Housing Act 1966

Amendment of section 10 of Local Government (No. 2) Act, 1960.

86

86. (1) The following section shall be substituted for section 10 of the Act of 1960—

“10. (1) Where—

( a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,

( b) those purposes are purposes other than the purposes of the Housing Act, 1966, or are purposes some only of which are purposes of that Act, and

( c) the local authority consider that it would be convenient to effect the acquisition under that Act,

the local authority may decide so to effect the acquisition.

(2) Where—

( a) a local authority consider that any land, whether situate within or outside their functional area, would, if acquired by them, be suitable for the provision of halls, buildings and offices for the local authority, and

( b) the local authority consider that it would be convenient to effect the acquisition under the Housing Act, 1966,

the local authority may decide so to effect the acquisition.

(3) ( a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to acquire the land compulsorily by means of a compulsory purchase order as provided for by section 76 of the Housing Act, 1966, and the Third Schedule thereto and for the purposes of this paragraph any reference to a housing authority in the said section 76 or the said Third Schedule shall be construed as a reference to a local authority.

( b) For the purposes of paragraph ( a) of this subsection, ‘ the Minister’, wherever that expression occurs in section 76 of the Housing Act, 1966, and the Third Schedule thereto shall be construed as referring to the appropriate Minister.

(4) ( a) The provisions of sections 78, 79, subsection (1) of section 80, sections 81, 82 and 84 of the Housing Act, 1966, and the Fourth Schedule thereto, shall apply in relation to an order made by virtue of this section and any reference in the said sections and subsection and in the said Fourth Schedule as so applied to a housing authority or the Minister shall be construed as a reference as to the local authority or the appropriate Minister, respectively.

( b) The provisions of sections 3, 4, 5 and 49 of the Housing Act, 1966, are hereby extended so as to have effect for the purposes of this section, and any reference in the said sections as so extended to a housing authority or, except in the said section 5, to the Minister shall be construed as a reference to the local authority or the appropriate Minister, respectively.

( c) The provisions of subsection (2) of section 83 of the Housing Act, 1966, shall apply in relation to land acquired by means of an order made by virtue of this section.

( d) Where—

(i) an order is made by virtue of this section, and

(ii) there is a public right of way over the land to which the order relates or any part thereof,

the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.

( e) Where—

(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and

(ii) apart from this paragraph, it would not be obligatory on the Minister to cause a public local inquiry to be held pursuant to the Third Schedule to the Housing Act, 1966,

it shall be obligatory on the Minister to cause the inquiry to be held save where he thinks fit not to confirm the order.

(5) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to acquire land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.

(6) In this section, ‘ land’ includes any interest or right over land granted by or held from the local authority acquiring the land.”

(2) In construing a compulsory purchase order made by virtue of the said section 10, the reference in any enactment incorporated therein which, but for this subsection, would by virtue of sub-article (5) of article 5 of the Third Schedule to this Act be construed as a reference to a housing authority, shall be construed as a reference to a local authority.