The Gazette 1946-49

SUB-SECTION (4) I/We certify that the person who becomes entitled to the entire beneficial interest in the property/each of the persons entitled to a beneficial interest in the property/is (a) an Irish citizen. (&) a person who is for the time being o fdinarily resident in the State and who was ordinarily resident in the State continuously during the three years immediately preceding the ijth day of October, 1947, (c) a body corporate incorporated in the State on or before the ijth day of October, 1947, (d) a body corporate incorporated outside the State which on or before the I5th day of October, 1947, has filed with the Registrar of Companies the documents and par ticulars mentioned in sub-section (i) of Section 274 of the Companies (Consolida tion) Act, 1908, («) a person lawfully carrying on a business which comes within the provisions of any paragraph of sub-section (i) of Section 9 of the Control of Manufactures Act, 1934 (No. 36 of 1934), or (/) a body corporate incorporated in the State after the ijthi day of October, 1947, where the issued shares in each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom is within one of paragraphs (a) to (e) of sub-section (4) of section 13 of the Finance (No. 2) Act 1947. N.B. The certificate under Sub-section (4) should be in respect of only one of the specified categories (a) to (/), unless the persons beneficially entitled fall within different categories, in which case the separate category for each person should be stated in the certificate. SUB-SECTION (6) (b) I/We certify that the person (each of the persons) becoming entitled to the entire beneficial interest in the property is related to the person or each of the persons immediately theretofore entitled to the entire beneficial interest in the property as a (a) lineal descendant, (b) brother, (c) sister, (d) lineal descendant of a brother or (e) lineal descendant of a sister. HOUSING (AMENDMENT) ACT, 1948 SECTION n : (i) After the coming into operation of this sub-section, a person shall not permit premises to be used as a multiple dwelling (whether or not

the premises are so used at such commencement or were previously so used) without the permission, in writing, of the housing authority in whose functional area the premises are situate and such permission shall not be unreasonably withheld. (2) A person who contravenes subsection (i) of this section shall be guilty of an offence under this section and shall be liable on summary con viction thereof to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a fine not exceeding five pounds for every day on which the offence is continued) or, at the discretion of the court, imprisonment for a term not exceeding six months or both such fine and imprison ment. (3) In this section the expression " multiple dwelling " means premises let in parts to form two or more dwellings. (4) Sub-section (i) of this section shall come into operation on the ist day of July, 1948. [SECTION 12 prescribes the conditions which may be attached by a housing authority to the granting of a permission for the purpose of Section 11 of the Act and confers a right of appeal to the Circuit Court against the refusal of a housing authority to grant such a permission.] SECTION 13 : (i) In ascertaining, for the purposes of Section n of this Act, whether premises are a multiple dwelling, a part of the premises which is the subject of a furnished letting shall be disregarded if, in the opinion of the housing authority, the rent thereof is greater than the rent which a person of the working classes would be likely to pay for the letting. (2) In subsection (i) of this section, the expression " furnished letting " means the letting of a dwelling at a rent which includes payments for board, attendance or the use of furniture, or for the supply to the dwelling of heat, hot water, fuel, electricity or any other commodity or for the rendering of any services in connection with the dwelling, unless, in the opinion of the housing authority the portion of the rent attributable to the dwelling alone equals or exceeds three quarters of the rent. * SECTION 32 : Unless the Minister shall in any particular case otherwise direct or agree, the costs payable by a housing authority in respect of the acquisition of land for the purposes of the Housing of the Working Classes Acts, shall be regulated as follows : (a) where such land is registered land within the meaning of the Registration of Title Acts, 1891 and 1942, by the provisions of the Land Registration Rules, 1937 ; (b) where such land is not registered land within the meaning of the Registration

55

Made with