Acquisition of Land (Allotments) (Amendment) Act, 1934

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Number 7 of 1934.

ACQUISITION OF LAND (ALLOTMENTS) (AMENDMENT) ACT, 1934.

ARRANGEMENT OF SECTIONS

Number 7 of 1934.

ACQUISITION OF LAND (ALLOTMENTS) (AMENDMENT) ACT, 1934.

AN ACT TO AMEND THE ACQUISITION OF LAND (ALLOTMENTS) ACT, 1926 , FOR THE PURPOSE OF FACILITATING THE PROVISION OF ALLOTMENTS FOR UNEMPLOYED PERSONS, TO AUTHORISE THE MAKING OF GRANTS OUT OF PUBLIC MONEYS FOR THE LIKE PURPOSE, TO AMEND THE SAID ACT IN OTHER RESPECTS, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12th March, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—(1) In this Act the expression “the Principal Act” means the Acquisition of Land (Allotments) Act, 1926 (No. 8 of 1926).

(2) Every word and expression to which a particular meaning is given by the Principal Act for the purposes of that Act has in this Act the meaning so given to it.

“Unemployed person.”

2.—(1) Each of the following persons shall be an unemployed person for the purposes of this Act—

(a) a person for the time being in receipt of unemployment benefit under the Unemployment Insurance Acts, 1920 to 1933;

(b) a person for the time being in receipt of unemployment assistance under the Unemployment Assistance Act, 1933 (No. 46 of 1933);

(c) any other person who for the time being complies with the prescribed conditions.

(2) The Minister may by order make regulations in relation to any matter referred to in the immediately preceding sub-section as prescribed.

Partial repeal of section 2 of the Principal Act.

3.—(1) Sub-section (1) of section 2 of the Principal Act is hereby amended by the repeal of the following words now contained therein, that is to say:—

“and are further of opinion that the costs and expenses to be incurred by them in providing and maintaining the land for such allotments and otherwise in relation thereto may reasonably be expected to be recouped by the rents and other moneys to be received by them for the allotments”,

and the said sub-section shall be construed and have effect accordingly.

(2) Sub-section (2) of section 2 of the Principal Act is hereby repealed.

Rents chargeable for allotments let to unemployed persons or certain associations.

4.—(1) Where an allotment on land provided by a local authority (whether before or after the passing of this Act) under the Principal Act or under that Act as amended by this Act is let to not more than two individual persons who are unemployed persons when such letting is made or to a number of persons working on a co-operative system who are all unemployed persons when such letting is made, such letting may, notwithstanding anything to the contrary contained in section 3 or section 6 of the Principal Act, be made at such rent as such local authority considers that such persons could reasonably be expected to pay or, where such authority so thinks proper, at a merely nominal rent.

(2) Lettings of allotments at rents fixed under the immediately preceding sub-section shall be made for a period not exceeding eleven months.

(3) Where allotments on land provided by a local authority (whether before or after the passing of this Act) under the Principal Act or under that Act as amended by this Act are let to an association of persons under paragraph (c) of sub-section (1) of section 13 of the Principal Act and such authority is satisfied that some or all of such allotments will be let or otherwise made available by such association to or for unemployed persons, such local authority may, notwithstanding anything to the contrary contained in section 3 or section 6 of the Principal Act, let such allotments to such association at such rent (including a merely nominal rent) as such local authority shall, having regard to all the circumstances, think proper and as the Minister may approve.

(4) Whenever a local authority lets allotments under the powers conferred by this section at rents which are less than the rents required by section 3 or section 6 of the Principal Act to be charged, the Minister may, as and when he thinks proper, pay to such local authority out of moneys provided by the Oireachtas such sum as he shall think proper for or towards recouping to such local authority the loss sustained by such local authority by reason of so letting such allotments at such rents.

Reduction of certain existing rents.

5.—Where a local authority has before the passing of this Act let allotments to an association of persons under paragraph (c) of sub-section (1) of section 13 of the Principal Act and such association has let or otherwise made available (whether before or after the passing of this Act) some or all of such allotments to or for unemployed persons, such local authority may accept, in lieu of the amount of any gale of rent accrued due on or after the 1st day of February, 1934, in respect of such first mentioned letting, such lesser amount as such local authority shall, having regard to all circumstances, think proper and as the Minister may approve, and in such case the Minister may, as and when he thinks proper, pay to such local authority out of moneys provided by the Oireachtas such sum as he shall think proper for or towards recouping to such local authority the loss sustained by such local authority by reason of such acceptance.

Powers of inspection.

6.—(1) Whenever—

(a) a local authority has exercised in respect of allotments the powers conferred on them by either of the two immediately preceding sections, or

(b) the Minister for Agriculture has made a grant under the next following section in respect of allotments to enable seeds, manures, potato spraying materials or agricultural implements to be provided free of charge therefor,

any inspector (subject to production by him if so required of his authority in writing as an inspector) may enter upon and inspect any of the said allotments and, in respect of any allotment for which seeds, manures, potato spraying materials or agricultural implements have been provided as aforesaid, may also inspect any such seeds, manures, potato spraying materials or agricultural implements.

(2) If any person obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

(3) In this section the word “inspector” means any person authorised in writing by the Minister or the Minister for Agriculture to exercise the powers conferred on an inspector by this section.

Grants for free provision of seeds, manures, potato spraying materials and implements.

7.—(1) The Minister for Agriculture with the sanction of the Minister for Finance may, as and when he shall think proper, make out of moneys provided by the Oireachtas a grant of such amount as he shall think proper—

(a) to any local authority, for the purpose of enabling such local authority to supply, free of cost, to unemployed persons to whom lettings of allotments have been made by such authority under the Principal Act as amended by this Act seeds, manures and potato spraying materials for use in such allotments, and to provide agricultural implements for use by such unemployed persons free of cost for the cultivation of such allotments, and

(b) to any association of persons to whom a letting of allotments has been made by a local authority under paragraph (c) of sub-section (1) of section 13 of the Principal Act, for the purpose of enabling such association to supply, free of cost, to unemployed persons to or for whom any of such allotments have been let or made available by such association seeds, manures and potato spraying materials for use in such allotments and to provide agricultural implements for use by such unemployed persons free of cost for the cultivation of such allotments, and

(c) to any corporate body or unincorporated association approved of by the Minister for Agriculture which provides, otherwise than under the Principal Act, allotments for unemployed persons, for the purpose of enabling such body or association to supply, free of cost, to such unemployed persons seeds, manures and potato spraying materials for use in such allotments and to provide agricultural implements for use by such unemployed persons free of cost for the cultivation of such allotments.

(2) The Minister for Agriculture may by order make regulations for giving effect to this section and, in particular, for ensuring that grants made under this section will be applied by the grantees thereof for the purposes for which such grants were made and that seeds, manures and potato spraying materials supplied and agricultural implements provided under this section are of suitable quality.

Amendment of section 4 of the Principal Act.

8.—(1) Sub-section (1) of section 4 of the Principal Act is hereby amended by the deletion of all words from the words “were purposes” to the end of the sub-section and the substitution therefor of the words “were the purposes of Part III of the Housing of the Working Classes Act, 1890, as amended by any subsequent enactment, and section 37 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), and the Second Schedule to that Act, as amended by the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932), shall apply accordingly as if the purposes of this Act were the purposes of the said Part III, but with such modifications as may be necessary having regard to the express provisions of this Act (including this section)”.

(2) Sub-section (4) of section 4 of the Principal Act is hereby amended by the deletion of all words from the words “every petition” to the words “contain or” and the substitution therefor of the words “every compulsory purchase order for the compulsory acquisition of land for the purposes of this Act made by a local authority and submitted to the Minister shall”.

Appropriation of land belonging to local authority.

9.—(1) Where a local authority resolves, under section 2 of the Principal Act, to provide land for allotments, such local authority, with the consent of the Minister, may, notwithstanding anything contained in any other enactment, provide such land by appropriating for the purposes of such allotments any land belonging to them and not required or not immediately required for the purpose for which it was acquired by or is vested in such local authority.

(2) Where a local authority provides land by appropriation under this section, the Principal Act so far as it is applicable shall apply to such land as if it had been acquired under that Act.

Amendment of section 9 of the Principal Act.

10.—(1) Section 9 of the Principal Act shall not apply to or have effect in respect of any land acquired (whether before or after the passing of this Act) otherwise than compulsorily.

(2) Whenever a local authority pays compensation for deterioration in the condition of land under section 9 of the Principal Act as amended by this section, and the Minister has made, under the provisions of this Act relating to rents chargeable for allotments let to unemployed persons or certain associations or relating to reduction of certain existing rents, grants to such local authority, the Minister may, out of moneys provided by the Oireachtas, pay to such local authority such proportion of such compensation as the Minister shall, after consultation with the Minister for Finance, think proper having regard to all the circumstances.

Amendment of section 10 of the Principal Act.

11.—Sub-section (1) of section 10 of the Principal Act is hereby amended by the deletion of the words “three months” now contained in that sub-section and the insertion therein of the words “six months” in lieu of the words so deleted, and the said sub-section shall be construed and have effect accordingly.

Laying of regulations before Houses of Oireachtas.

12.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such regulation is laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

Expenses of Minister for Agriculture.

13.—All expenses incurred by the Minister for Agriculture in carrying this Act into execution shall to such extent as may be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.

Short title, construction, and citation.

14.—(1) This Act may be cited as the Acquisition of Land (Allotments) (Amendment) Act, 1934.

(2) This Act shall be construed as one with the Principal Act, and accordingly the expression “this Act” wherever it occurs in the Principal Act shall be construed as including the Principal Act as amended by this present Act.

(3) The Principal Act and this Act may be cited together as the Acquisition of Land (Allotments) Acts, 1926 and 1934.