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S.I. No. 454/2000 -- Housing Act, 1966 (Acquisition of Land) Regulations, 2000.

S.I. No. 454/2000 -- Housing Act, 1966 (Acquisition of Land) Regulations, 2000. 2000 454

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STATUTORY INSTRUMENTS.

S.I. No. 454 of 2000.

HOUSING ACT, 1966 (ACQUISITION OF LAND) REGULATIONS, 2000.

S.I. No. 454 of 2000.

HOUSING ACT, 1966 (ACQUISITION OF LAND) REGULATIONS, 2000.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 5, 76, 78 and 82 of and the Third Schedule to the Housing Act, 1966 (No. 21 of 1966) and section 10 of the Local Government (No. 2) Act, 1960 ( No. 40 of 1960 ), as substituted by section 86 of the Housing Act, 1966 and as further amended by section 6 and the Second Schedule to the Roads Act, 1993 (No. 14 of 1993) and by section 222 of the Planning and Development Act, 2000 ( No. 30 of 2000 ), hereby makes the following Regulations:—

1. These Regulations may be cited as the Housing Act, 1966 (Acquisition of Land) Regulations, 2000.

2. These Regulations shall come into operation on 1 January 2001.

3. In these Regulations —

“the Act of 1960” means the Local Government (No. 2) Act, 1960 (No. 40 of 1960) ,

“the Act of 1966” means the Housing Act, 1966 (No. 21 of 1966) ,

“the Act of 1993” means the Roads Act, 1993 (No. 14 of 1993) ,

“the Act of 2000” means the Planning and Development Act, 2000 (No. 30 of 2000) ,

“the Regulations of 1966” means the Housing Act, 1966 (Acquisition of Land) Regulations, 1966 ( S.I. No. 278 of 1966 ),

“the Regulations of 1993” means the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1993 ( S.I. No. 214 of 1993 ),

“the Regulations of 1998” means the Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations, 1998 ( S.I. No. 434 of 1998 ).

4. (1) Forms No. 1, 2, 3, and 4 set out in the Schedule hereto, or forms substantially to the like effect, shall be the prescribed forms to be used for the purposes for which they are respectively expressed to relate where a housing authority propose to acquire land compulsorily for the purposes of the Act of 1966, by means of a compulsory purchase order made under section 76 of the said Act and the Third Schedule thereto, as amended by the Act of 2000.

(2) Form No. 5 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a housing authority in exercise of the powers conferred upon them by section 81 of the Act of 1966.

5. (1) Forms No. 6, 7, 8 and 9 set out in the Schedule hereto, or forms substantially to the like effect, shall be the prescribed forms to be used for the purposes for which they are respectively expressed to relate where a local authority propose in accordance with the powers conferred upon them by section 10 of Act of 1960, as substituted by section 86 of the Act of 1966 and as further amended by section 6 and the Second Schedule to the Act of 1993 and by section 222 of the Act of 2000, to acquire land compulsorily by means of a compulsory purchase order made under section 76 of the Act of 1966 and the Third Schedule to the said Act, as amended by the Act of 2000.

(2) Form No. 10 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of vesting order to be made by a local authority in exercise of the powers conferred upon them by section 81 of the Act of 1966, as applied by section 10 of the Act of 1960, as substituted by section 86 of the Act of 1966.

6. Where a compulsory purchase order made by a housing authority or a local authority under section 76 of the Act of 1966, and the Third Schedule to the said Act, relates to land which includes a house within the meaning of section 75 of the Act of 1966, and the house is, in the opinion of the housing authority or the local authority (as the case may be), unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the house shall be described in the compulsory purchase order in the manner set out in sub-paragraph (1) of paragraph 2 of Form No. 1 and of Form No. 6 in the Schedule hereto.

7. Form No. 11 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form of receipt to be given to a housing authority or a local authority for purchase money or compensation paid by the housing authority or local authority (as the case may be) pursuant to paragraph (a) or (b) of article 2 of the Third Schedule to the Act of 1966.

8. Where a local authority propose to acquire land compulsorily in accordance with the powers conferred on them by section 52 of the Act of 1993, as amended by section 5 of the Roads (Amendment) Act, 1998 (No. 23 of 1998) , Form 12 set out in the Schedule hereto, or a form substantially to the like effect, shall be the prescribed form.

9. The Regulations of 1966, the Regulations of 1993 and the Regulations of 1998 are hereby revoked.

SCHEDULE

Form No. 1

FORM OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

HOUSING ACT, 1966

SECTION 10 OF THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AS AMENDED BY SECTION 11 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 ) AND SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT, 2000

WHEREAS the _________________________ 1 (hereinafter referred to as ”the housing authority”) propose for the purposes of the Housing Act, 1966 , to acquire compulsorily the land hereinafter described:

AND WHEREAS the said land includes (a) house(s) 2 and the said house(s) is/are, in the opinion of the housing authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense and such house(s) is/are coloured pink on the map referred to in this order:3

NOW THEREFORE it is hereby ordered that—

1. Subject to the provisions of this order the housing authority are hereby authorised to acquire compulsorily for the purposes of the Housing Act, 1966 , the land described in the Schedule hereto which land is shown on a map marked _________________________ 4 and sealed with the seal of the housing authority and deposited at the offices of the housing authority (hereinafter referred to as “the deposited map”).

2. (1) The land described in Part I of the Schedule hereto and coloured pink on the deposited map consists of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.3

(2) The land described in Part II of the Schedule hereto and coloured grey on the deposited map is land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense3

3. Subject to any necessary adaptations, the provisions of—

(a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Housing of the Working Classes Act, 1890), and

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 (as applied by section 265(3) of the Planning and Development Act, 2000 ),

as modified by the Third Schedule to the Housing Act, 1966 , are hereby incorporated in this order and the provisions of those Acts shall apply accordingly.

4. This Order may be cited as _____________________ Order, 20 .5

SCHEDULE

PART I

Land consisting of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

PART II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

The official seal of the housing authority was affixed hereto this __________ day of ___________ 20 ____________, in the presence of

_____________6

_____________

Manager.6

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 2

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

COMPULSORY ACQUISITION OF LAND

___________________________________ (title of order)

The ___________________________________ (hereinafter referred to as “the housing authority”) in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto (as amended by the Planning and Development Act, 2000 ), have made an order entitled as above which is about to be submitted to An Bord Pleanála for confirmation. If confirmed, the order will authorise the housing authority to acquire compulsorily the land described in the Schedule for the purposes of the Housing Act, 1966 .

A copy of the order and of the map referred to in it may be seen at all reasonable hours at _______________________.

Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.

The Housing Act, 1966 , as amended, provides that the Board cannot confirm the order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn, until it has held an oral hearing into the objection and until it has considered the objection and the report of the person who held the oral hearing.

An environmental impact statement, for which separate public notice has been given, has been prepared in respect of the development which it is proposed to carry out on the land. Evidence in relation to the likely effects on the environment of the proposed development may also be heard at the oral hearing, if any, (1)

SCHEDULE (2)

Dated this day of 20 .

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 3

FORM OF NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 , TO BE SERVED ON OWNERS, LESSEES AND OCCUPIERS IN ACCORDANCE WITH ARTICLE 4 (b) OF THE THIRD SCHEDULE TO THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

COMPULSORY ACQUISITION OF LAND

____________________________________________________ (title of order)

To _________________________________________________

of _________________________________________________

1. The _________________________________ (hereinafter referred to as “the housing authority”) in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 and the Third Schedule thereto (as amended by the Planning and Development Act, 2000 ), have made an order entitled as above which is about to be submitted to An Board Pleanála (hereafter “the Board”) for confirmation.

2. If confirmed, the order will authorise the housing authority to acquire compulsorily the land described in the Schedule to this notice for the purposes of the Housing Act, 1966 .

3. A copy of the order and of the map referred to in it may be seen at all reasonable hours at ____________________.

4. The Housing Act, 1966 , as amended, provides that, if an objection is made with respect to the proposed compulsory acquisition of land, the land in respect of which an objection is made by any of the persons upon whom notices of the making of the order are required to be served shall not be acquired compulsorily unless the Board makes an order to confirm the compulsory purchase order, unless:—

(a) the objection is withdrawn, or

(b) the Board is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.

The Board cannot confirm the order in respect of the land until it has held an oral hearing into the objection and until it has considered the objection and the report of the person who held the oral hearing.

5. Any objection to the order must state in writing the grounds of objection and be sent addressed to An Bord Pleanála, Floor 3, Blocks 6 & 7, Irish Life Centre, Lower Abbey Street, Dublin 1 so as to reach the Board before the day of , 20 .

6. An environmental impact statement has been prepared in respect of the development which it is proposed to carry out on the land. Copies of the environmental impact statement are available for inspection or purchase at the offices of the housing authority at _______________________. Submissions or observations in relation to the effects on the environment of the proposed development may also be made in writing to the Board before ______________________. Evidence in relation to the likely effects on the environment of the proposed development may also be heard at the oral hearing, if any. (1)

7. The Board, if it thinks fit, may in one or more stages annul the compulsory purchase order or confirm the order, with or without modification.

8. If no objection is received to the proposed compulsory acquisition of land, the objection is withdrawn or the Board is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed, the Board shall inform the housing authority, which may then confirm the order with or without modification, or refuse to so confirm it.

9. If land to which the order, as confirmed by either the Board or the housing authority, relates is acquired by the housing authority, compensation for the land will be assessed in respect of the acquisition as the value of the land at the date that the relevant notice to treat is served.

10. In the opinion of the housing authority, no part of the land in which you have an interest consists of a house or houses which is/are unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. If the land to which the order relates is acquired by the housing authority, compensation will be assessed in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 (as applied by section 265(3) of the Planning and Development Act, 2000 ), subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

11. In the opinion of the housing authority, the land/part of the land in which you have an interest consists of a house or houses which is/are unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. If such land is acquired by the housing authority, compensation will be assessed in accordance with Part I of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as the value of the land at the time the relevant notice to treat is served as a site cleared of buildings and available for development in accordance with all relevant statutory requirements, less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.

However, if the Board is of the opinion that a house described in the order as being unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense ought not to have been so described, it is required to annual the order in so far as it relates to the house or to modify it so as to authorise the housing authority to acquire the house and to pay compensation for it in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 (as applied by section 265(3) of the Planning and Development Act, 2000 ), subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

12. Any dispute in relation to compensation shall be referred to and be determined by a property arbitrator appointed under the Property Values (Arbitration and Appeals) Act, 1960.

13. A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the relevant notice to treat is served, send to the Secretary, the Reference Committee, Four Courts, Dublin, an application in writing for the nomination of a property arbitrator for the purpose of determining the compensation to be paid. The application should be made in accordance with the Property Values (Arbitrations and Appeals) Rules, 1961 ( S.I. No. 91 of 1961 ).

SCHEDULE

Dated this ____________________________________ day of _____________________________________ 20 .

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

2. Paragraph 6 should be deleted if not applicable. Authorities should have regard to the periods and times specified for the availability of environmental impact statements in respect of proposed development and the making of written submissions or observations in relation to the effects on the environment of the proposed development when completing this paragraph.

3. Paragraph 10 should be selected according to whether the land proposed to be acquired does or does not include a house or houses considered unfit for human habitation and not capable of being rendered so fit at reasonable expense. The other paragraph should be omitted.

4. In the Schedule the land should be described as in the Schedule to Form No. 2.

Form No. 4

FORM OF NOTICE OF THE CONFIRMATION BY AN BORD PLEANÁLA/THE HOUSING AUTHORITY OF A COMPULSORY PURCHASE ORDER MADE FOR THE PURPOSES OF THE HOUSING ACT, 1966 , AS RESPECTS ALL/PART OF THE LAND TO WHICH THE COMPULSORY PURCHASE ORDER RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

_________________________________

COMPULSORY ACQUISITION OF LAND

_____________________________________________________________________ (title of order)

An Bord Pleanála (name of housing authority) has, on the ___________________ day of __________________ , 20 ___________ , made a confirmation order confirming (with modifications) the above-named compulsory purchase order as respects the land described in the Schedule hereto. The said order, as so confirmed, authorises the _____________________________ (name of housing authority) to acquire the said land compulsorily for the purposes of the Housing Act, 1966 . A copy of the order as so confirmed and of the map referred to in it may be seen at all reasonable hours at _____________________________.

The order, as so confirmed will become operative at the expiration of three weeks after the date of publication of this notice but if an application for judicial review of the decision of the Board under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) is duly made to the High Court within eight weeks of the date of publication of this notice in accordance with section 50 of the Planning and Development Act, 2000 , the court—

(a) may by interim order suspend the operation of the compulsory order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;

(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of the Housing Act, 1966 (as amended), or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.

SCHEDULE

Dated this __________________________________ day of __________________________________ 20_____ .

County Secretary or Town Clerk.

_____________________________________

DIRECTIONS FOR COMPLETING THIS FORM

In the first paragraph, if the Board has confirmed the order, this should be stated. Otherwise, the name of the housing authority should be inserted.

In the Schedule, the land to which the confirmation order relates should be described as in the Schedule to the compulsory purchase order or by reference to boundaries (as in Form No. 2).

Form No. 5

FORM OF VESTING ORDER

__________________________

SECTION 81 OF HOUSING ACT, 1966

___________________ (name of housing authority)

VESTING ORDER

SERIAL NO. ___________________________________________ 1

WHEREAS the land described in the Schedule hereto and shown on the map attached hereto which said map has been marked __________________________ 2 and sealed with the seal of the ___________________________ 3 (hereinafter referred to as “the housing authority”) is land to which the _________________________ 4 relates, and the said order has become operative in so far as it relates to the said land:

AND WHEREAS the housing authority have, at least six months prior to the date of this order, entered on and taken possession of the said land in accordance with the powers conferred upon them by section 80 of the Housing Act, 1966 :

AND WHEREAS—

(a) the several interests in the said land have not been conveyed or transferred to the housing authority,

(b) the housing authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the housing authority have made a proper offer in writing to each person having an interest in the said land who has furnished sufficient particulars of his interest to enable them to make a proper offer for such interest :

NOW THEREFORE the housing authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1966 , hereby order that the said land shall, on the __________________ day of ___________________ , 20 ,5 VEST in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way).

SCHEDULE 6

The official seal of the housing authority was affixed hereto this __________________ day of ___________________ , 20 ______ , in the presence of :—

__________________________________________ 7

Manager

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 6

FORM OF COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 AND AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

LOCAL GOVERNMENT (No. 2) ACT, 1960

SECTION 10 OF THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AS AMENDED BY SECTION 11 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 AND SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT, 2000

WHEREAS in pursuance of section 10 of the Local Government (No. 2) Act, 1960 , as substituted by section 86 of the Housing Act, 1966 as amended by section 6 and the Second Schedule to the Roads Act, 1993 and by the Planning and Development Act, 2000 , the _____________________ 1 (hereinafter referred to as “the local authority”) have decided to effect the acquisition of the land to which this order relates under the Housing Act, 1966 :

AND WHEREAS the said land includes (a) house(s)2 and the said house(s) is/are, in the opinion of the local authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense and such house(s) is/are coloured pink on the map referred to in this order :3

NOW THEREFORE it is hereby ordered that—

1. Subject to the provisions of this order, the local authority are hereby authorised—

(a) to acquire compulsorily for the purposes of _______________________4 the land described in Part I and Part II of the Schedule hereto which land is shown on a map marked _______________________ 5 and sealed with the seal of the local authority and deposited at the offices of the local authority (hereinafter referred to as “the deposited map”), and

(b) to extinguish the public right of way described in Part III of the Schedule hereto by order made after the acquisition of the land, where the said public right of way is over the land so acquired or any part thereof, or over land adjacent to or associated with the land so acquired or any part thereof. 6

2. (1) The land described in Part I of the Schedule hereto and coloured pink on the deposited map consists of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. 3

(2) The land described in Part II of the Schedule hereto and coloured grey on the said map is land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. 3

3. Subject to any necessary adaptations, the provisions of—

(a) the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845, and article 20 of the Second Schedule to the Housing of the Working Classes Act, 1890), and

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 (as applied by section 265(3) of the Planning and Development Act, 2000 ),

as modified by the Third Schedule to the Housing Act, 1966 are hereby incorporated in this order and the provisions of those Acts shall apply accordingly.

4. This order may be cited as the ____________________ Order, 20 _______.7

SCHEDULE

PART I

Lands consisting of (a) house(s) unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

PART II

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Number on map deposited at the offices of the housing authority	Quantity, description and situation of the land	Owners or reputed owners	Lessees or reputed lessees	Occupiers (except tenants for a month or a less period than a month)

PART III

Description of public right of way proposed to be extinguished.6

The official seal of the local authority was affixed hereto this ___________________ day of _____________________, 20 ______, in the presence of :—

______________________________________________ 8

Manager

DIRECTIONS FOR COMPLETING THIS FORM

Form no. 7.

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000 .

_________________________________

COMPULSORY ACQUISITION OF LAND

__________________________________________________ (title of order)

The _________________________________ (hereinafter referred to as “the local authority”) in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto, as extended by section 10 of the Local Government (No. 2) Act, 1960 as substituted by section 86 of the Housing Act, 1966 as amended by section 6 and the Second Schedule to the Roads Act, 1993 and as amended by the Planning and Development Act, 2000 , have made an order entitled as above which is about to be submitted to An Bord Pleanála for confirmation. If confirmed, the order will authorise the local authority to acquire compulsorily the land described in the First Schedule hereto for the purposes of ___________________________________ 1 .

Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.

The order will also authorise the local authority to extinguish the public right of way described in the Second Schedule hereto, by order made by them after they have acquired the land, where the said public right of way is over the land so acquired or any part thereof, or over land adjacent to or associated with the land so acquired or any part thereof.2 Any objections to the extinguishing of the said public right of way should be made in writing to An Bord Pleanála, Floor 3, Blocks 6 & 7, Irish Life Centre, Lower Abbey Street, Dublin 1, within 6 weeks of the publication of this notice2 .

The Board cannot confirm—

(a) a compulsory purchase order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn,

(b) an order which authorises the extinguishment of a public right of way if there is an objection to the extinguishment, which is not withdrawn,2

until it has caused to be held an oral hearing into the matter and until it has considered the objection and the report of the person who held the oral hearing.

An environmental impact statement, for which separate public notice has been given, has been prepared in respect of the development which it is proposed to carry out on the land. Evidence in relation to the likely effects on the environment of the proposed development may also be heard at the oral hearing, if any. 3 .

2. A copy of the order and of the map referred to in it may be seen at all reasonable hours at ____________________.

First Schedule4

Second Schedule5

Dated this ___________________________________________________________________________ day of _______________________________________________________________________ 20 ______.

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 8

FORM OF NOTICE OF THE MAKING OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (No. 2) ACT, 1960 , TO BE SERVED ON OWNERS, LESSEES AND OCCUPIERS IN ACCORDANCE WITH ARTICLE 4 (b) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

_________________________________

COMPULSORY ACQUISITION OF LAND

________________________________________________________________ (title of order)

To ________________________________________________________________

of ________________________________________________________________

1. The _________________________________ (hereinafter referred to as “the local authority”) in exercise of the powers conferred upon them by section 76 of the Housing Act, 1966 , and the Third Schedule thereto, as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) and amended by the Planning and Development Act, 2000 have made an order entitled as above which is about to be submitted to An Bord Pleanála (hereafter “the Board”) for confirmation.

2. If confirmed, the order will authorise the local authority to acquire compulsorily the land described in the Schedule hereto for the purposes of ____________________.

3. A copy of the order and of the map referred to in it may be seen at all reasonable hours at ______________________.

4. The Housing Act, 1966 , as amended, provides that if an objection is made to the proposed compulsory acquisition of land, the land in respect of which an objection is duly made by any of the persons upon whom notices of the making of the order are required to be served shall not be acquired compulsorily unless the Board makes an order to confirm the compulsory purchase order, unless:—

(a) the objection is withdrawn, or

(b) the Board is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed.

The Board cannot, however, confirm the order in respect of the land until it has caused to be held an oral hearing into the objection and until it has considered the objection and the report of the person who held the oral hearing.

5. Any objection to the order must state in writing the grounds of objection and be sent addressed to An Bord Pleanála at Floor 3, Blocks 6 & 7, Irish Life Centre, Lower Abbey Street, Dublin 1, so as to reach the said Board before the __________________ day of __________________ , 20 ______ .

6. An environmental impact statement has been prepared in respect of the development which it is proposed to carry out on the land. Copies of the environmental impact statement are available for inspection or purchase at the offices of the local authority at ______________________________ Submissions or observations in relation to the effects on the environment of the proposed development may be made in writing to the Board before _________________. Evidence in relation to the likely effects on the environment of the proposed development may also be heard at the oral hearing, if any. (1)

7. The Board, if it thinks fit, may in one or more stages annul the compulsory purchase order or confirm the order, with or without modification.

8. If no objection is received to the proposed compulsory acquisition of land, the objection is withdrawn or the Board is satisfied that the objection relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation may have to be assessed, the Board shall inform the local authority, which may then confirm the order with or without modification, or refuse to so confirm it.

9. If land to which the order, as confirmed by either the Board or the local authority, relates is acquired by the local authority, compensation for the land will be assessed in respect of the acquisition as the value of the land at the date that the relevant notice to treat is served.

10. In the opinion of the local authority, no part of the land in which you have an interest consists of a house or houses which is/are unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. If the land to which the order relates is acquired by the local authority, compensation will be assessed in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 (as applied by section 265(3) of the Planning and Development Act, 2000 ), subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

11. In the opinion of the local authority, the land/part of the land in which you have an interest consists of a house or houses which is/are unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense. If such land is acquired by the local authority, compensation will be assessed in accordance with Part I of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as the value of the land at the time the relevant notice to treat is served as a site cleared of buildings and available for development in accordance with all relevant statutory requirements, less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.

However, if the Board is of the opinion that a house described in the order as being unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense ought not to have been so described, it is required to annul the order in so far as it relates to the house or to modify it so as to authorise the local authority to acquire the house and to pay compensation for it in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919 as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , and the Local Government (Planning and Development) Act, 1963 (as applied by section 265(3) of the Planning and Development Act, 2000), subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

12. Any dispute in relation to compensation shall be referred to and be determined by a property arbitrator appointed under the Property Values (Arbitrations and Appeals) Act, 1960 .

13. A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the relevant notice to treat is served, send to the Secretary, the Reference Committee, Four Courts, Dublin, an application in writing for the nomination of a property arbitrator for the purpose of determining the compensation to be paid. The application should be made in accordance with the Property Values (Arbitrations and Appeals) Rules, 1961 ( S.I. No. 91 of 1961 ).

SCHEDULE

Dated this ____________________________________ day of _____________________________________ 20____.

_____________________________________________________________

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

1. In paragraph 5, the date before which objections are to reach the Board should be at least 21 days from the date of service of the notice.

2. Paragraph 6 should be deleted if not applicable. Authorities should have regard to the periods and times specified for the availability of environmental impact statements in respect of proposed development and the making of written submissions or observations in relation to the effects on the environment of the proposed development when completing this paragraph.

3. Paragraph 10 should be selected according to whether the land proposed to be acquired does or does not include a house or houses considered unfit for human habitation and not capable of being rendered so fit at reasonable expense. The other paragraph should be omitted.

4. In the Schedule the land should be described as in the Schedule to Form No. 8.

Form No. 9

FORM OF NOTICE OF THE CONFIRMATION BY AN BORD PLEANÁLA/THE LOCAL AUTHORITY OF A COMPULSORY PURCHASE ORDER MADE UNDER SECTION 76 OF AND THE THIRD SCHEDULE TO THE HOUSING ACT, 1966 , AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 , AS RESPECTS ALL OR PART OF THE LAND TO WHICH THE COMPULSORY PURCHASE ORDER RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000

_________________________________

COMPULSORY ACQUISITION OF LAND

____________________________________________________ (title of order).

An Bord Pleanála/____________________________ (name of local authority) has, on the __________________ day of __________________ , 20 , made a confirmation order confirming (with modifications) the above-named compulsory purchase order as respects the land described in the First Schedule hereto. The said order, as so confirmed, authorises the _________________________ (name of local authority) to acquire the said land compulsorily. A copy of the order as so confirmed and of the map referred to in it may be seen at all reasonable hours at _________________________ .

The order also authorises the local authority to extinguish the public right of way described in the Second Schedule hereto, by order made by them after they have acquired the said land.

The order, as so confirmed will become operative at the expiration of three weeks after the date of publication of this notice but if an application for judicial review of the decision of the Board under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) is duly made to the High Court within eight weeks of the date of publication of this notice in accordance with section 50 of the Planning and Development Act, 2000 , the court—

(a) may by interim order suspend the operation of the compulsory purchase order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings;

(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of the Housing Act, 1966 , as extended by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ) (as amended) or that the interests of the applicant have been substantially prejudiced by any requirement of the Housing Act, 1966 , as so extended and amended, not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.

FIRST SCHEDULE

SECOND SCHEDULE

Dated this __________________________________ day of ___________________________________ 20____.

_________________________________________________________

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

In the first paragraph, if the Board has confirmed the order, this should be stated. Otherwise the name of the housing authority should be inserted.

In the First Schedule, the land to which the confirmation order relates should be described as set out in the Schedule to the compulsory purchase order or by reference to boundaries (as in Form No. 8).

In the Second Schedule, such description as may be sufficient to identify the public right of way should be inserted.

Form No. 10

FORM OF VESTING ORDER

____________________________________________________________________

SECTION 10 OF LOCAL GOVERNMENT (NO. 2) ACT, 1960 SECTION 81 OF HOUSING ACT, 1996

__________________________________________________________________ (name of local authority)

VESTING ORDER

SERIAL NO. ___________________________________________ 1

WHEREAS the land described in the Schedule hereto and shown on the map attached hereto which said map has been marked __________________________ 2 and sealed with the seal of the __________________________ 3 (hereinafter referred to as “the housing authority”) is land to which the _________________________ 4 relates, and the said order has become operative in so far as it relates to the said land:

AND WHEREAS the local authority have, at least six months prior to the date of this order, entered on and taken possession of the said land in accordance with the powers conferred upon them by section 80 of the Housing Act, 1966 , as applied by section 10 of the Local Government (No. 2) Act, 1960 (as substituted by section 86 of the Housing Act, 1966 ):

AND WHEREAS—

(a) the several interests in the said land have not been conveyed or transferred to the local authority,

(b) the local authority consider that it is urgently necessary, in connection with the purposes for which they have been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the local authority have made a proper offer in writing to each person having an interest in the said land who has furnished sufficient particulars of his interest to enable to make a proper offer for such interest:

NOW THEREFORE the local authority in exercise of the powers conferred upon them by section 81 of the Housing Act, 1996, as applied by section 10 of the Local Government (No. 2) Act, 1960 , as substituted as aforesaid, hereby order that the said land shall, on the day of 20 , 5 VEST in the local authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way).

SCHEDULE 6

The official seal of the local authority was affixed hereto this ________________ day of ________________, 20, in the presence of:-

________________________________________________ 7

Manager

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 11

FROM OF RECEIPT TO BE GIVEN FOR PURCHASE MONEY OR COMPENSATION PAID PURSUANT TO PARAGRAPH (a) OR (b) OF ARTICLE 2 OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966

___________________ Order, 20 ___________________. 1

RECEIPT FOR PURCHASE MONEY OR COMPENSATION

I, _________________ of _________________ , being the ____________ 2 of the lands hereinafter mentioned, do hereby acknowledge that I have received from the ____________ 3 the sum of _____________, as the purchase money of or compensation for all my estate, right, title and interest in and to ALL THAT AND THOSE that parcel of land in ____________ 4 containing _____________________________ hectare, or thereabouts, authorised to be acquired by the said ________________________ 3 under the provisions of the Housing Act, 1966 , and distinguished in the Schedule to the above order and on the map referred to therein as No. ____________________________

Dated this ____________________________________ day of _____________________________________ 20,

SIGNED BY THE SAID

__________________________________________

(Signature)

in the presence of

Name of witness _______________________________________________

Address _______________________________________________

Occupation _______________________________________________

DIRECTIONS FOR COMPLETING THIS FORM

Form No. 12

FORM OF NOTICE OF THE APPROVAL BY AN BORD PLEANÁLA, UNDER SECTION 49 OF THE ROADS ACT, 1993 , OF A MOTORWAY SCHEME MADE UNDER SECTION 47 OF THE ROADS ACT, 1993 (AS AMENDED BY SECTION 4 OF THE ROADS (AMENDMENT) ACT, 1998 ) AS RESPECTS ALL OR PART OF THE LAND ETC. TO WHICH THE MOTORWAY SCHEME RELATES TO BE PUBLISHED IN ACCORDANCE WITH SECTION 78 (1) OF THE HOUSING ACT, 1966 , AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT, 2000 .

Compulsory Acquisition of Land etc.

___________________ (name of Motorway Scheme)

An Bord Pleanála (“the Board”) has by order dated the ____________________________ (date of order approving the Motorway Scheme) under section 49(3) of the Roads Act, 1993 , approved (specify” with modifications “if that is the case) ____________________________'s (name of local authority) ____________________________ (name of motorway scheme) and under section 52 (1) of the Roads Act, 1993 ____________________________ (name of local authority) are authorised to compulsorily acquire any land or any substratum of land or any rights in relation to land specified in the scheme as approved. A copy of the scheme as approved may be seen at ______________ between and ______________.

The Scheme as approved shall come into operation 3 weeks from the date of publication of this notice.

Under section 50 of the Planning and Development Act, 2000 , any person wishing to question the validity of the order must do so by means of an application for leave to apply for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) which must-

(a) be made within the period of 8 weeks from the date on which the decision under section 49 (3) of the Roads Act, 1993 was first published, unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and

(b) be made by motion on notice (grounded in the manner specified in Order 84 of the Rules of the Superior Courts in respect of an ex parte motion for leave) to the Board and the local authority concerned.

Such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the Board's Order of ____________________________ (date of order approving the Motorway Scheme) approving (specify “with modifications” if that is the case)_________'s (name of local authority)

_________________________________________________ (name of Motorway Scheme) is invalid or ought to be quashed and that the applicant has a substantial interest in the matter which is the subject of the application.

Dated this ____________________________________ day of _____________________________________ 20.

____________________________________

County Secretary or Town Clerk.

	GIVEN under the Official Seal of the Minister for the Environment and Local Government this 20th day of December, 2000.
	NOEL DEMPSEY,
	Minister for the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation of it.)

These Regulations prescribe the forms to be used by local authorities in connection with the compulsory purchase of land, by means of a compulsory purchase order under section 76 of and the Third Schedule to the Housing Act, 1966 . The Regulations replace the Housing Act (Acquisition of Land) Regulations, 1966, 1993 and 1998 in their entirety.

1. Insert full description of housing authority.

2. For definition of “house” see section 75 (d) of the Act.

3. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the second recital and sub-paragraph (1) of paragraph 2 of the order should be omitted, the Schedule should not be divided into parts and consequential changes should be made in the wording of the order.

4. Insert heading of map, which should be marked by a heading in the terms of the title of the order.

3. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the second recital and sub-paragraph (1) of paragraph 2 of the order should be omitted, the Schedule should not be divided into parts and consequential changes should be made in the wording of the order.

5. Insert suitable title.

6. The description of the persons in whose presence the seal is affixed should be stated e.g. “Lord Mayor”, “Chairman”, “Nominated Member” and “City Manager and Town Clerk”, “Manager”, etc.

1. If an environmental impact statement has been, or has been required to be, prepared in respect of the proposed development, this paragraph should be included.

2. In the Schedule the land should be described as in the order or by reference to boundaries, e.g. “The land to which the order relates is bounded as follows, on the north by ..................................... on the south by ............. on the east by ............. and on the west by ...............” or “The area to which the order relates is bounded by a line drawn as follows:— ......................................”

1. In paragraph 5, the date before which objections are to reach the Board should be at least 21 days from the date of service of the notice.

1. Vesting Orders should be numbered in serial order.

2. The map should be sealed and marked by a heading containing the name of the housing authority and a reference to the Vesting Order e.g. “Map referred to in Vesting Order Serial No. _________________________”.

3. Insert full description of housing authority.

4. Insert title of the relevant compulsory purchase order.

5. The vesting date must be not less than 21 days after the date of the Vesting Order.

6. The quantity, description and situation of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.

7. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).

1. Insert full description of local authority.

2. For definition of “house” see section 75 (d) of the Housing Act, 1966.

3. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the second recital and sub-paragraph (1) of paragraph 2 of the order should be omitted, the Schedule should not be divided into parts (save where provision is being made for the extinguishment of a public right of way, in which case the Schedule should be divided into two parts) and consequential changes should be made in the wording of the order.

4. The purposes for which the land is required should be fully and accurately stated.

5. Insert heading of map, which should be marked by a heading in the terms of the title of the order.

6. The reference to the extinguishment of the right of way should be omitted where not necessary. The rights of way which may be extinguished may be over the land to which the order relates, or any part of it, or over land adjacent to or associated with that land or any part of it.

3. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense the second recital and sub-paragraph (1) of paragraph 2 of the order should be omitted, the Schedule should not be divided into parts (save where provision is being made for the extinguishment of a public right of way, in which case the Schedule should be divided into two parts) and consequential changes should be made in the wording of the order.

7. Insert suitable title.

6. The reference to the extinguishment of the right of way should be omitted where not necessary. The rights of way which may be extinguished may be over the land to which the order relates, or any part of it, or over land adjacent to or associated with that land or any part of it.

8. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).

1. The purpose for which the land is required should be stated as in the Order.

2. References to the extinguishment of a public right of way and to the Second Schedule should be omitted if not applicable and consequential changes should be made in the wording of the notice.

3. If an environmental impact statement has been, or has been required to be, prepared in respect of the proposed development, this paragraph should be included.

4. In the first Schedule the land should be described as in the order or by reference to boundaries, e.g. “The land to which the order relates is bounded as follows, on the north by ............................................................ ..... , on the south by ....................................................... , on the east by ....................................................... , and on the west by ....................................................... , or “The area to which the order relates is bounded by a line drawn as follows ............................”.

5. Insert here such description as may be sufficient to identify the public right of way.

1. Vesting Orders should be numbered in serial order.

2. The map should be sealed and marked by a heading containing the name of the housing authority and a reference to the Vesting Order e.g. “Map referred to in Vesting Order Serial No. _________________________”.

3. Insert full description of housing authority.

4. Insert title of the relevant compulsory purchase order.

5. The vesting date must be not less than 21 days after the date of the Vesting Order.

6. The quantity, description and situation of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.

7. The description of the persons in whose presence the seal is affixed should be stated (see Direction 6 on Form No. 1).

1. Insert title of relevant compulsory purchase order.

2. Insert description by reference to interest held in land affected e.g. owner, limited owner, mortgage, etc.

3. Insert full description of housing authority or local authority.

4. Insert description and situation of land.

3. Insert full description of housing authority or local authority.