the second when the building is completed and the third when the hostel has been furnished and equipped to the satisfaction of the Minister

17. Every holiday chalet for which assistance under the Acts is sanctioned shall as regards the design and construction thereof, be erected in accordance with either—

(a) a standard plan,

(b) a standard plan with deviations sanctioned in writing by an inspector, or

(c) a plan approved of in writing by an inspector.

18. Every holiday chalet or hostel towards the erection of which a grant or loan is made under the Acts shall be so designed that every room thereof is provided with a window or windows of which the glass area or the aggregate glass area is not less than one tenth of the floor area of each room.

19. Every window of a holiday chalet or hostel towards the erection of which a grant or loan is made under the Acts shall be so constructed as to be capable of providing adequate ventilation to the satisfaction of an inspector.

20. Every holiday chalet or hostel towards the erection of which a grant or loan is made under the Acts shall be erected on such site as shall be directed or approved of by an inspector.

21. Every holiday chalet and hostel towards the erection of which a grant or loan under the Acts is made shall be provided with such toilet or sanitation facilities as may be required by the local health authority, in whose functional area such holiday chalet or hostel is situate, and as approved in writing by an inspector.

22. A holiday chalet in respect of which a grant or loan is made under the Acts may not be sold or the grantee's interest therein transferred without the prior permission of the Minister for a period of five years from the date the grant or loan is made or while the loan or any portion thereof remains to be repaid.

23. (1) A holiday chalet towards the erection of which a grant is made under the Acts may not be removed from the approved site to any other site without the prior permission of the Minister.

(2) A holiday chalet towards the erection of which a loan is made under the Acts may not be removed from the site on which it was erected unless the site to which it is removed is on the land on which the amount of the loan is charged by the charging order made in respect of it under section 9 of the Act of 1929.

24. Every hostel towards the erection of which a grant is made under the Acts shall be constructed according to a plan drawn up by a qualified architect and which has been approved by the Minister.

25. No hostel building grant may be made until the applicants have shown legal title, to the satisfaction of the Minister, to the site on which it is proposed to erect the hostel.

26. Where a grant is made towards the erection of a hostel to a body of persons (in this Article referred to as " the grantees " which expression, where the context so permits, includes the survivor or survivors of them and their assigns) the grantees shall, before payment of the grant, enter into a deed with the Minister containing such covenants, conditions and provisions in relation to the hostel and the use and maintenance thereof and the application of the grant, as the Minister may require, including without prejudice to the generality of the foregoing, the following—

(a) that, save with the consent of the Minister under Article 27 of these Regulations, the hostel shall be used exclusively and maintained solely for the purposes of the accommodating of persons desirous of learning or improving their knowledge of the Irish language ;

(b) that, save with the consent in writing of the Minister, the hostel shall not be assigned, subdivided or let ;

(c) that the grant shall be applied by the grantees only for the purpose of the erection or the erection and furnishing of the hostel ;

(d) that the grantees shall from time to time furnish such information as the Minister may require in relation to the application of the grant ;

(e) that the grantees and every person having the immediate management or control of the hostel shall permit the Minister and any authorised officer of the Minister to inspect the hostel whenever the Minister considers it necessary ;

(f) that the grantees shall keep the hostel and the furniture and fittings thereof in good order, repair and condition to the satisfaction of the Minister and also keep them insured against loss or damage by fire in a sum not less than the amount of the grant, with a company approved by the Minister and will whenever required by the Minister so to do produce the policy or policies of insurance and the receipt for the current premium due thereon, and will apply any moneys received on foot of any such policy or policies in restoring and reinstating to the satisfaction of the Minister any property which may be destroyed or damaged ;

(g) that, if the grantees fail to perform or observe any of the covenants and conditions contained in the deed, then, upon written demand (which shall be served on the grantees by registered post) by the Minister to the grantees, the grantees will within the period specified in the demand repay to the Minister the full amount of the grant or such portion thereof as he shall demand ;

(h) that, if a demand is made by the Minister under paragraph (g) of this Article for the payment of any sum, the grantees shall, if the sum is not paid by the grantees to the Minister before the expiration of the period specified in the demand, thenceforth hold the hostel upon trust by sale or mortgage to raise an amount sufficient to pay the said sum and that the receipt of the Minister for the amount so paid by the purchaser or mortgagee shall be a sufficient discharge to the purchaser or mortgagee ;

(i) that upon payment of the said sum to the Minister the grantees shall be relieved from the performance and observance of the covenants and the conditions contained in the deed.

27. The Minister may consent to the utilisation of the hostel for purposes other than that specified in paragraph (a) of Article 26 of these Regulations, where in his opinion such other purposes will not be detrimental in any way to the fostering of the Irish language.

28. Every certificate issued by the Minister to the Commissioners under subsection (1A) (as inserted by paragraph (b) of subsection (4) of section 5 of the Act of 1959) of section 8 of the Act of 1929 that a loan may be granted under the Acts to a person in respect of the building of a holiday chalet, shall be in the Form No. 2A in the Schedule to these Regulations and shall be signed for the Minister by an officer of the Minister who is for the time being on a panel, prepared by the Minister with the sanction of the Minister for Finance, of officers authorised so to sign such certificates.

THE SCHEDULE.

Form No. 1B.

DEPARTMENT OF THE GAELTACHT.

APPLICATION FORM.

HOUSING (GAELTACHT) ACTS, 1929-1959.

County.............................. District Electoral Division...........................

To the Secretary,

Dept. of the Gaeltacht,

25, Earlsfort Terrace,

Dublin.

Insert full surname and christian name.

I, ............................................................ .......................................... of............................................................ .......................................... hereby apply under the Acts for :—

Strike out any of the items Nos. 1 to 6 which you do not require.

My present dwelling house contains............rooms in which are residing............men,............boys,............women,............girls (..............in all).

The following are the particulars of my holding :—

Townland....................................Barony.....................................Area of holding..................acres..................roods..................perches.

Rateable Valuation, £................

If a Tenant Purchaser or pending Tenant Purchaser state :—

Name of Estate............................................................ .....................................

Number of Land Commission Receivable Order.........................................

Annual payment to the Commission £..........................................................

If a tenant, state :—

Name of Landlord............................................................ ..............................

Address............................................................ ..............................................

Annual Rent £............................................................ ...................................

Tenure (i.e. yearly tenancy, leasehold, etc.)..............................................

State particulars if held in any other manner or if you have any other holding ..............................................

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

State what contribution you are prepared to make towards the proposed buildings or works by way of materials, labour or cash ............................................................ ............................................................ .....

In the case of improvement works, state how many rooms will be contained in the house on completion of the works............................................................ ............................................................ ...........................

If you are the occupier of a house, state whether the Irish Language is habitually used as the home language of your household............................................................ ............................................................ ..

If you are not the occupier of a house, state whether the Irish language is habitually used by you............................................................ ............................................................ ..........................................

I declare that no building, improving or sanitation grant out of public funds in respect of my house has been made to me during the past seven years.

Strike out whichever declaration does not apply.

I declare that the new house which I intend to build will be in replacement of my present dwelling-house which is wholly unsuitable for the proper and healthy accommodation of myself and my family.

or

I declare that I am not the occupier of a dwelling-house but that the house I intend to build will be for my own occupation.

I am in a position, if this application is granted, to carry out the works mentioned above and to complete them within........................weeks of the date of notification of such grant.

This paragraph should be struck out if this assistance is not required.

I request that assistance be given me in procuring the materials which I shall require to purchase for the works in respect of the execution of which the assistance is applied for and that you act as my agent in arranging for the supply of such materials and I undertake to order the materials from the Contractor and on the terms arranged by you.

Date.............................. Signed.................................................

I have witnessed the signature of the applicant and I certify that the particulars above stated are, to the best of my knowledge and belief, correct.

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

Address............................................................ .....

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

Profession............................................................ .

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

Form No. 1C.

DEPARTMENT OF THE GAELTACHT.

APPLICATION FORM.

HOUSING (GAELTACHT) ACTS, 1929-1959.

County......................... District Electoral Division...........................

To the Secretary,

Dept. of the Gaeltacht,

25 Earlsfort Tce.,

Dublin.

Insert full surname and christian name.

I ............................................................ .......................................... of............................................................ .......................................... hereby apply under the Acts for :—

Strike out either of the items Nos. 1 or 2 which you do not require.

My present dwelling house contains............rooms in which are residing............men,............boys,............women,............girls (............in all).

The following are the particulars of my holding :—

Townland.................................... Barony.................................... Area of holding ..................acres ..................roods ..................perches.

Rateable Valuation £...............................

If a Tenant Purchaser or pending Tenant Purchaser, state :—

Name of Estate............................................................ ...................

Number of Land Commission Receivable Order.........................................

Annual Payment to the Commission £...............................

If a tenant, state :—

Name of Landlord ............................................................ ...................

Address ............................................................ ..................................

Annual Rent £...............................

Tenure (i.e. yearly tenancy, leasehold, etc.).............................................

State particulars if held in any other manner or if you have any other holding............................................................ ............................................................ .........................................

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

State what contribution you are prepared to make towards the proposed buildings or works by way of materials, labour or cash............................................................ ............................................................ ...............................................

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

In the case of special extension works state how many rooms will be contained in the house on completion of the works............................................................ ............................................................ ..................................

State whether : (A) the Irish language is habitually used as the home language of your household .................... or (B) the Irish language is habitually used by you ..............................

Strike out this certificate if it does not apply

I declare that I have never received assistance under the Acts, for any other special extension to my dwelling house or for the erection of any other chalet.

or

Strike out portions of the certificate which do not apply.

I declare that I have only received assistance under the Acts, for other special extension(s) to my dwelling house or for the erection of other chalet(s).

I am in a position, if this application is granted, to carry out the works mentioned above and to complete them within .................... weeks of the date of notification of such grant.

This paragraph should be struck out if this assistance is not required.

I request that assistance be given me in procuring the materials which I shall require to purchase for the works in respect of the execution of which the assistance is applied for and that you act as my agent in arranging for the supply of such materials and I undertake to order the materials from the Contractor and on the terms arranged by you.

Date.................... Signed .........................................................

I have witnessed the signature of the applicant and I certify that the particulars above stated are, to the best of my knowledge and belief, correct.

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

Address ............................................................ ........

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

Profession ............................................................ ...

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

Form No. 2A.

DEPARTMENT OF THE GAELTACHT.

(119A)

HOUSING (GAELTACHT) ACTS, 1929-1959.

CERTIFICATE THAT A LOAN MAY BE ISSUED UNDER SECTION 8 (1A) OF THE HOUSING (GAELTACHT) ACT, 1929 .

To the Commissioners of Public Works in Ireland :—

The applicant ............................................................ ......................of............................................................ .................. having previously built with assistance under the Acts, being now desirous of building a such chalet, and the Minister being satisfied that the applicant is not in a position to complete this chalet without further monetary assistance under the Acts,

The Minister for the Gaeltacht now certifies herewith that a loan of .............................. pounds (£..............) may be granted to ...................................................... as assistance towards the erection of this chalet on the holding of which details are given below together with details of the applicant's tenancy.

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

on behalf of the Minister for the Gaeltacht.

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

DETAILS OF THE HOLDING AND TENANCY.

GIVEN under my Official Seal, this 3rd day of November, 1959.

GEARÓID MAC PHARTHALÁIN,

Minister for the Gaeltacht.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 3rd day of November, 1959.

SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations which have been made under the powers conferred by the Housing (Gaeltacht) Acts, 1929 to 1959, regulate conditions for the making of grants and loans under those Acts.