Housing (Miscellaneous Provisions) Act 1992

Removal of temporary dwellings from certain locations.

10

10. F13 [ (1) Where, without lawful authority, a person erects, places, occupies or otherwise retains a temporary dwelling in a public place and such temporary dwelling

( a ) is within a five mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed under section 6 and the temporary dwelling concerned could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained, appropriately be accommodated on that site, the housing authority may serve a notice on that person requiring that person, within a specified period, to remove the said temporary dwelling to the said site,

( b ) is, in the opinion of the housing authority concerned

(i) unfit for human habitation due to lack or inadequacy of water supply, sanitation or other essential services, or

(ii) likely to obstruct or interfere with the use of public or private amenities or facilities, or the maintenance of such amenities or facilities, or

(iii) likely to constitute or constitutes a significant risk to personal health, public health, or safety,

and such temporary dwelling could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained, appropriately be accommodated on any site provided, managed or controlled under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed under section 6 , the housing authority may serve a notice on that person requiring that person, within a specified period, to remove such temporary dwelling to the said site,

F14 [ ( c ) is within a one mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998 ), or any other traveller accommodation provided, managed or controlled by a housing authority under the Housing Acts, 1966 to 2002, or any traveller housing accommodation provided or managed under section 6 and the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained is of the opinion that, whether by reason of its use or occupancy or by reason of its being one of a number of such temporary dwellings or otherwise, such temporary dwelling or any occupant of the temporary dwelling

(i) is causing a nuisance or obstruction to the occupants of that site or traveller accommodation or to the occupants of any other dwelling or dwellings within a one mile radius of that site or that traveller accommodation, or

(ii) creates a risk to the quality of water, sanitary, electrical or other services associated with that site or traveller accommodation or with any other dwelling or dwellings within a one mile radius of that site or traveller accommodation, or

(iii) obstructs or interferes with the use or enjoyment by any person of any public or private amenity or any public or private facility or the maintenance of any such amenity or facility, within a one mile radius of that site or traveller accommodation,

the housing authority concerned may serve notice on that person requiring that person, within a specified period, to remove the said temporary dwelling, ] ]

(2) A notice under subsection (1) shall specify—

( a) the location and description of the temporary dwelling to which it relates,

F15 [ ( b ) the location of the site to which the temporary dwelling is required to be removed, or where a notice is served under subsection (1)(c) , that the temporary dwelling is required to be removed to at least a distance of one mile from the specified site, ]

( c) the period, being not less than 24 hours from the time at which the notice is served, within which the requirements of the notice are to be complied with, and

( d) the statutory consequences of failure to comply with the requirements of the notice.

(3) Where, before the expiry of the period within which the requirements of a notice under subsection (1) are to be complied with, the temporary dwelling to which the notice relates is removed to a location in which it may lawfully be retained by the person concerned and the housing authority would not be entitled to serve another notice under subsection (1) in relation to the location, then subsections (4) and (5) shall not have effect.

(4) Any person on whom a notice under subsection (1) is served who fails in any respect to comply with any requirement of the notice shall be guilty of an offence.

(5) Where, in the opinion of the housing authority, the requirements of a notice under subsection (1) have not been complied with in all or any respects, then, without prejudice to any other provisions of this section, the authority may, without further notice, remove or procure the removal of the temporary dwelling—

F16 [ ( a ) to the site specified in the notice or, where a notice is served under subsection (1)(c) , to a location that is not less than one mile from the site referred to in than subsection, or ]

( b) where they are for any reason prevented from so doing, to another location for storage by or on behalf of the authority.

(6) Any person who obstructs or impedes or assists a person to obstruct or impede a housing authority in exercising their functions under this section shall be guilty of an offence.

(7) Where a temporary dwelling has been removed by a housing authority under this section without the presence or knowledge of any person claiming to own, occupy or otherwise retain it, the authority shall serve upon each such person whose name and address can be ascertained by reasonable enquiry, a notice informing him—

( a) where the temporary dwelling is removed to a site under subsection (5) (a), of the location of the site,

( b) where the temporary dwelling is removed to a place of storage under subsection (5) (b), of the address of the place I where it may be claimed and recovered, and

( c) of the powers and duties of the authority under subsections (8), (9) and (10).

(8) Possession of a temporary dwelling removed by a housing authority under subsection (5) (b) shall be given by the authority to a person claiming possession of it on his satisfying the authority that his claim thereto is bona fide if, but only if, the person makes a declaration in writing that—

( a) he is the owner of the temporary dwelling, or

( b) he is authorised by its owner to claim it, or

( c) he is, for a specified reason, otherwise entitled to possession of it,

and, at the discretion of the authority, he pays the amount of any expenditure reasonably incurred by that authority in removing and storing the temporary dwelling.

(9) A housing authority may dispose or procure the disposal of a temporary dwelling removed by them under this section unless, within one month from the date of its removal or, where a notice is served in respect of it under subsection (7), from the time at which the notice is served—

( a) where the temporary dwelling is removed to a site under subsection (5) (a), it is occupied, with the authority's consent, on the site or lawfully removed from the site by the owner, or

( b) where the temporary dwelling is removed to a place of storage under subsection (5) (b), it is claimed in accordance with subsection (8) and removed from the place where it is stored.

(10) Where—

( a) a housing authority become entitled to dispose or procure the disposal of a temporary dwelling by virtue of subsection (9),

( b) the name and address of the owner of the temporary dwelling is or can be ascertained by the authority by reasonable enquiry, and

( c) the temporary dwelling is, in their opinion, capable of being sold,

then the authority shall be entitled to sell the temporary dwelling for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner of the temporary dwelling at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority in its removal, storage and sale and any expenditure incurred by that or another housing authority in the provision of the temporary dwelling.

(11) ( a) A notice under subsection (1) may be served on a person in either or both of the following ways:

(i) in accordance with section 3 of the Principal Act, and

(ii) at the discretion of the authority, by affixing it in a conspicuous position on or near the temporary dwelling to which it relates.

( b) Section 3(5) of the Principal Act shall apply to a notice affixed in accordance with paragraph (a) (ii).

(12) Any person guilty of an offence under subsection (4) or (6) shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(13) The provisions of this section are without prejudice to the functions of a public authority under any other enactment or any rule of law.

(14) In this section—

public authority” means—

( a) the Government,

( b) a Minister of the Government,

( c) a local authority,

( d) a health board, and

( e) any other body established—

(i) by or under any enactment (other than the Companies Acts, 1963 to 1990), or

(ii) under the Companies Acts, 1963 to 1990, in pursuance of powers conferred by or under another enactment,

and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, and a subsidiary of any such body;

public place” means any street, road or other place to which the public have access whether as of right or by express or implied permission and whether subject to or free of charge and any property or other land owned or occupied by or leased to a public authority;

temporary dwelling” means any tent, caravan, mobile home, vehicle or other structure or thing (whether on wheels or not) which is capable of being moved from one place to another, and—

( a) is or was used for human habitation, either permanently or from time to time, or

( b) was designed, constructed or adapted for such use.

Annotations:

Amendments:

F13

Substituted (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 32(a), S.I. No. 328 of 1998.

F14

Substituted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 21, S.I. No. 329 of 2002.

F15

Substituted (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 32(b), S.I. No. 328 of 1998.

F16

Substituted (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 32(c), S.I. No. 328 of 1998.