Housing Act 1966

THIRD SCHEDULE

Provisions Applicable As Respects Compulsory Purchase Orders

1. A compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it relates and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations—

( a) the Lands Clauses Acts (except sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Act of 1890);

( b) the Acquisition of Land (Assessment of Compensation) Act, 1919.

2. The modifications subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in a compulsory purchase order shall be as follows:

( a) where the purchase money or compensation payable to a person claiming any interest in land does not exceed the sum of F81 [ £ 15,000 ] , and the claimant gives prima facie evidence that he is a person having power to sell under the Land Purchase Acts or the Lands Clauses Acts, and satisfies the housing authority that, for not less than six years immediately preceding, he, or his immediate predecessor in title, has been personally, or by an agent, in receipt of the rents or profits of the land, or in actual occupation thereof, the claimant may be dealt with by the authority as the absolute owner of the interest in respect of which he claims, and the purchase money or compensation may be paid to him;

( b) where any interest in land, in respect of which purchase money or compensation not exceeding the sum of F81 [ £ 15,000 ] is payable, is subject to any mortgage or charge, the amount of the purchase money or compensation may be paid to the person entitled to the mortgage or charge, or if there is more than one such mortgage or charge, then to the person entitled to the mortgage or charge which is first in priority, and the amount so paid shall be received in reduction of the principal sum for the time being owing in respect of the mortgage or charge, notwithstanding any direction, proviso, or covenant to the contrary contained in any instrument;

( c) where a housing authority have, pursuant to paragraph ( a) or ( b) of this article, paid purchase money or compensation, not exceeding the sum of F81 [ £ 15,000 ] , to any person, the person shall give the authority a receipt in the prescribed form for the purchase money or compensation and, except in the case of land to which a vesting order applies, the receipt shall, where it is given by a person who may be dealt with as absolute owner or by a person entitled to a mortgage or charge on the interest of any such person be effectual to vest absolutely in the authority, free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than a public right of way) the fee simple of the land in respect of which the purchase money or compensation was paid;

( d) a memorandum of the amount paid under paragraph ( b) of this article shall, where practicable, be endorsed on the instrument creating the mortgage or charge, and shall be signed by the person receiving the purchase money or compensation, and a copy of the memorandum shall be furnished by the housing authority to all persons appearing to the authority to be entitled to any interest in the land subject to the mortgage or charge;

( e) a copy of the receipt mentioned in paragraph (c) of this article shall, on the request of any person entitled to any estate or interest in the land in respect of which the purchase money or compensation was paid, be furnished by the housing authority to that person;

( f) any person claiming to be entitled to any purchase money or compensation paid to another person under this article, may, within six years after the payment has been made, make an application to the Circuit Court and on the hearing the court may, as it thinks proper, either dismiss the application or make a decree against the housing authority for the amount found due in respect of the claim and the amount for which any such decree is made shall be a debt due to the authority by the person to whom the money was paid by them;

( g) if—

(i) it appears to the housing authority that the person making any claim for purchase money or compensation in respect of land, or any estate or interest in land, is not absolutely entitled to the land, estate or interest, or

(ii) the title to such land, estate, or interest is not satisfactorily shown to the housing authority,

and the purchase money or compensation does not exceed F81 [ £ 40,000 ] , the authority may pay it into the Circuit Court and the court shall thereupon have with respect thereto all the jurisdiction exercisable by the High Court under the Lands Clauses Acts and the authority shall thereupon have with respect to the land, estate or interest all the like rights and powers as if the purchase money or compensation had been paid into the High Court;

( h) section 72 of the Lands Clauses Consolidation Act, 1845, shall have effect as if “ F81 [ £ 15,000 ] ” were substituted therein for “twenty pounds”;

( i) notwithstanding the repeal by this Act of the Housing (Miscellaneous Provisions) Act, 1931, “ two” shall continue to be substituted for “three” in article 6 of the Second Schedule to the Act of 1890;

( j) article 24 of the Second Schedule to the Act of 1890, as amended by section 31 of the Act of 1948 (repealed by this Act) shall have effect as if “ at which, on the date of such entry the local authority could borrow from the local loans fund ” was substituted for “of three pounds per centum per annum”;

( k) the compensation shall be assessed in accordance with such of the provisions of this Act relating to the assessment of compensation in respect of land acquired compulsorily as are applicable to the particular case;

( l) the arbitrator shall not take into account—

(i) any interest in land created after the date on which notice of the order having been made is published in accordance with article 4 of this Schedule, or

(ii) any building erected or any improvement or alteration made after the said date if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.

3. If the compulsory purchase order relates to land which includes a house and the house is, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the house shall be described in the prescribed manner in the order.

4. Before submitting the compulsory purchase order to the Minister the housing authority shall—

( a) publish in one or more newspapers circulating in their functional area a notice in the prescribed form stating the fact of such an order having been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

( b) serve on every owner, lessee and occupier F82 [ ] of any land to which the order relates a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation and specifying the time within which and the manner in which objections can be made thereto.

5. (1) Where a compulsory purchase order has been submitted to the Minister, he may, if he thinks fit, and subject to the following provisions of this article—

( a) annul the order by an annulment order, or

( b) confirm the order with or without modification by a confirmation order,

as respects all or part of the land to which the compulsory purchase order relates and in case the Minister makes an annulment order or a confirmation order in respect of part of such land, the Minister may make an annulment order or a confirmation order or a further annulment or confirmation order, as the case may be, in respect of any part of such land to which neither a previously made annulment order nor a previously made confirmation order relates.

(2) The Minister shall not confirm a compulsory purchase order in so far as it relates to any land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served until he has caused to be held a public local inquiry into such objection and until he has considered such objection and the report of the person who held the inquiry, unless—

( a) such objection is withdrawn, or

( b) the Minister is satisfied that such objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.

(3) An order made by the Minister shall not—

( a) authorise the housing authority to acquire compulsorily any land which the relevant compulsory purchase order would not have authorised them so to acquire if it had been confirmed without modification;

( b) authorise the housing authority to acquire as being a house unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense any house not so described in the original order.

(4) If the Minister is of the opinion that a house described in a compulsory purchase order as being unfit for human habitation and not capable of being rendered fit at reasonable expense ought not to have been so described, he shall annul the order in so far as it relates to the house, unless he is of the opinion that the house may properly be acquired by the housing authority, in which case he shall modify the order so as to authorise the authority to acquire the house and to pay compensation in respect thereof assessed in accordance with Part II of the Fourth Schedule to this Act.

(5) In construing any enactment incorporated in a compulsory purchase order—

( a) any reference to the special Act shall be construed as a reference to this Act together with the order;

( b) any reference to the confirming authority shall be construed as a reference to the Minister;

( c) any reference to a local authority or the promoters of the undertaking shall be construed as a reference to a housing authority;

( d) any reference to Part I or Part II of the Act of 1890, shall be construed as a reference to this Act;

( e) any reference to land shall be construed as including a reference to any interest or right over land granted by or held from the authority by whom the compulsory purchase order is made.

Annotations:

Amendments:

F81

Substituted (1.09.1992) by Housing (Miscellaneous Provisions) act 1992 (18/1992), s. 31, S.I. No. 223 of 1992.

F82

Deleted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 198, S.I. No. 505 of 2004.

Modifications (not altering text):

C57

Application of schedule extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.

[Exercise of compulsory powers

16C. ...

(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.

(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —

(a) references in that Act to a housing authority shall be construed as references to IDA,

(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,

(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,

(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and

(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.

(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA. ]

C58

Application of schedule extended with modifications (21.12.2009) by National Assets Management Agency Act 2009 (34/2009), s. 163(3), S.I. No. 545 of 2009.

Acquisition order.

163.— ...

(3) The Third Schedule to the Housing Act 1966 applies to an acquisition order subject to the following modifications:

( a) references to a sum of money shall be construed as references to the equivalent sum in euro;

( b) references to a housing authority or an authority shall be construed as references to NAMA;

( c) references to the Minister shall be construed as a reference to the Court in the exercise of its functions under this Chapter;

( d) the omission of Article 4, paragraphs (1) to (4) of Article 5 and Article 5(5)( d).

C59

Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.— ...

(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: ...

( f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;

...

C60

References to “local inquiries” or “public inquiries” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 218(3)(b), S.I. No. 449 of 2000.

Oral hearings in relation to compulsory acquisition of land.

218.— ...

(3) For the purposes of this Part, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section: ...

( b) section 78 of, and the Third Schedule to, the Housing Act, 1966;

...

C61

Application of schedule extended with modifications (1.05.1996) by Casual Trading Act 1995 (19/1995), s. 7(2), S.I. No. 267 of 1995.

Acquisition and extinguishment of market rights.

7. ...

(2) Section 10 of the Local Government (No. 2) Act, 1960, and Part V of and the Third and Fourth Schedules to the Housing Act, 1966, shall apply in relation to a market right in respect of markets or fairs as they apply in relation to land—

( a) with the substitution of references to such market right for references to land,

( b) with the deletion of—

(i) and of the map referred to therein” in section 78 (1) of the said Housing Act, 1966,

(ii) and shall have attached thereto a map of the land to which it applies” in section 82 (1) of the said Housing Act, 1966,

(iii) by reference to a map” in paragraph 3 of the said Third Schedule, and

(iv) and of the map referred to therein” in paragraph 4 ( a) of the said Third Schedule, and

( c) with any other necessary modifications.

Editorial Notes:

E207

Power pursuant to ss. 5, 76, 78, 82 and schedule exercised (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.

E208

Previous affecting provisions: power pursuant to s. 5 and schedule exercised (1.08.1993) by Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations 1993 (S.I. No. 214 of 1993), in effect as per reg. 3; revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.

E209

Previous affecting provision: application of schedule extended with modifications (12.02.1980) by Casual Trading Act 1980 (43/1980), s. 8, S.I. No. 43 of 1981; repealed (1.05.1996) by Casual Trading Act 1995 (15/1995), s. 17(1)(a), S.I. No. 267 of 1995, subject to transitional provisions in subss. (2) and (3).

E210

Previous affecting provision: sums substituted (5.08.1970) by Housing Act 1970 (18/1970), s. 6, commenced on enactment; substituted as per F-Note above.

E211

Previous affecting provisions: power pursuant to s. 5 and schedule exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (20.12.2000) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.