2 1948

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Number 2 of 1948.


GARDA SIOCHANA (ACQUISITION OF SITES AND RETENTION OF PREMISES) ACT, 1948.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Compulsory acquisition of land by the Commissioners.

3.

Holding by the Commissioners of certain premises.

4.

Provisions with respect to tenancies of premises held by the Commissioners.

5.

Appeal from decision fixing amount of rent.

6.

Saver.

7.

Expenses.

8.

Short title.

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Number 2 of 1948.


GARDA SIOCHANA (ACQUISITION OF SITES AND RETENTION OF PREMISES) ACT, 1948.


AN ACT TO PROVIDE FOR COMPULSORY ACQUISITION BY THE COMMISSIONERS OF PUBLIC WORKS IN IRELAND OF SITES FOR GARDA SIOCHANA STATIONS AND FOR HOUSES FOR MEMBERS OF THE GARDA SIOCHANA AND TO ENABLE THE SAID COMMISSIONERS TO HOLD CERTAIN PREMISES USED FOR THE ACCOMMODATION OF MEMBERS OF THE GARDA SIOCHANA. [14th January, 1948.]

BE IT ENACTED BY THE OIREACHAS AS FOLLOWS:—

Definitions.

1. —In this Act—

the expression “the Commissioners” means the Commissioners of Public Works in Ireland;

the expression “the Minister” means the Minister for Justice.

Compulsory acquisition of land by the Commissioners.

2. —(1) Where the Commissioners consider it proper to acquire compulsorily any land as a site for a Garda Síochána station or for a house for a member of the Garda Síochána, the Commissioners may, with the consent of the Minister and of the Minister for Finance, by order declare their intention so to acquire the land, and every such order shall operate to confer on the Commissioners power to acquire compulsorily the land mentioned therein under and in accordance with this section.

(2) Before making an order under this section, the Commissioners—

(a) shall deposit and keep open for inspection at some suitable place (public notice of which shall be given) such plans, specifications and other documents as will show fully and clearly the land intended to be acquired, and

(b) shall give notice, in such manner as they consider best adapted for informing persons likely to be affected by the order, of their intention to consider the making thereof and of the manner in which representations and objections in respect of the order may be made.

(3) An order under this section may incorporate, with such modifications as the Commissioners think proper, any of the provisions of—

(a) the Acquisition of Land (Assessment of Compensation) Act, 1919, and

(b) the Lands Clauses Acts so far as they are not inconsistent with the Acquisition of Land (Assessment of Compensation) Act, 1919.

Holding by the Commissioners of certain premises.

3. —(1) Where the Minister desires that premises to which this subsection applies should continue to be used for the accommodation of members of the Garda Síochána—

(a) the Commissioners may hold the premises by virtue of this section,

(b) if the Commissioners so hold the premises, they shall hold them under a yearly tenancy which shall be deemed to have commenced on the termination of the previous tenancy of the Commissioners or the Minister.

(2) Subsection (1) of this section applies to premises which—

(a) are used at the passing of this Act for the accommodation of members of the Garda Síochána, and

(b) were held by the Minister or the Commissioners under—

(i) a tenancy for a term of years, or

(ii) a yearly tenancy,

which terminated on or after the 1st day of October, 1946, and before the passing of this Act.

(3) Where the tenancy, under which premises to which this subsection applies are held at the passing of this Act by the Minister or the Commissioners, terminates and the Minister desires that the premises should continue to be used for the accommodation of members of the Garda Síochána—

(a) the Commissioners may hold the premises by virtue of this section,

(b) if the Commissioners so hold the premises, they shall hold them under a yearly tenancy commencing on the termination of the previous tenancy of the Minister or the Commissioners.

(4) Subsection (3) of this section applies to premises which—

(a) are used at the passing of this Act for the accommodation of members of the Garda Síochána, and

(b) are held at the passing of this Act by the Minister or the Commissioners under—

(i) a tenancy for a term of years expiring on or before the 31st day of December, 1950, or

(ii) a yearly tenancy.

Provisions with respect to tenancies of premises held by the Commissioners.

4. —(1) Where the Commissioners hold premises by virtue of section 3 of this Act under a yearly tenancy, the following provisions shall have effect:—

(a) the tenancy shall be at such rent as, subject to the next following paragraph, may be fixed by agreement,

(b) where agreement is not reached as to the rent in respect of the tenancy, the Commissioners may themselves fix the rent from time to time, but any rent so fixed shall be subject to the appeal provided for by section 5 of this Act,

(c) the tenancy shall be terminable as follows and not otherwise:—

(i) on any day of any year of the tenancy (being a year ending on or before the 31st day of December, 1953)—by notice in writing given at any time before such day to the Commissioners with their consent or given at least three months before such day by the Commissioners,

(ii) on any day of any year of the tenancy (being a year ending after the 31st day of December, 1953)—by notice in writing given at least three months before such day by or to the Commissioners,

(d) there shall be attached to the tenancy, so far as is not inconsistent with this Act, the like terms and conditions as were attached to the previous tenancy of the Minister or the Commissioners.

(2) A Notice under this section by the Commissioners may be given by sending the notice by registered post in an envelope addressed to the landlord, the agent of the landlord or the person receiving the rent at the last-known address of such landlord, agent or person.

Appeal from decision fixing amount of rent.

5. —Any person aggrieved by a decision under paragraph (b) of section 4 of this Act fixing the amount of any rent may appeal from the decision to one of the panel of referees appointed under sections 33 and 34 of the Finance (1909-10) Act, 1910, and those sections shall apply to every such appeal with the modification that references therein to Commissioners shall be construed as references to the Commissioners within the meaning of this Act.

Saver.

6. —Nothing in this Act shall affect any right or power of the Minister or the Commissioners under any other Act.

Expenses.

7. —The expenses incurred by the Commissioners in giving effect to this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of monies provided by the Oireachtas.

Short title.

8. —This Act may be cited as the Garda Síochána (Acquisition of Sites and Retention of Premises) Act, 1948.