S.I. No. 105/1961 - Derelict Sites Act, 1961 Regulations, 1961.

S.I. No. 105 of 1961.

DERELICT SITES ACT, 1961 REGULATIONS, 1961.

The Minister for Local Government in exercise of the powers conferred on him by section 19 of the Derelict Sites Act, 1961 (No. 3 of 1961) hereby makes the following Regulations.

1. These Regulations may be cited as the Derelict Sites Act, 1961 Regulations, 1961.

2. The forms in the Schedule hereto are hereby prescribed to be used for the purposes to which they relate by a local authority exercising powers and duties under the Derelict Sites Act, 1961 .

SCHEDULE

Form No. 1.

............................................................ .................... (Name of local authority)

Notice under section 2 of Derelict Sites Act, 1961 inviting offer from owner of derelict site.

To............................................................ 

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

The............................................................ ....(hereinafter called " the local authority ") being of opinion that the land referred to hereunder is a derelict site within the meaning of the Derelict Sites Act, 1961 (No. 3 of 1961) hereby give notice inviting you the owner of the said land to make an offer on or before the............day of............................................. 19...... with respect to—

(a) the carrying out of works to prevent the said land from continuing to be a derelict site, or

(b) the future use of the said land.

If the local authority accept any offer to carry out works to prevent the said, land from continuing to be a derelict site and the works are not carried out, the local authority may, if in their opinion the said land continues to be a derelict site—

(i) by their servants or agents enter on the said land and carry out the works and may claim, by demand given to you, the expenses incurred in carrying out the said works, or

(ii) give a further notice to you to carry out such works as, in the opinion of the local authority, will prevent the said land from being or becoming again a derelict site, or

(iii) acquire the said land.

If you do not offer to carry out works to prevent the said land from continuing to be a derelict site or if any offer you make is not accepted, the local authority are empowered under the said Act, in order to prevent the land from continuing to be a derelict site, either, as they think fit, to require you as owner thereof to carry out appropriate works on the said land or to acquire the said land.

Description and location of Derelict Site

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

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

County Secretary/Town Clerk

Form No. 2.

............................................................ ............................................................ (Name of local authority)

Notice of Acceptance of Offer under section 2 of the Derelict Sites Act, 1961 to carry out works on derelict sites.

To............................................................ 

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

The............................................................ hereby notify you that by order dated.............................................19......they have accepted your offer of the.............................................19......, to carry out the works listed below on a derelict site at................................................within a period of........................weeks/months. The site will be inspected in due course to ascertain whether the works have been carried out.

If the works are not carried out before the.......................................19... . , and the land continues to be, in the opinion of the Corporation/Council, a derelict site, the Corporation/Council may by their servants or agents enter on the land and carry out the works and may recover from you the expenses incurred together with interest at the rate of five per cent., per annum from the date of demand until the date of payment.

Works to be carried out

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

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

County Secretary/Town Clerk.

Form No. 3.

............................................................ ...........................................................(Name of local authority)

Demand for expenses incurred under section 2 of the Derelict Sites Act, 1961 in carrying out works

To............................................................ 

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

The............................................................ hereby demand from you the sum of £..................for expenses incurred by them in carrying out, under section 2 of the above Act, the works listed below on a derelict site at................................................being works which you offered to carry out but did not carry out. If the above amount is not paid, the Corporation/Council are entitled under the said Act to sue for its recovery together with interest at the rate of five per cent. per annum from the date of this demand.

Works carried out

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

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

County Secretary/Town Clerk.

Form No. 4.

............................................................ .....................................................(name of local authority)

Notice under section 3 of Derelict Sites Act, 1961 requiring owner to carry out works on derelict site

To............................................................ 

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

The............................................................ ..........being of opinion that the land described hereunder is a derelict site within the meaning of the Derelict Sites Act, 1961 (No. 3 of 1961) hereby give notice requiring you within..................weeks/months from the date of this notice to carry out the works specified in the Schedule hereto, being works which in the opinion of the Corporation/Council will prevent the land from being or becoming again a derelict site.

Any person aggrieved by this notice may, within one month after the date of the giving of the notice, appeal to the Minister for Local Government, Custom House, Dublin.

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

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

County Secretary/Town Clerk

Description and Location of Derelict Site

SCHEDULE

Works to be carried out and estimated cost thereof

Directions for completing this form

The location of the derelict site may be indicated by reference to an attached map or tracing but some brief description should also be given.

Form No. 5.

............................................................ ............................................................ (name of local authority).

Demand for expenses incurred under section 4 of the Derelict Sites Act, 1961 in carrying out works

To............................................................ 

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

The............................................................ ...............hereby demand from you the sum of £........................for expenses incurred by them in carrying out, under section 4 of the above Act, the works listed below on a derelict site at........................................................being works which you were required to carry out by notice dated the...............................day of............................................................ ....19......,(as confirmed by the Minister for Local Government). If the above amount is not paid, the Corporation/Council are entitled under the said Act to sue for its recovery together with interest at the rate of five per cent. per annum from the date of this demand.

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

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

County Secretary/Town Clerk

Directions for completing this form

The words in brackets should be deleted where there has been no appeal to the Minister against the notice. Where the amount of the expenses incurred by the local authority in relation to the works exceeds the amount of the estimated cost of the works contained in the notice given under section 3 of the Act (or the said notice as confirmed by the Minister), the amount of the excess is not recoverable.

Form No. 6 (Notice under a. 7(1) (b) of the Act.

............................................................ ............................................................ ...........(name of local authority).

Notice of intention to acquire land compulsorily under the Derelict Sites Act, 1961

Notice is hereby given that the............................................................ .....in exercise of the powers conferred on them by the Derelict Sites Act, 1961 intend to acquire compulsorily under the said Act the land described hereunder. A map or plan of the said land has been deposited in.................................................and may be seen during office hours.

Any occupier or owner of the said land may before the............day of.............................................19........., submit to the local authority an objection to the proposed acquisition. Any such objection must be in writing stating the grounds of the objection and addressed to the local authority at............................................................ ....

Description of land intended to be acquired

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

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

County Secretary/Town Clerk

Directions for completing this form

The date before which objections are to reach the local authority should be one month from the date of publication of this Notice.

Form No. 7 (Notices under section 7 (1) (c) of the Act).

............................................................ ............................................................ .................(name of local authority).

Notice of intention to acquire land compulsorily under the Derelict Sites Act, 1961

Notice is hereby given that the............................................................ in exercise of the powers conferred on them by the Derelict Sites Act, 1961 intendto acquire compulsorily under the said Act the land described hereunder. A map or plan of the said land is annexed hereto. Any occupier or owner of the said land may on or before the............day of.............................................19......, submit to the local authority an objection to the proposed acquisition. Any such objection must be in writing stating the grounds of the objection and addressed to the local authority at............................................................ ........

Description of land intended to be acquired

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

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

County Secretary/Town Clerk

Direction for completing this form

The date before which objections are to reach the local authority should be one month from the date of publication of the Notice under section 7 (1) (b) of the Act (Form No. 6).

Form No. 8.

............................................................ ............................................................ ................(name of local authority).

Vesting Order under Derelict Sites Act, 1961

WHEREAS the land described in the Schedule hereto is a derelict site within the meaning of the Derelict Sites Act, 1961 (hereinafter called " the Act ") ;

AND WHEREAS the provisions of section 7 of the Act have been complied with by the............................................................ .(hereinafter called " the local authority ") in relation to the said land ;

AND WHEREAS no objection has been submitted to the local authority in accordance with section 8 of the Act ; or

AND WHEREAS an objection was submitted to the local authority in accordance with section 8 of the Act and was subsequently withdrawn ; or

AND WHEREAS the sum of £........................remains due on foot of an order of the....................................Order dated the............day of.............................................19......, in respect of expenses incurred by the local authority under section 2/section 4 of the Act in relation to the said land ; or

AND WHEREAS the Minister for Local Government has consented to the compulsory acquisition of the said land by the local authority ;

NOW THEREFORE the local authority in exercise of the power conferred on them by section 9 of the Derelict Sites Act, 1961 hereby order that the land described in the Schedule hereto shall, on the..............day of...............................................19......, vest in the local authority in fee simple free from incumbrances and all estates, rights, titles and interests of whatsoever kind.

SCHEDULE

Description of land

Given under the Seal of the..........................................................

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

Directions for completing this form

1. Whichever of the third, fourth, fifth and sixth recitals as are inappropriate should be omitted.

2. The date of vesting should be not earlier than seven days after the making of the order.

Form No. 9 (Notice under s. 9 (3) (a) of the Act).

............................................................ ............................................................ ...... (name of local authority).

Notice of Vesting Order under Derelict Sites Act, 1961

Notice is hereby given that the............................................................ ......................................................

have made the following vesting order under the Derelict Sites Act, 1961 :—

(Here insert copy of vesting order)

Any person who, immediately before the making of the above order, had any estate or interest in or right in respect of the land acquired may apply to the ............................................................ ....not later than twelve months after the making of the order for compensation in respect of the estate, interest or right.

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

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

County Secretary/Town Clerk

Form No. 10.

............................................................ ............................................................ (name of local authority).

Notice under section 15 of the Derelict Sites Act, 1961 requiring information as to ownership of land

To............................................................ 

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

The............................................hereby require you to state in writing addressed to them at.......................................the nature of your interest in the land described hereunder and the name and address of any other person known to you as having an interest in the said land, whether as owner in fee simple, mortgagee, lessee or otherwise. Section 15 of the DerelictSites Act, 1961 provides that any person who, having been required by a local authority by a notice in writing given in pursuance of the section to give to them any information, fails to give them that information, or knowingly makes any misstatement in respect thereof, shall be guilty of an offence under the section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Description of land

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

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

County Secretary/Town Clerk

GIVEN under the Official Seal of the Minister Local Government this twenty-fourth day of May, One Thousand Nine Hundred and Sixty-one.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE

These Regulations prescribe the forms for use under the Derelict Sites Act, 1961 .