S.I. No. 214/1993 - Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1993.

S.I. No. 214 of 1993.

HOUSING ACT, 1966 (ACQUISITION OF LAND) (AMENDMENT) REGULATIONS, 1993.

The Minister for the Environment in exercise of the powers conferred on him by section 5 of and the Third Schedule to the Housing Act, 1966 (No. 21 of 1966) and section 10 of the Local Government (No. 2) Act, 1960 (No. 40 of 1960) [as substituted by section 86 of the Housing Act, 1966 as further amended by section 6, and the Second Schedule to the Roads Act, 1993 (No. 14 of 1993)] hereby makes the following regulations:—

1. These Regulations may be cited as the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1993.

2. The form in the Schedule to these Regulations is hereby substituted for Form No. 8 in the Schedule to the Housing Act, 1966 (Acquisition of Land) Regulations, 1966.

3. These Regulations shall come into operation on the 1st day of August, 1993.

SCHEDULE

"FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 of THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 .

__________________________

COMPULSORY ACQUISITION OF LAND

______________________________________ (title of order)

The ___________________ (hereinafter referred to as "the local authority") in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto, as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) have made an order entitled as above which is about to be submitted to the Minister for _____________________________ for confirmation. If confirmed, the order will authorise the local authority to acquire compulsorily the land described in the First Schedule hereto for the purposes of _________________________________________________ .¹

The order will also authorise the local authority to extinguish the public right of way described in the Second Schedule hereto, by order made by them after they have acquired the land over which there is the said public right of way.²

The Minister cannot confirm a compulsory order which authorises the extinguishment of a public right of way if there is an objection to the extinguishment until he has caused to be held a public local inquiry into the matter, unless the objection is withdrawn. Any objections to the extinguishing of the said public right of way should be made in writing addressed to the Minister for the Environment, Custom House, Dublin, within 6 weeks of the publication of this notice.²

A copy of the order and of the map referred to in it may be seen at all reasonable hours at_______________________________________ .

First Schedule³

Second Schedule⁴

Dated this _________________ day of __________________ 19 _____________.

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

1. the purpose for which the land is required should be stated as in the Order.

2. References to the extinguishment of a public right of way and to the Second Schedule should be omitted if not applicable and consequential changes should be made in the wording of the notice.

3. In the first Schedule the land should be described as in the order or by reference to boundaries, e.g. "The land to which the order relates is bounded as follows, on the north by............................................................ ............................................................ ................, on the south by............................................................ ......................................... , on the east by............................................................ ..................................................... , and on the west by ............................................................ ...................", or "The area to which the order relates is bounded by a line drawn as follows ............................................................ ...................... ".

4. Insert here such description as may be sufficient to identify the public right of way."

GIVEN under the Official Seal of the Minister for the Environment, this 28th day of July, 1993.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations substitute a form for form No. 8 in the Schedule to the Housing Act, 1966 (Acquisition of Land) Regulations, 1966 consequent on the amendment of the Local Government (No. 2) Act, 1960 by the Roads Act, 1993 .