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40 1960

LOCAL GOVERNMENT (No. 2) ACT, 1960

PART III.

Miscellaneous.

Extension of compulsory acquisition under Housing of the Working Classes Acts, 1890 to 1958.

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 of the Working Classes Acts, 1890 to 1958, or are purposes some only of which are purposes of those Acts, and

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

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 of the Working Classes Acts, 1890 to 1958,

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 purchase the land compulsorily by means of a compulsory purchase order as provided for by section 37 of the Housing (Miscellaneous Provisions) Act, 1931 , and Parts I and II of the Second Schedule thereto, as amended by sections 24 and 25 of the Housing (Amendment) Act, 1958 .

(b) For the purposes of the foregoing paragraph “the Minister”, wherever that expression occurs in section 37 of the Housing (Miscellaneous Provisions) Act, 1931 , and Part I of the Second Schedule thereto and in sections 24 and 25 of the Housing (Amendment) Act, 1958 , shall be construed as referring to the appropriate Minister.

(4) (a) The provisions of section 17 (as amended by subsection (2) of section 23 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 ) and subsection (1) of section 41 of the Housing (Miscellaneous Provisions) Act, 1931 , shall apply in relation to an order made by virtue of this section and “the Minister”, wherever that expression occurs in the said section 17 as so applied, shall be construed as referring to the appropriate Minister.

(b) The provisions of sections 30 , 36 , 45 and 49 of the Housing (Miscellaneous Provisions) Act, 1931 , and the provisions of section 50 of that Act as modified by section 18 of the Housing (Amendment) Act, 1954 , are hereby extended so as to have effect for the purposes of this section, and “the Minister”, wherever that expression occurs in subsections (2) and (3) of the said section 45 as so extended, shall be construed as referring to the appropriate Minister.

(c) The provisions of subsection (2) of section 18 of the Housing (Miscellaneous Provisions) Act, 1931 , as amended by section 20 of the Housing (Amendment) Act, 1958 , shall apply in relation to land acquired by means of an order made by virtue of this section.

(5) The provisions of section 32 of the Housing (Amendment) Act, 1948 , shall apply with respect to the costs payable by a local authority in respect of the acquisition of land by means of an order made by virtue of this section.

(6) (a) 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.

(b) 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 Part I of the Second Schedule to the Housing (Miscellaneous Provisions) Act, 1931 ,

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

(7) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to purchase 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.

(8) Where a local authority intend to make an order by virtue of this section and the land is situate outside their functional area, it shall not be necessary for them to obtain the consent provided for by section 29 of the Housing (Amendment) Act, 1952 .

Amendment of section 10 of Local Government (Ireland) Act, 1898.

11. —(1) In subsection (1) of section 10 of the Local Government (Ireland) Act, 1898—

(a) “A county council” shall be construed as referring to any local authority,

(b) “county” shall, in both places where that word occurs without qualification, be construed as referring to the functional area of the local authority in question, and

(c) “powers and duties” shall be construed as referring to all such powers, functions and duties as may at any material time stand exercisable or performable by the local authority in question.

(2) In subsection (2) of the said section 10 “A county council” shall be construed as referring to any local authority.

Extension of certain authorisations.

12. —Where—

(a) consequent upon an agreement under section 59 of the Local Government Act, 1955 , a power, function or duty becomes exercisable or performable by a local authority, and

(b) the body which is the other party to the agreement would, if they exercised or performed the power, function or duty, be authorised by law to do any act or thing in relation to such exercise or performance,

the local authority shall be authorised to do that act or thing in relation to the exercise or performance by them of the power, function or duty as if they were that body.

Power of local authority to inspect land.

13. —(1) An officer or agent of a local authority who is duly authorised in that behalf by the authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for the purpose of ascertaining whether the land is or is not suitable for acquisition by the authority.

(2) A person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.

(3) Before a person enters under this section on any land, the local authority on whose authority the entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days' notice in writing of the intention to make the entry.

(4) A person to whom a notice of intention to enter on land has been given under this section by a local authority may, no later than fourteen days after the giving of such notice, apply, on notice to such local authority, to the justice of the District Court having jurisdiction in the district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

(5) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

(6) A person who suffers damage by anything done under this section on any land and, within six months after such thing is done, makes to the local authority on whose authority the land was entered under this section a claim for compensation in respect of the damage shall be entitled to be paid by the authority reasonable compensation for the damage and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the authority in any court of competent jurisdiction as a simple contract debt.

(7) In default of agreement, the amount of any compensation payable by a local authority under this section shall, if the amount claimed in respect thereof does not exceed fifty pounds, be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired.

(8) Every person who, by act or omission, obstructs an officer or agent of a local authority in the lawful exercise of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.

Annual contributions to County Councils General Council.

14. —(1) The council of a county may, subject to such limits as may be fixed from time to time by the Minister for Local Government, make annual contributions to the funds of the County Councils General Council.

(2) Subsection (1) of this section shall come into operation on the 1st day of April, 1961, and no payment by way of subscription shall be made after that day under section 16 of the Local Government (Ireland) Act, 1902, as amended by section 78 of the Local Government Act, 1925 .