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21 1966

HOUSING ACT, 1966

PART VI

Disposal of Land and Dwellings

Chapter I

Land

Disposal of land by housing authority.

88. —(1) Any land acquired for the purposes of or under this Act or appropriated to the purposes of this Act by a housing authority may be sold, leased or exchanged subject to such conditions as the authority may consider necessary having regard to the purposes of this Act.

(2) (a) Where, as respects any land acquired for the purposes of or under this Act or appropriated to the purposes of this Act by a housing authority, the authority consider that they will not require the use of the land for any of their functions for a particular period, the authority may grant a lease of the land for that period or any less period and the lease shall be expressed as a lease granted for the purposes of this subsection.

(b) The Land Law (Ireland) Act, 1881, the Landlord and Tenant Acts, 1931 and 1958, and the Rent Restrictions Act, 1960 , shall not apply in relation to a lease granted as aforesaid for the purposes of this subsection.

(3) Section 83 of the Local Government Act, 1946 , shall, in relation to any disposal of land under this section, apply and have effect as if for paragraphs (b), (c) and (d) of subsection (1) thereof there were substituted the following:

“(b) at a meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the authority shall resolve as follows:

(i) that the disposal shall be carried out in accordance with the terms specified in such notices, or

(ii) that the disposal shall be carried out in accordance with the terms specified in the resolution, or

(iii) that the disposal shall not be carried out,

(c) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in such notices, the disposal may be carried out in accordance with those terms,

(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with the terms specified in the resolution, the disposal may, with the consent of the Minister, be carried out in accordance with those terms,”.

(4) In this section, “land” shall include neither a dwelling to which section 90 of this Act applies nor a cottage within the meaning of section 93 of this Act in respect of which an application may be sent under section 16 of the Act of 1936.