S.I. No. 320 of 2001.

HOUSING ACT, 1966 (ACQUISITION OF LAND) (AMENDMENT) REGULATIONS, 2001.

Dublin

Prepared by the Stationery Office

S.I. No. 320 of 2001.

HOUSING ACT, 1966 (ACQUISITION OF LAND) (AMENDMENT) REGULATIONS, 2001.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 5 and 78 of 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 214 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) (Amendment) Regulations, 2001.

2.       In these Regulations -

“the Regulations of 2000” means the Housing Act, 1966 (Acquisition of Land) Regulations, 2000 ( No. 454 of 2000 ).

3.       Form No. 4 in the Schedule to these Regulations is hereby substituted for Form No. 4 in the Schedule to the Regulations of 2000.

4.       Form No. 9 set out in the Schedule to these Regulations is hereby substituted for Form No. 9 in the Schedule to the Regulations of 2000.

SCHEDULE

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)¹ has, on the __________________day of __________________, 20_______________, made a confirmation order confirming (with modifications)² 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 . It will become operative three weeks from the date of publication of this notice. A copy of the order as so confirmed and of the map referred to in it may be seen at all reasonable hours at ________________________.

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 ) may be 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 .

SCHEDULE³

Dated this_______________day of________________ 20_____.

County Secretary or Town Clerk.

___________________________

DIRECTIONS FOR COMPLETING THIS FORM

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 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 housing authority)¹ has, on the __________________day of__________________, 20______________, made a confirmation order confirming (with modifications)² 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. It will become operative three weeks from the date of publication of this notice. 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.²

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 ) may be 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 .

FIRST SCHEDULE³

SECOND SCHEDULE⁴

Dated this_______________day of________________ 20_____.

County Secretary or Town Clerk.

DIRECTIONS FOR COMPLETING THIS FORM

EXPLANATORY NOTE

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

These Regulations replace Forms 4 and 9 in the Housing Act, 1966 (Acquisition of Land) Regulations, 2000.

1. 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.

2. Delete as appropriate.

3. 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).

1. 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.

2. Delete as appropriate.

2. Delete as appropriate.

3. 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).

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