Housing Authorities
HOUSING ACT 1966
PART VII
Exercise and Default in Exercise of Functions under this Act
Section 109
Exercise by housing authority of functions under this Act outside functional area.
109.—(1) A housing authority may perform any of their functions under this Act outside their functional area.
(2) Where a housing authority intend to perform a function in the functional area of another housing authority, the authority by whom the function is intended to be performed and the other authority may make and carry out an agreement in relation to the function, and where an agreement is made under this section the parties to the agreement may terminate it at any time if they so agree.
(3) The making of an agreement under this section shall be a reserved function.
Annotations
Editorial Notes:
E208
Making of an agreement under section confirmed a reserved function (1.01.2002) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 ref. no. 46, S.I. No. 558 of 2001; as amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2) and (3), S.I. No. 214 of 2014.
E209
Restrictions on performance of reserved functions under section imposed (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014), in effect as per reg. 2.
Section 110
Committees.
110.—F78[…]
Annotations
Amendments:
F78
Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., S.I. No. 223 of 1992, subject to certain exceptions and transitional provisions in subss. (2)-(5).
Section 111
Failure of housing authority as respects performance of functions under Act.
111.—(1) Whenever the Minister is of opinion that a housing authority have failed to perform any of their functions under this Act, or have failed to perform any such function in a satisfactory manner, he may by order require the authority to perform the function, and the Minister may, if he thinks fit, specify in the order the manner in which or the time or times within which the function is to be performed or both such manner and such time or times, and if the authority fail to comply with such a requirement of the order or fail to comply with a requirement in a satisfactory manner, the Minister may by a further order invest himself with and perform such of the said functions of the authority as may be necessary to remedy the failure.
(2) Where the Minister is of opinion that it would be more convenient that any function under this Act which may be performed by him by virtue of an order under subsection (1) of this section, should be performed, whether generally or in a particular case, by a housing authority or by a person, he may—
(a) require the authority to perform the function,
(b) make an agreement with the person for the performance of the function by him on the Minister’s behalf,
and thereupon the function shall become performable by the authority or the person, as may be appropriate, as if the authority or the person, as the case may be, were the housing authority in respect of whose function under this Act the order was made.
(3) The Minister may by order vest in and transfer to a housing authority in respect of any of whose functions under this Act an order has been made under subsection (1) of this section any property, debt or liability acquired or incurred in the performance of the function by the Minister or on his behalf, and such property, debt or liability shall vest and attach accordingly.
(4) Nothing in this section shall be construed as enabling a person to acquire land otherwise than by agreement.
PART VIII
Miscellaneous
Section 112
Provision of technical assistance.
112.—A housing authority may provide technical assistance to persons purchasing or otherwise providing sites or reconstructing, enlarging, improving, purchasing or otherwise providing dwellings.
Section 113
Power to provide prizes or other incentives for the maintenance of houses, etc.
113.—For the purpose of encouraging the proper maintenance of houses, gardens, open spaces or amenities, a housing authority may, if they so think fit, provide such prizes in competitions or such other incentives as the authority may determine for the maintenance of the houses, gardens, open spaces, or amenities in their functional area or in a particular part of their functional area.
Section 114
Conditions to be complied with on letting of house for habitation.
114.—F79[…]
Annotations
Amendments:
F79
Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37(1) and sch., S.I. No. 223 of 1992.
Section 115
Prohibition on persons interested voting as members of housing authority or certain committees.
115.—(1) A person shall not vote as a member of a housing authority or any committee mentioned in section 110 of this Act upon any resolution or question which is proposed or arises in pursuance of this Act, if it relates to any house or other land in which he is beneficially interested and if, at the time of the vote on any such resolution or question, it is known to the person recording the vote that a member of the authority or committee is beneficially interested in any house or land to which the resolution or question relates, any vote of such member on the resolution or question shall be disregarded in determining the decision of the authority or committee on the resolution or question.
(2) A person to whom a dwelling provided under this Act is for the time being let by a housing authority, shall, for the purposes of this section, be deemed to be beneficially interested also in any other dwelling so provided and of which an authority are the owner.
(3) Any person who votes in contravention of this section shall—
(a) in case the person is a member of a housing authority or a member of a committee mentioned in section 110 of this Act—thereupon cease to be a member of the authority or the committee, as may be appropriate, and
(b) in case the person is a member of both a housing authority and such a committee—thereupon cease to be a member of both the authority and the committee,
and shall in either case be disqualified for being elected or chosen or being a member of the authority during the period which, but for the cessation of his membership under this section, would be the remainder of his term.
(4) Any person who votes in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.
(5) In case any person votes in contravention of this section or acts as a member of a housing authority or committee while disqualified for membership under this section, the fact of his giving the vote or so acting, as the case may be, shall not invalidate any resolution or proceeding of the authority or committee.
Section 116
Prosecutions and offences.
116.—(1) An offence under this Act may be prosecuted by the housing authority in whose functional area the offence is committed and in case the offence relates to a function being performed by or on behalf of the Minister under section 111 of this Act, or by a housing authority outside their functional area, the offence may be prosecuted by:
(a) in case the function is being performed by or on behalf of the Minister—the Minister,
(b) in case the function is being performed by a housing authority—that authority, or
(c) in case the function is being performed by a person—that person.
(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer or any person purporting to act in such capacity shall also be deemed to have committed the said offence and he as well as the body corporate shall be deemed to be guilty of the offence.
Section 117
Power of authorised person to enter on land.
117.—(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times for any purpose connected with this Act.
(2) Without prejudice to the generality of subsection (1) of this section, an authorised person may enter on land in accordance with the said subsection (1) for the purpose of—
(a) survey or valuation, in the case of any house, building or other land which the housing authority by whom the authorised person was appointed may be authorised to acquire for the purposes of this Act,
(b) survey and examination where it appears to the housing authority by whom the authorised person was appointed that survey or examination is necessary in order to determine whether any function under this Act ought to be performed in respect of any house, building or other land.
(3) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made.
(4) Before an authorised person enters under this section on any land, the housing authority 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.
(5) A person to whom a notice of intention to enter on land has been given under this section by the housing authority may, not later than fourteen days after the giving of such notice, apply, on notice to such authority, to the justice of the District Court having jurisdiction in the district court 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.
(6) 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.
(7) F80[Any person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000 and if the obstruction is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding £100.]
(8) In this section, “authorised person” means a person who is appointed by the housing authority to be an authorised person for the purposes of this section.
Annotations
Amendments:
F80
Substituted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(2), S.I. No. 223 of 1992.
Editorial Notes:
E210
The maximum fine of £1,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6, S.I. No. 662 of 2010. The maximum fine of £100 translates into a class E fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8, S.I. No. 662 of 2010.
Section 118
Certain dwellings to be deemed to be provided under this Act.
118.—(1) Dwellings of which a housing authority are the owner which—
(a) immediately before the commencement of this section were deemed, by virtue of section 16 of the Housing (Amendment) Act, 1954, to have been provided under the Housing of the Working Classes Acts, 1890 to 1958,
(b) immediately before the commencement of this section were deemed, by virtue of section 20 of the said Act, to have been provided under the Labourers Acts, 1883 to 1962, or
(c) are used by the authority for the purposes of this Act and which, apart from this section, would be dwellings not provided by the authority under this Act,
shall be deemed to be dwellings provided under this Act.
(2) A housing authority may, as respects a dwelling mentioned in subsection (1) of this section or a dwelling provided under this Act, certify that the dwelling is a dwelling so provided or a dwelling deemed to have been so provided, as may be appropriate, and in any proceedings a certificate issued by the authority under this subsection shall be prima facie evidence of the contents thereof and it shall not be necessary to prove any signature on the certificate.
Section 119
Small dwellings.
119.—Notwithstanding section 6 of this Act, where the ownership of a house has been acquired by means of an advance under the Small Dwellings Acquisition Acts and the advance with interest was not fully paid to the housing authority before the repeal of the said Acts, then—
(a) the provisions of the said Acts which by reason of the making of the advance had effect in any particular case immediately before such repeal shall as respects the case continue to have effect,
(b) the provisions of the said Acts in relation to the application of capital money and the keeping of separate accounts shall continue in force,
until the advance with interest has been fully repaid or the authority have by virtue of this section taken possession of or ordered and conducted a sale of the house and any requirement of the said provisions as to the payment of a sum to the proprietor or the disposal of the proceeds has been satisfied.
Section 120
Amendment of Housing of Working Classes Act, 1890.
120.—In the Housing of the Working Classes Act, 1890, any reference to a local authority shall be construed as a reference to a local authority within the meaning of this Act.
Section 121
Savings.
121.—(1) Notwithstanding section 6 of this Act, where a charging or other order, regulation, loan, advance (other than an advance mentioned in section 119 of this Act), letting or demand is made, or charge created, or condition imposed (including a condition imposed by or under statute other than the Small Dwellings Acquisition Acts), or lease, undertaking, notice or certificate is given or other thing is made, given or done under any enactment repealed by this Act, such hereinbefore mentioned matter or thing, if in force, recoverable or enforceable immediately before such repeal, shall—
(a) in so far as it could have been made, created, imposed, given or done under this Act, have effect as if it were, and be regarded as having been made, created, imposed, given or done under the corresponding provision of this Act, and
(b) in so far as it could not have been so made, created, imposed, given or done, continue to be in force, recoverable or enforceable, and the like proceedings may be taken thereon and the like consequences shall ensue as might have been taken or would have ensued if this Act had not been enacted.
(2) Without prejudice to the generality of subsection (1) of this section:
(a) where, before the repeal by this Act of the Labourers Acts, 1883 to 1962 (other than the Labourers Act, 1936), land is acquired by a housing authority for the purposes of those Acts, the following shall apply:
(i) the provisions of section 22 of the Labourers (Ireland) Act, 1906, shall continue to have effect in respect of the registration of the ownership of the land or any searches made or land certificate issued to the authority in respect of the land,
(ii) the provisions of section 23 of the said Act shall continue to have effect in respect of any agreement, deed, receipt or other instrument whereby the land is vested in the authority and issued under the said Acts;
(b) where, before the commencement of the said section 6, land is acquired by a housing authority under Part II of the Housing (Miscellaneous Provisions) Act, 1931, the provisions of subsection (1) of section 18 of that Act shall continue to apply as respects any public right of way over the land;
(c) where a house is, immediately before the commencement of the said section 6, a house appropriated under section 3 of the Housing (Amendment) Act, 1942, the provisions of the said section 3 shall continue to apply in relation to the house;
(d) the provisions of section 32 of the Act of 1952 and the amendment effected by section 19 of the Housing (Amendment) Act, 1954, shall continue to have effect.
(3) Notwithstanding subsection (1) of this section—
(a) the provisions of Part II of the Housing (Management and Letting) Regulations, 1950, shall continue to apply in relation to the letting of a dwelling to which the regulations applied immediately before the commencement of section 6 of this Act as if this Act other than section 60 had not been enacted,
(b) where, before the commencement of the said section 6, a compulsory purchase order is made by—
(i) a housing authority under section 37 of the Housing (Miscellaneous Provisions) Act, 1931, or section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932, or
(ii) a local authority under section 10 of the Act of 1960,
the provisions of any enactment which immediately before such commencement applied as respects the order, or the house, building or other land to which the order relates, or any right, title, interest or easement in or over such house, building or other land shall continue so to apply.
(4) Any acquisition, sale or lease of land by a housing authority effected before the 22nd day of July, 1952, which would be valid if effected by virtue of section 8 or 11 of the Housing (Ireland) Act, 1919, as amended by section 31 of the Act of 1952, shall continue to be deemed always to have been validly effected under the Housing of the Working Classes Acts and shall henceforth be deemed to have been validly effected under this Act.
(5) In this Act, “under this Act” when used in relation to any land, housing accommodation or other property or in relation to any other matter or thing and any other expression, describing any matter or thing by reference to this Act or to any provision of this Act, shall, save where the context otherwise requires, be construed as including a reference to any Act repealed by this Act or to the corresponding provision of any Act so repealed.
(6) Any document referring to any enactment repealed by this Act shall, save where the context otherwise requires, be construed as referring to the corresponding provisions of this Act.
(7) Nothing in this section shall be held to prejudice or affect the general application of section 20 of the Interpretation Act, 1937.
Schedule 1
FIRST SCHEDULE
Repeals
Section 6.
Session and Chapter or Number and Year
Short Title
Extent of Repeal
41 & 42 Vict., c. 52.
Public Health (Ireland) Act, 1878.
Sections 82 to 86 and sections 100 and 101.
44 & 45 Vict., c. 38.
Public Works Loans Act, 1881.
Section 11.
46 & 47 Vict., c. 60.
Labourers (Ireland) Act, 1883.
The whole Act.
48 & 49 Vict., c. 77.
Labourers (Ireland) Act, 1885.
The whole Act.
49 & 50 Vict., c. 59.
Labourers (Ireland) Act, 1886.
The whole Act.
53 & 54 Vict., c. 16.
Working Classes Dwellings Act, 1890.
The whole Act.
53 & 54 Vict., c. 70.
Housing of the Working Classes Act, 1890.
The whole Act except section 1 and the Second Schedule.
54 & 55 Vict., c. 48.
Purchase of Land (Ireland) Act, 1891.
Section 38.
54 & 55 Vict., c. 71.
Labourers (Ireland) Act, 1891.
The whole Act.
55 Vict., c. 7.
Labourers (Ireland) Act, 1892.
The whole Act.
56 & 57 Vict., c. 33.
Housing of the Working Classes Act, 1893.
The whole Act.
59 & 60 Vict., c. 11.
Housing of the Working Classes (Ireland) Act, 1896.
The whole Act.
59 & 60 Vict., c. 53.
Labourers (Ireland) Act, 1896.
The whole Act.
62 & 63 Vict., c. 44.
Small Dwellings Acquisition Act, 1899.
The whole Act.
3 Edw. 7, c. 37.
Irish Land Act, 1903.
Part IV and subsection (4) of section 100.
6 Edw. 7, c. 37.
Labourers (Ireland) Act, 1906.
The whole Act.
8 Edw. 7, c. 58.
Local Registration of Title (Ireland) Amendment Act, 1908.
The whole Act.
8 Edw. 7, c. 61.
Housing of the Working Classes (Ireland) Act, 1908.
The whole Act.
9 Edw. 7, c. 42.
Irish Land Act, 1909.
Sections 10 and 11.
1 & 2 Geo. 5, c. 19.
Labourers (Ireland) Act, 1911.
The whole Act.
4 & 5 Geo. 5, c. 32.
Labourers (Ireland) Act, 1914.
The whole Act.
4 & 5 Geo. 5, c. 52.
Housing (No. 2) Act, 1914.
The whole Act.
4 & 5 Geo. 5, c. 71.
Housing (No. 2) (Amendment) Act, 1914.
The whole Act.
6 & 7 Geo. 5, c. 12.
Local Government (Emergency Provisions) Act, 1916.
Subsection (4) of section 13.
8 & 9 Geo. 5, c. 20.
Labourers (Ireland) Act, 1918.
The whole Act.
9 & 10 Geo. 5, c. 45.
Housing (Ireland) Act, 1919.
The whole Act except sections 31, 35, 36 and the Third Schedule.
9 & 10 Geo. 5, c. 55.
Labourers (Ireland) Act, 1919.
The whole Act.
9 & 10 Geo. 5, c. 99.
Housing (Additional Powers) Act, 1919.
The whole Act.
10 & 11 Geo. 5, c. 61.
Public Works Loans Act, 1920.
Sections 2 and 5.
11 & 12 Geo. 5, c. 19.
Housing Act, 1921.
The whole Act.
No. 14 of 1924.
Housing (Building Facilities) Act, 1924.
The whole Act.
No. 54 of 1924.
Housing (Building Facilities) (Amendment) Act, 1924.
The whole Act.
No. 12 of 1925.
Housing Act, 1925.
The whole Act.
No. 31 of 1928.
Housing Act, 1928.
The whole Act.
No. 12 of 1929.
Housing Act, 1929.
The whole Act.
No. 22 of 1930.
Housing Act, 1930.
The whole Act.
No. 50 of 1931.
Housing (Miscellaneous Provisions) Act, 1931.
The whole Act.
No. 19 of 1932.
Housing (Financial and Miscellaneous Provisions) Act, 1932.
The whole Act.
No. 30 of 1934.
Housing (Financial and Miscellaneous Provisions) Act, 1934.
The whole Act.
No. 13 of 1936.
Housing (Financial and Miscellaneous Provisions) (Amendment) Act, 1936.
The whole Act.
No. 24 of 1936.
Labourers Act, 1936.
Sections 4, 8, 9, 10, 12 and 18; paragraph (e) of subsection (5) of section 24; in paragraph (a) of subsection (2) of section 27 the words “(in this subsection referred to as the consolidated holding)”; paragraph (c) of that subsection; subparagraph (iii) of paragraph (d) of that subsection.
No. 42 of 1937.
Housing and Labourers Act, 1937.
Part II and Schedule.
No. 3 of 1939.
Housing (Amendment) Act, 1939.
The whole Act.
No. 10 of 1940.
Housing (Amendment) Act, 1940.
The whole Act.
No. 12 of 1940.
County Management Act, 1940.
Paragraph 11 of the Second Schedule.
No. 18 of 1941.
Housing (Amendment) Act, 1941.
The whole Act.
No. 15 of 1942.
Housing (Amendment) Act, 1942.
The whole Act.
No. 1 of 1944.
Housing (Amendment) Act, 1944.
The whole Act.
No. 2 of 1946.
Housing (Amendment) Act, 1946.
The whole Act.
No. 1 of 1948.
Housing (Amendment) Act, 1948.
The whole Act.
No. 23 of 1949.
Housing (Amendment) Act, 1949.
The whole Act.
No. 25 of 1950.
Housing (Amendment) Act, 1950.
The whole Act.
No. 16 of 1952.
Housing (Amendment) Act, 1952.
The whole Act.
No. 16 of 1954.
Housing (Amendment) Act, 1954.
The whole Act.
No. 31 of 1956.
Housing (Amendment) Act, 1956.
The whole Act.
No. 11 of 1957.
Small Dwellings Acquisition Act, 1957.
The whole Act.
No. 27 of 1958.
Housing (Amendment) Act, 1958.
The whole Act.
No. 13 of 1960.
Housing (Amendment) Act, 1960.
The whole Act.
No. 27 of 1962.
Housing (Loans and Grants) Act, 1962.
The whole Act.
No. 24 of 1965.
The Labourers Act, 1965.
The whole Act.
Schedule 2
SECOND SCHEDULE
Matters to which a Housing Authority are to have Regard in Considering Whether a House is Unfit for Human Habitation.
Section 66.
1.
Stability;
2.
Resistance to spread of fire;
3.
Safety of staircases and common passages including the state of paving in any yard or open space appurtenant to the house;
4.
Resistance to moisture;
5.
Resistance to transmission of heat;
6.
Resistance to transmission of sound;
7.
Resistance to infestation;
8.
Water supply, sanitary arrangements and drainage;
9.
Air space and ventilation;
10.
Natural and artificial lighting;
11.
Facilities for preparing, storing and cooking food;
12.
The extent to which the house does not comply with any standard or requirement (other than a standard or requirement relating to any matter hereinbefore mentioned) of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963.
Schedule 3
Housing Act 1988
Housing Act 1988
An Act to amend and extend the Housing Acts, 1966 to 1979, to amend the Vagrancy Act, 1824, and the City and County Management (Amendment) Act, 1955, and to provide for certain other matters in relation to housing and in relation to the discharge of mortgages.
[13th July, 1988]
BE IN ENACTED BY THE OIREACHTAS AS FOLLOWS:
1. Interpretation.
(1) In this Act, save where the context otherwise requires—
“the Act of 1979” means the Housing (Miscellaneous Provisions) Act, 1979;
“assurance company” has the meaning assigned to it by the Insurance Acts, 1909 to 1985;
“bank” means the holder of a licence under section 9 of the Central Bank Act, 1971, or a trustee savings bank certified under the Trustee Savings Banks Acts, 1863 to 1979;
“company” means a company within the meaning of section 2 of the Companies Act, 1963, or a company incorporated outside the State;
“credit union” means a society which is registered as a credit union under the Industrial and Provident Societies Acts, 1893 to 1978, by virtue of the Credit Union Act, 1966;
“house” has the meaning assigned to it by the Act of 1979;
“mortgage” means any instrument of mortgage or charge given as security for a loan and cognate words shall be construed accordingly;
“the Principal Act” means the Housing Act, 1966.
(2) In this Act, reference to a section is to a section of this Act and reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment or provision, as may be appropriate, is intended.
(3) References in the Housing Acts, 1966 to 1979, to a grant, loan, subsidy or contribution under those Acts shall be construed as including references, respectively, to a grant, loan, subsidy or contribution under this Act.
(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
6. Expenses of social workers.
The Minister may, with the consent of the Minister for Finance, recoup, out of moneys provided by the Oireachtas, all or part of the salaries and other expenses incurred by a housing authority or other body approved of by the Minister for the purposes of this section in the employment of social workers or in the engagement of the services of such workers in connection with the accommodation of persons to whom section 13 applies.
7. Validation.
Where—
(a) a grant under section 7 of the Act of 1979 (as amended by section 26) was paid by the Minister on or after the 10th day of April, 1981, but before the commencement of the said section 26, or
(b) a grant, loan, subsidy, contribution or other form of assistance was paid by the Minister or a housing authority, being a grant, loan, subsidy, contribution or assistance specified in a provision of this Act mentioned in column (2) of the Table to this section at any reference number in column (1) of that Table, on or after the date specified in column (3) of that Table at that reference number but before the commencement of that provision, and
(c) in any case mentioned in paragraph (a) or (b) the grant, loan, subsidy, contribution or assistance would have been valid and effectual if it has been paid after the commencement of the said section 26 or that provision (as the case may be),
the grant, loan, subsidy, contribution or assistance shall be as valid and effectual as if it has been paid after such commencement.
TABLE
Reference Number (1)
Provision of this Act (2)
Date (3)
1
Section 3
10th April, 1981
2
Section 4
2nd October, 1984
3
Section 5 (1)
1st March, 1984
4
Section 5 (4)
10th April, 1981
5
Section 15
2nd October, 1984
8. Estimate of housing requirements.
(1) A housing authority shall, within one year of the commencement of this section and thereafter at any time that appears to them expedient, and shall, as may, from time to time, be directed by the Minister, make as respects their functional area an estimate of—
(a) the existing housing requirements, and
(b) the prospective housing requirements over such period as the Minister may direct or, in the absence of such direction, as the authority see fit,
and shall cause a report thereon to be prepared and adopted by the authority.
(2) In making an estimate of housing requirements in accordance with subsection (1), a housing authority shall have regard to—
(a) information (derived from any survey of all or a sample of the housing in the area or otherwise as the authority see fit) in relation to the housing conditions in the area, including the number of houses which are in any respect unfit or unsuitable for human habitation, are overcrowded, are shared involuntarily or are expected (through obsolescence, demolition or conversion to other uses) to be lost to the supply of housing over the period to which the estimate relates,
(b) the extent to which there are persons who are homeless or living in temporary or movable accommodation,
(c) expected changes in the size and structure of the population of the area,
(d) the prospective housing requirements of persons residing outside the functional area of the authority to such extent (if any) as the authority consider appropriate,
(e) such other information as the authority consider relevant, and
(f) such other matters as the Minister may, from time to time, direct.
(3) An estimate and report under subsection (1) shall be prepared in such manner, and the report shall contain such information, as the Minister may, from time to time, direct.
(4) A housing authority owning houses in the functional area of another housing authority shall, on request in connection with the making of an estimate under subsection (1), provide to that other authority such information on the houses so owned as is required in relation to the matters specified in subsection (2)(a).
(5) A housing authority may, with the agreement of another housing authority, and shall, if so directed by the Minister, make an estimate and cause a report to be prepared under subsection (1) in respect of the whole or part of the functional area of that other authority and may include in a report an estimate prepared by that other authority.
(6) The adoption under this section of a report shall be a reserved function.
18. Discharge of mortgage.
(1) Where, in relation to unregistered land within the meaning of the Registration of Title Act, 1964, all moneys secured by a mortgage have been fully paid or discharged, a housing authority shall, and any other mortgagee (not being a building society) may, endorse on or annex to, such mortgage either a reconveyance of the mortgaged property to the owner of the equity of redemption (or to such persons and to such uses as such owner may direct) or a receipt under the seal of the housing authority or other mortgagee (as the case may be).
(2) Where, in relation to registered land within the meaning of the Registration of Title Act, 1964, all moneys secured by a mortgage have been fully paid or discharged, a housing authority shall, and any other mortgagee (not being a building society) may, issue to the registered owner of the land a receipt under the seal of the housing authority or other mortgagee (as the case may be) which shall, for the purposes of section 65 of that Act, be sufficient proof of the satisfaction of the mortgage.
(3) A receipt under this section shall operate to vacate the mortgage and shall, without any reconveyance or re-surrender, vest the estate of and in the property comprised in the mortgage in the person for the time being entitled to the equity of redemption.
(4) Where a mortgage has been registered in the Registry of Deeds established by the Registration of Deeds Act, 1707, the Registrar under that Act shall, on production of a receipt under subsection (1), make an entry opposite the entry of the mortgage to the effect that the mortgage is satisfied and shall grant a certificate (either on the mortgage or separately) to the like effect.
(5) A certificate under subsection (4) shall be received in evidence in all courts and proceedings without any further proof, and an entry under that subsection shall have the effect of clearing the register or record of the relevant mortgage.
(6) Repealed by s.4 and Sch.1 of the Registration of Deeds and Title Act 2006 (No. 12 of 2006).
19. Application of certain sections of Part II of Principal Act.
(1) section 10 of the Principal Act shall apply to any sum due under the Housing Acts, 1966 to 1988, by the Minister to a person (including a housing authority) from whom another sum is due to the Minister as that section applies to sums due by and to a housing authority.
(2) Any reference in section 34, 35, 36 or 38 of The Principal Act to a grant shall be deemed to include reference (as may be appropriate) to a grant, subsidy or other form of assistance under the Housing Acts, 1966 to 1988, and those sections shall be construed accordingly.
(3) Section 38 of the Principal Act shall, with the consent of the Minister and with any necessary modifications, apply to a grant, subsidy or other form of assistance by a housing authority under the Housing Acts, 1966 to 1988, as it applies to a grant referred to in that section.
(4) Section 38 of the Principal Act shall apply to a grant, subsidy or other form of assistance by the Minister under the Housing Acts, 1966 to 1988, where a certificate of approval was issued by an officer of a housing authority, and the said section 38 shall be construed and have effect as if the reference therein to “an officer of the Minister included a reference to “an officer of a housing authority”.
23. Repeal of section 13 of Act of 1979 and consequential provisions.
(1) Section 13 of the Act of 1979 is hereby repealed.
(2) Notwithstanding the repeal of section 13 of the Act of 1979 effected by subsection (1), the following provisions shall have effect, that is to say:
(a) where an application to purchase a house has been received from the tenant thereof by a housing authority on or before the 31st day of December, 1987, and the housing authority have vested or propose to vest the house in the said tenant on the terms applicable to the sale of the house at the date of receipt of such application, the provisions of the said section 13 shall continue in force in respect of that house;
(b) the Minister may by order designate an officer of the Minister to carry out all or such of his functions under the said section 13 as may be specified in the order in respect of a house referred to in paragraph (a);
(c) the Minister may by order amend or revoke an order made under this subsection (including this paragraph).
(3) Subsection (2) shall cease to have effect on such day as may be prescribed.
29. Offences.
(1) Any person—
(a) who, on being requested by a housing authority to furnish information to the authority in connection with the exercise of their duties and functions under section 9, 10 or 11, gives information which he knows to be false or misleading or fails to supply information which he knows to be material, or
(b) for whom accommodation, lodgings or assistance are being made available by virtue of section 10(1) and who fails to inform the housing authority of any material change in his circumstances while remaining in occupation of the accommodation or lodgings or in receipt of the assistance,
shall be guilty of an offence and shall be liable on summary conviction to a [class C fine].
30. Repeals.
(1) The enactments specified in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.
(2) A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, insofar as it could have been made under a corresponding provision of this Act, continue in force after such commencement as if it had been made under the corresponding provision of this Act and may be amended or revoked accordingly.
31. Short title, construction, collective citation and commencement.
(1) This Act may be cited as the Housing Act, 1988.
(2) The Housing Acts, 1966 to 1979, and this Act (other than sections 27 and 28) may be cited together as the Housing Acts, 1966 to 1988, and shall be construed together as one Act.
(3) The County Management Acts, 1940 to 1985, and section 27 may be cited together as the County Management Acts, 1940 to 1988.
(4) The Cork City Management Acts, 1929 to 1971, and section 27 may be cited together as the Cork City Management Acts, 1929 to 1988.
(5) The Local Government (Dublin) Acts, 1930 to 1985, and section 27 may be cited together as the Local Government (Dublin) Acts, 1930 to 1988.
(6) The Limerick City Management Acts, 1934 to 1971, and section 27 may be cited together as the Limerick City Management Acts, 1934 to 1988.
(7) The Waterford City Management Acts, 1939 to 1971, and section 27 may be cited together as the Waterford City Management Acts, 1939 to 1988.
(8) The Vagrancy Act, 1824 (as applied to Ireland by section 15 of the Prevention of Crimes Act, 1871), and section 28 may be cited together as the Vagrancy Acts, 1824 and 1988.
(9) This Act (other than section 12) shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.
Housing (Miscellaneous Provisions) Act 1992
23. Definition of housing authority and transfer of functions.
[(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference to a local authority and references to the functional area of a housing authority shall be construed accordingly;]
(2) [ …]
(3)
(a) The Minister may, by order, as respects any function of a housing authority within the meaning of subsection (1) [ … ] which he considers could be performed more effectively or appropriately by a local authority, other than the housing authority concerned, transfer the function to the said local authority.
(b) In relation to a housing authority to whom a function is transferred in accordance with paragraph (a), an order under this subsection shall specify whether the authority shall, as respects the functional area of the authority from whom the function is transferred, perform the function separately from or as one with the functional area of the first mentioned authority.
(c) An order under this subsection may make provision in relation to the charging of expenses in relation to a function transferred pursuant to paragraph (a).
(d) The Minister may be order amend or revoke an order made under this subsection, including an order made under this paragraph.
(4) The Principal Act is hereby amended by the deletion of the definition of “housing authority” in subsection (1) of section 2.
[(5) [ … ]
33. Increase in fines, etc.
(1)
(a) Any person convicted of an offence for which a fine is provided under a provision referred to in paragraph (b) shall, in lieu of that fine, be liable to a fine not exceeding €1,269.74 [£1,000] and those sections shall be construed and have effect accordingly.
(b) The provisions to which paragraph (a) relates are as follows:
(i) in the Principal Act, sections 3(5), 4(2) and 61(2), subsection (7) (inserted by the Housing Act, 1970) of section 62, section 64(2), subsections (3) and (4) of section 65, section 67(3), subsections (1), (2) and (3)(b) of section 68 and subsections (1)(a) and (2) of section 69, and
(ii) in the Act of 1988, section 29(1).
34. Offences.
[(1) Any person who—
(a) by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or contravenes a provision of, or a regulation made under, section 17, 18 or 20, or
(b) fails to comply with an improvement notice, or
(c) re-lets a house in breach of a prohibition notice, shall be guilty of an offence and shall be liable, on summary conviction, to a [class A fine] or imprisonment for a term not exceeding 6 months or both and if the obstruction, contravention, failure to comply or re-letting is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction, contravention, failure to comply or re-letting continues and for each such offence shall be liable, on summary conviction, to a [class E fine].]
(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted at any time within two years after the date of the offence.
[(3) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the housing authority, the costs and expenses, measured by the court, incurred by the housing authority in relation to the investigation, detection and prosecution of the offence.]
35. Validation of certain payments.
Where—
(a) a subsidy, being a subsidy specified in section 4 or 7, has been paid by the Minister or a housing authority or a recoupment, being a recoupment specified in section 4,5 or 7, has been made by the Minister to a housing authority, on or after the 14th day of February, 1991, but before the commencement of section 4,5 or 7, as the case may be and
(b) the subsidy or recoupment would have been valid and effectual if it had been paid or made after such commencement.
then the subsidy or recoupment shall be valid and effectual, and be deemed always to have been valid and effectual, as if it had been paid or made after such commencement.
36. Expenses of housing authorities.
The expenses of the council of a county in relation to the performance of a function under the Housing Acts, 1966 to 1992, shall be charged—
(a) in case the function is performed separetely in respect of a county health district, on that county health district,
(b) in case the function is performed as one in respect of a combined area of a county health district and one, or more than one, borough or urban district in the county, on such combined area,
(c) in case the function is the subject of an order under section 23, pursuant to the provisions of such order.
37. Repeals and savings.
(1) Each enactment specified in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule opposite the enactment so specified.
(2) Any repeal of enactments effected by this section shall not affect any provision of a loan agreement or mortgage contract, or the enforcement thereof, entered into by a housing authority under a provision being repealed.
(3) Notwithstanding subsection (2), if a housing authority think fit and with the agreement of the person to whom the loan was made or his successor in title, the authority may, in relation to a loan made under a provision being repealed by virtue of this section, apply the provisions of regulations made pursuant to section 11(13)(r) to such loan.
(4) Notwithstanding any repeal effected by this section the provisions of the relevant enactment shall continue in force and have full effect in relation to a loan made by a housing authority under a provision being repealed.
(5) A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, in so far as it could have been made under a corresponding provision of this Act, continue in force after such commencement and be deemed to have been made under the corresponding provision of this Act and may be amended or revoked accordingly.
38. Short title, construction, collective citation and commencement.
(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1992.
(2) The Housing Acts, 1966 to 1988, and this Act, other than subsections (3) (4) and sections 29 and 30 may be cited together as the Housing Acts, 1966 to 1992, and shall be construed together as one Act.
(3) The Housing Finance Agency Acts, 1981 to 1988, this subsection and sections 14, 15 and 29 may be cited together as the Housing Finance Agency Acts, 1981 to 1992, and shall be construed together as one Act.
(4) The Building Societies Act 1989, this subsection and section 30 may be cited together as the Building Societies Acts, 1989 and 1992, and shall be construed together as one Act.
(5) This Act shall come into operation on such day or days as may be fixed by order or orders of the Minister under this section, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
Section 22
Housing (Miscellaneous Provisions) Act, 1997
Housing loans.
22.—Section 11 (5) to (12) and (14) of the Housing (Miscellaneous Provisions) Act, 1992, shall apply and be deemed always to have applied, to a loan made by a housing authority in accordance with terms and conditions approved of for the purposes of section 5 (2) of the Housing Finance Agency Act, 1981, by the Minister for the Environment and the Minister for Finance.
Annotations
Modifications (not altering text):
C3
Functions under section transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3(a) and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
…
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
Schedule 1 Enactments
…
Part 2 1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 21 of 1997
Housing (Miscellaneous Provisions) Act 1997
Section 22
…
…
…
Section 23
Amendment of section 3 of Housing Act, 1966.
23.—Section 3 (1) of the Housing Act, 1966, is hereby amended by the substitution of the following paragraph for paragraph (c):
“(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address or, where such registered letter is returned undelivered to the sender, by ordinary prepaid post;”.
Section 24
Short title, collective citation, construction and commencement.
24.—(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1997.
(2) The Housing Acts, 1966 to 1992, and this Act, other than subsection (3) and sections 16 and 17, may be cited together as the Housing Acts, 1966 to 1997, and shall be construed together as one Act.
(3) The Social Welfare Acts and sections 16 and 17 shall be construed together as one Act.
(4) This Act shall come into operation on such day or days as may be fixed by order of the Minister for the Environment under this section, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
Annotations
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002
REVISED
Updated to 12 September 2018
AN ACT TO PROVIDE FOR THE MAKING AVAILABLE, AND RESALE, OF AFFORDABLE HOUSES, TO PROVIDE FOR THE PURCHASE OF THE INTEREST OF A HOUSING AUTHORITY IN A HOUSE WHICH IS SUBJECT TO A SHARED OWNERSHIP LEASE AND THE SALE OF SUCH A HOUSE, TO PROVIDE FOR THE MAKING OF GRANTS IN RESPECT OF NEW HOUSES AND TO APPROVED BODIES, TO PROVIDE FOR THE GIVING OF CERTAIN INFORMATION BY MORTGAGE LENDERS TO THE MINISTER, TO EXTEND THE POWERS AND INCREASE THE BORROWING LIMIT OF THE HOUSING FINANCE AGENCY, TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1998, THE FINANCE ACT, 1970, THE HOUSING FINANCE AGENCY ACT, 1981, TO AMEND THE HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982, THE BUILDING SOCIETIES ACT, 1989, THE NATIONAL TREASURY MANAGEMENT AGENCY ACT, 1990, THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994, AND THE DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997, AND TO PROVIDE FOR RELATED MATTERS. [10th April, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1
Preliminary and General
Section 1
Short title and commencement.
1.—(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 2002.
(2) The Housing Acts, 1966 to 1998, and this Act, other than sections 17 to 20, 22, 23 and 24 and Schedules 2 and 3, may be cited together as the Housing Acts, 1966 to 2002, and shall be read together as one Act.
(3) This Act, other than section 12, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions or for the repeal of different enactments effected by section 4.
Section 2
Interpretation.
2.—(1) In this Act, except where the context otherwise requires—
“Act of 1992” means the Housing (Miscellaneous Provisions) Act, 1992;
“house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and “housing” shall be read accordingly;
“housing authority” has the meaning assigned to it by section 23 (as amended by section 16) of the Act of 1992;
“Minister” means the Minister for the Environment and Local Government;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“Principal Act” means the Housing Act, 1966.
(2) In this Act—
(a) a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,
(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
(c) a reference to any other enactment shall, unless the context otherwise requires, be read as a reference to that enactment as amended by or under any other enactment, including this Act.
Section 3
Regulations.
3.—(1) The Minister may make regulations—
(a) prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations, or
(b) for the purposes of, and for the purposes of giving full effect to, this Act.
(2) Regulations made under this Act may—
(a) include any incidental, supplemental and consequential provisions that appear to the Minister to be necessary or expedient, or
(b) apply either generally or to a specified class or classes of persons or to any other matter that the Minister may consider to be appropriate and include different provisions in relation to different classes of persons.
(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation.
Section 4
Repeals.
4.—Each enactment specified in column (2) of Schedule 1 is repealed to the extent specified in column (3) of that Schedule.
Section 13
Provision of information to Minister by mortgage lenders.
13.—(1) In this section “mortgage lender” has the same meaning as in the Central Bank Act, 1997.
(2) The Minister may, from time to time, in the interests of consumer protection or for the purposes of his or her functions in relation to housing or the development and co-ordination of housing policy or relevant financial and economic policies, require mortgage lenders to provide to the Minister such information as the Minister specifies, including the following:
(a) in respect of a person to whom a mortgage lender has granted approval for a mortgage or granted a mortgage, his or her age, gender, F5[civil status within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] and income level, the nature of his or her employment and whether the person is a first time buyer;
(b) the purpose, amount, type and term of the mortgage and the applicable rate of interest;
(c) the price, age, size and type of house in respect of which a mortgage is sought and its location by reference to the relevant country or, where the house is located in the State, the relevant county or postal district.
(3) The information referred to in subsection (2)—
(a) shall be provided at the times and in the form and manner that the Minister requires, and
(b) shall not include information that directly identifies or may identify a person and, in particular, it shall not include the names, dates of birth or addresses of persons in respect of whom information is requested or provided.
(4) (a) Subject to subsection (5), where information is provided to the Minister under this section, the information shall not be disclosed by any person receiving, inputting, storing, managing, processing, analysing, accessing or using the information, except in accordance with any arrangements that may be made by the Minister with the mortgage lenders concerned.
(b) Information that is provided to the Minister under this section or that is derived from an analysis of such information shall not be disclosed where it directly or indirectly identifies or may identify a person or mortgage lender.
(5) Subsection (4) shall not apply to a disclosure of information which is required by or under any enactment or by a rule of law or order of a court.
(6) The Freedom of Information Act, 1997, is amended in Part I of the Third Schedule by inserting—
(a) in column (1), “No. — of 2002”,
(b) in column (2), “Housing (Miscellaneous Provisions) Act, 2002”, and
(c) in column (3), “Section 13”.
Annotations
Amendments:
F5
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch., S.I. No. 648 of 2010.
Modifications (not altering text):
C13
Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.
Enactments relating to non-disclosure of records.
41.—(1) A head shall refuse to grant an FOI request if—
(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or
…
SCHEDULE 3
Enactments Excluded from Application of Section 41
Part 1
Statutes
Number and Year
(1)
Short Title
(2)
Provision
(3)
…
…
…
No. 9 of 2002
Housing (Miscellaneous Provisions) Act 2002
Section 13
…
…
…
Housing (Miscellaneous Provisions) Act 2009
PART 1
PRELIMINARY AND GENERAL
Section 1
Short title, collective citation, construction and commencement.
1.— (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2009.
(2) The Housing Acts 1966 to 2004 and this Act (other than section 100) may be cited together as the Housing Acts 1966 to 2009 and shall be construed together as one Act.
(3) Section 100 and, in so far as it relates to that section, this section shall be construed as one with the Residential Tenancies Acts 2004 and 2009 and shall be included in the collective citation “Residential Tenancies Acts 2004 and 2009”.
(4) This Act (other than section 100) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, including the application of section 7 or 8 to different enactments specified in Schedule 1 or Schedule 2 and to different provisions of those enactments.
Annotations
Editorial Notes:
E1
Power pursuant to subs. (4) exercised (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018).
3. The 12th day of September 2018 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 7 and Schedule 1, insofar as they apply to the repeal of—
(i) sections 2 and 3 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992),
(ii) sections 98, 99 and 100 of the Planning and Development Act 2000 (No. 30 of 2000), and
(iii) sections 6, 8, 9 and 10 of the Housing (Miscellaneous Provisions) Act 2002 (No. 9 of 2002);
(b) Section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 2 of that Schedule, as respects sections 4(2) and 5 of the Housing Finance Agency Act 1981 (No. 37 of 1981),
(ii) Part 5 of that Schedule, as respects section 14 of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997) insofar as it is not already in operation, and
(iii) Part 7 of that Schedule, as respects—
(I) section 93 (other than in relation to the definition of “housing strategy”),
(II) section 94 insofar as it is not already in operation, and
(III) section 96 insofar as it is not already in operation,
of the Planning and Development Act 2000 (No. 30 of 2000).
E2
Power pursuant to subs. (4) exercised (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2018 (S.I. No. 206 of 2018).
2. The 18th day of June 2018 is appointed as the day on which Part 5, other than section 79(4), of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.
E3
Power pursuant to section exercised (29.09.2014) by Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 32(5A)) Order 2014 (S.I. No. 429 of 2014).
2. The date of the making of this Order is appointed as the day on which subsection (5A) of section 32 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.
E4
Power pursuant to section exercised (15.09.2014) by Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 20(5)) Order 2014 (S.I. No. 405 of 2014).
2. The 15th day of September 2014 is appointed as the day on which subsection (5) of section 20 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.
E5
Power pursuant to section exercised (1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2011 (S.I. No. 680 of 2011).
3. The 1st day of January 2012 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 3 of that Schedule, as respects section 12 of the Housing Act 1988 (No. 28 of 1988), and
(ii) Part 5 of that Schedule as respects subsection (2) of section 14 (insofar as it applies to a refusal to sell a dwelling under paragraph (ii), to a tenant, in the case of Part 4 of the Act of 2009) of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);
(b) section 33, insofar as it applies to the following provisions of the Act of 2009 referred to in subsection (1)(a)—
(i) subsection (4) of section 75, and
(ii) subsection (5) of section 76;
(c) other than paragraph (a) of subsection (9) of section 64, Part 4;
(d) schedule 4.
E6
Power pursuant to section exercised (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2011 (S.I. No. 83 of 2011).
2. The 1st day of April 2011 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) come into operation:
(a) section 7 and Schedule 1, insofar as they apply to the repeal of—
(i) subsection (1) of section 56 of the Housing Act 1966 (No. 21 of 1966), and
(ii) sections 9 and 20 of the Housing Act 1988 (No. 28 of 1988);
(b) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 4 of that Schedule, as respects section 5 of the Housing (Miscellaneous Provisions) Act of 1992 (No. 18 of 1992),
(ii) Part 6 of that Schedule,
(iii) Part 7 of that Schedule, as respects—
(I) subsection (2) of section 94,
(II) the substitution of subparagraph (i) of subsection (4)(a) of section 94, and
(III) subsection (13)(a) of section 96, of the Planning and Development Act 2000 (No. 30 of 2000), and
(iv) Part 9 of that Schedule, insofar as it applies to the substitution of subparagraph (i) of paragraph (b) of the definition of “relevant purpose” in section 265 (1) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005);
(c) section 19;
(d) other than subsection (5) thereof, section 20;
(e) section 21; and
(f) subsections (1), (2), (3), (4) and (5) of section 32.
E7
Power pursuant to section exercised (14.06.2010) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2010 (S.I. No. 253 of 2010).
3. The 14th day of June 2010 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 7 and Schedule 1, insofar as they apply to the repeal of section 11 of the Housing Act 1988 (No. 28 of 1988);
(b) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 5 of that Schedule, as respects—
(I) subsection (1) of section 14, and
(II) subsection (2) of section 14 (insofar as it applies to a refusal to sell a dwelling—
(A) under paragraph (i), to an eligible household in the case of an incremental purchase arrangement, and
(B) under paragraph (iv), to a tenant, in the case of section 90 of the Housing Act 1966),
of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);
(ii) Part 9 of that Schedule, insofar as it applies to the substitution of subparagraph (ii) of paragraph (b) of the definition of “relevant purpose” in section 265(1) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005);
(c) section 22;
(d) subsections (6), (7) and (8) of section 32;
(e) section 33, insofar as it applies to—
(i) the following provisions of the Act of 2009 referred to in subsection (1)(a)—
(I) subsection (8) of section 32,
(II) subsection (4) of section 47, and
(III) subsections (5) and (6) of section 48,
(ii) section 11 of the Act of 1992 referred to in subsection (1)(c), and
(iii) the provision referred to in subsection (1)(d); and
(f) section 34, insofar as it applies to—
(i) subsection (8) of section 32 of the Act of 2009 referred to in subsection (1)(a),
(ii) section 11 of the Act of 1992 referred to in subsection (1)(c), and
(iii) the provision referred to in subsection (1)(d).
E8
Power pursuant to section exercised (1.02.2010 and 1.01.2010) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009 (S.I. No. 540 of 2009).
3. The 1st day of January 2010 is appointed as the day on which sections 43, 44, 45, 46, 47, 48 and 49 of the Act of 2009 come into operation.
4. The 1st day of February 2010 is appointed as the day on which the following provisions of the Act of 2009 come into operation:
(a) section 8 and Schedule 2, insofar as they apply to the amendments set out in Part 4 of that Schedule as respects section 23 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992); and
(b) sections 36, 37, 38, 39, 40, 41 and 42.
E9
Power pursuant to section exercised (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009 (S.I. No. 449 of 2009).
2. The 1st day of December 2009 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) come into operation:
(a) sections 1, 2, 3, 4, 5 and 6;
(b) section 7 and Schedule 1, insofar as they apply to the repeal of subsection (2) of section 56 of the Housing Act 1966 (No. 21 of 1966) and section 15 of the Housing Act 1988 (No. 28 of 1988);
(c) section 8 and Schedule 2, insofar as they apply to the amendments set out in—
(i) Part 1 of that Schedule, as respects—
(I) section 90, and
(II) subsection (7) of section 107, of the Housing Act 1966 (No. 21 of 1966),
(ii) Part 2 of that Schedule, as respects subsection (3) of section 10 of the Housing Finance Agency Act 1981 (No. 37 of 1981),
(iii) Part 3 of that Schedule, as respects section 13 of the Housing Act 1988 (No. 28 of 1988),
(iv) Part 4 of that Schedule, as respects—
(I) subsection (1) of section 1,
(II) section 18,
(III) the insertion of sections 18A and 18B, and
(IV) section 34, of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992), and
(v) Part 5 of that Schedule, as respects—
(I) subsection (1) of section 1 (other than in relation to the definition of “tenant”), and
(II) section 15, of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);
(d) sections 9, 10, 11, 12, and 13; and
(e) section 35.
Section 2
Interpretation.
2.— (1) In this Act—
“Act of 1988” means the Housing Act 1988;
“Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992;
“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997;
“Act of 2002” means the Housing (Miscellaneous Provisions) Act 2002;
“affordable housing” means F1[affordable dwellings within the meaning of section 4 of the Affordable Housing Act 2021 purchased under Part 2 of that Act] or affordable housing provided under Part V of the Planning and Development Act 2000 or Part 2 of the Act of 2002, as the case may be;
“allocation scheme” has the meaning given to it by section 22;
“anti-social behaviour” has the same meaning as in section 1 of the Act of 1997;
“approved body” means a body standing approved of for the purposes of section 6 of the Act of 1992;
“caravan” has the same meaning as in section 13 of the Act of 1988;
“Chapter 4 tenancy agreement” has the meaning given to it by section 25 and references to “Chapter 4 tenancy” shall be construed accordingly;
F2[“chief executive” means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the Local Government Act 2001;]
“development plan” has the same meaning as in section 2 of the Planning and Development Act 2000;
“dwelling” includes any building or part of a building occupied or intended for occupation as a normal place of residence and includes any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith and includes a house, flat, apartment, maisonette or hostel;
“estate management” has the same meaning as in section 1 of the Act of 1997;
“executive function” has the same meaning as in section 2 of the Local Government Act 2001;
“homelessness action plan” has the meaning given to it by section 37;
“homelessness consultative forum” has the meaning given to it by section 38;
“homeless person” means a person who is regarded by a housing authority as being homeless within the meaning of section 2 of the Act of 1988 and “homeless” and “homeless household” shall be construed accordingly;
“joint homelessness consultative forum” shall be read in accordance with section 38;
“household” means, subject to sections 20 and 84 , a person who lives alone or 2 or more persons who live together;
“housing action programme” has the meaning given to it by section 18;
F3[…]
“housing services” shall be read in accordance with section 10;
“housing services plan” has the meaning given to it by section 14;
“housing strategy” has the same meaning as in section 93 of the Planning and Development Act 2000;
“housing support” shall be read in accordance with section 10 (a);
F4[“local authority” means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
F3[…]
“market rent” has the same meaning as in section 24 of the Residential Tenancies Act 2004;
“material improvements” F1[means improvements made to a dwelling sold under an incremental purchase arrangement under Part 3];
whether for the purposes of extending, enlarging, repairing or converting the dwelling, but does not include decoration, or any improvements carried out on the land including the construction of the dwelling;
“Minister” means the Minister for the Environment, Heritage and Local Government;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“Principal Act” means the Housing Act 1966;
“public private partnership arrangement” has the same meaning as in section 3 of the State Authorities (Public Private Partnership Arrangements) Act 2002;
“refurbishment” in relation to a dwelling or other building, includes the enlargement, improvement, adaptation or reconstruction of such dwelling or other building;
“rental accommodation availability agreement” has the meaning given to it by section 24;
“rent scheme” has the meaning given to it by section 31;
F4[“reserved function” means a reserved function for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]
“social housing assessment” has the meaning given to it by section 20;
“social housing support” shall be read in accordance with section 19.
(2) F3[…]
Annotations
Amendments:
F1
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(a)(i), (ii), S.I. No. 450 of 2021.
F2
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
F3
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
F4
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
Section 3
Regulations.
3.— (1) The Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.
(2) Regulations made under this Act may—
(a) contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and
(b) may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, apartment complexes (within the meaning of section 50), dwellings, tenancies, loans, mortgages, persons, households, works or any other matter of a specified class or classes, denoted by reference to such matters to which the provision or provisions of this Act under which the regulations are made relate, as the Minister considers appropriate, and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, apartment complexes (within the meaning of section 50), dwellings, tenancies, loans, mortgages, persons, households, works or other matters.
(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E10
Power pursuant to section exercised (14.03.2022) by Social Housing Assessment (Amendment) Regulations 2022 (S.I. No. 73 of 2022), in effect as per reg. 2.
E11
Power pursuant to section exercised (19.04.2021) by Social Housing Assessment (Amendment) Regulations 2021 (S.I. No. 116 of 2021), in effect as per reg. 2.
E12
Power pursuant to section exercised (1.02.2018) by Housing (Rebuilding Ireland Home Loans) Regulations 2018 (S.I. No. 25 of 2018), in effect as per reg. 1(2).
E13
Power pursuant to section exercised (13.04.2017) by Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017).
E14
Power pursuant to section exercised (30.09.2016) by Social Housing Allocation (Amendment) Regulations 2016 (S.I. No. 503 of 2016), in effect as per reg. 2.
E15
Power pursuant to section exercised (2.06.2016) by Social Housing Assessment (Amendment) Regulations 2016 (S.I. No. 288 of 2016).
E16
Power pursuant to section exercised (2.06.2016) by Social Housing Assessments (Summary) Regulations 2016 (S.I. No. 287 of 2016).
E17
Power pursuant to section exercised (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), in effect as per reg. 2.
E18
Power pursuant to section exercised (1.01.2016) by Housing (Incremental Purchase) (Amendment) Regulations 2015 (S.I. No. 483 of 2015), in effect as per reg. 2.
E19
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
E20
Power pursuant to section exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.
E21
Power pursuant to section exercised (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.
E22
Power pursuant to section exercised (1.05.2011) by Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011), in effect as per reg. 2.
E23
Power pursuant to section exercised (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2.
E24
Previous affecting provision: power pursuant to section exercised (1.02.2013) by Social Housing Assessments (Summary) Regulations 2013 (S.I. No. 26 of 2013), in effect as per reg. 2; revoked (13.04.2017) by Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), art. 2.
E25
Power pursuant to section exercised (1.04.2011) by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), in effect as per reg. 2; as amended (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2 and (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.
E26
Power pursuant to section exercised (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) (Amendment) Regulations 2010 (S.I. No. 483 of 2010), in effect as per reg. 2.
E27
Power pursuant to section exercised (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) Regulations 2010 (S.I. No. 254 of 2010), in effect as per reg. 2; as amended (14.06.2010) by Housing (Interest on Moneys Owed to Housing Authorities) (Amendment) Regulations 2010 (S.I. No. 483 of 2010), in effect as per reg. 2.
E28
Power pursuant to section exercised (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), in effect as per reg. 2.
E29
Previous affecting provision: power pursuant to section exercised (1.01.2010) by Housing (Incremental Purchase) Regulations 2009 (S.I. No. 562 of 2009), in effect as per reg. 1(b); revoked (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), reg. 18, in effect as per reg. 2.
Section 4
Ministerial directions.
4.— (1) The Minister may, from time to time, as he or she considers appropriate, give general policy directions in writing to a housing authority in relation to the performance by the housing authority of any of its functions under the Housing Acts 1966 to 2009 and the housing authority shall comply with any such directions.
(2) The Minister may, by direction in writing, revoke or amend a direction under subsection (1), including a direction under this subsection.
(3) Whenever the Minister gives a direction under this section, he or she shall publish the direction or cause it to be published in the manner he or she considers appropriate.
(4) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any direction given to it under this section.
Section 5
Guidelines.
5.— (1) The Minister may, from time to time, as he or she considers appropriate, issue to housing authorities such guidelines in relation to the performance of their functions under the Housing Acts 1966 to 2009 as he or she considers appropriate and housing authorities shall have regard to such guidelines in the performance of those functions.
(2) The Minister shall publish or cause to be published, in the manner he or she considers appropriate, any guidelines issued under this section.
(3) A housing authority shall make available for inspection by members of the public, without charge, on the Internet and at its offices and such other places as it considers appropriate, during normal working hours, a copy of any guidelines issued to it under this section.
Section 6
Limitation on Ministerial power.
6.— Without prejudice to section 12, sections 4 and 5 shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case with which a housing authority is or may be concerned.
Section 7
Repeals.
7.— The Acts specified in column (3) of Schedule 1 are repealed to the extent specified in column (4) of that Schedule.
Section 8
Consequential amendments.
8.— The Acts specified in Schedule 2 are amended as indicated in that Schedule.
Section 9
Expenses.
9.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2
FUNCTIONS OF HOUSING AUTHORITIES
Chapter 1
Housing Services
Section 10
Provision of housing services.
10.— In performing its functions under the Housing Acts 1966 to 2009, a housing authority may provide housing services, including, but not necessarily limited to, all or any of the following—
(a) housing support provided to households for the purposes of meeting their accommodation needs, including:
(i) social housing support;
(ii) affordable housing;
(iii) the granting of shared ownership leases under section 3 of the Act of 1992;
F5[(iv) the sale, or consent to the sale, of a dwelling under section 90(1)(b) of the Principal Act to a person other than another housing authority;]
(v) subsidies payable under section 4 of the Act of 1992 or section 7 of the Act of 2002;
(vi) loans made under section 11 of the Act of 1992 or section 25(1) of the Housing (Traveller Accommodation) Act 1998;
(vii) grants for works of improvement or adaptation to houses under section 5 of the Act of 1992;
(viii) grants and other assistance for the provision of new houses or improvement works to houses under section 6 of the Housing (Miscellaneous Provisions) Act 1979;
(ix) services provided to homeless persons under section 10 of the Act of 1988;
(x) the provision of sites under section 57 of the Principal Act,
(b) assistance, other than financial assistance or housing support, provided—
(i) in accordance with a homelessness action plan to households that were formerly homeless before their occupation of their current accommodation and, in the opinion of the housing authority, such assistance is necessary for the purposes of supporting those households in remaining in occupation of that accommodation, or
(ii) to tenants of dwellings to which section 31 (1) applies,
(c) the management, maintenance and refurbishment under section 28 of any dwelling, building or land of which the housing authority is the owner or which is under its F6[management and control,]
(d) the reconstruction or improvement under section 12 of the Act of 1988 of certain houses provided by F6[housing authorities, and]
F7[(e) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021.]
Annotations
Amendments:
F5
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(a), S.I. No. 482 of 2015.
F6
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(b)(i), (ii), S.I. No. 450 of 2021.
F7
Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(b)(iii), S.I. No. 450 of 2021.
Section 11
Provision of ancillary services.
11.— (1) In this section “ancillary services” include roads, shops, facilities for the benefit of the community (including health and leisure facilities), playgrounds, places of recreation, parks, allotments, open spaces, sites for places of worship, factories, schools, offices and other buildings or land and other such works or services, as will, in the opinion of a housing authority, serve a beneficial purpose either in connection with the requirements of the households for which the dwellings concerned are provided or in connection with the requirements of other households.
(2) In providing housing services and in connection with dwellings provided, to be provided or which, in the opinion of the housing authority will in the future require to be provided, a housing authority may provide and, if it considers appropriate, maintain in good order and repair, the ancillary services.
(3) For the purposes of subsection (2)—
(a) reference to the provision of dwellings includes dwellings provided, or maintained, on behalf of a housing authority pursuant to arrangements with an approved body, or public private partnership arrangements, and
(b) reference to the provision and maintenance of ancillary services includes ancillary services provided pursuant to arrangements with an approved body, or public private partnership arrangements.
Section 12
Funding for housing services.
12.— (1) The Minister may, for the purposes of the provision of housing services, with the consent of the Minister for Finance, pay to a housing authority, out of moneys provided by the Oireachtas, a grant or subsidy in respect of all or any one or more of the following:
(a) the provision of dwellings or sites by the authority;
(b) the refurbishment of dwellings provided by the authority;
(c) the provision of caravans, or the provision, improvement or management by the authority of sites for caravans referred to in section 13 of the Act of 1988 for persons to whom that section applies;
(d) the acquisition of land for the provision of dwellings or sites;
(e) the provision of ancillary services in connection with the provision or improvement of dwellings or sites;
(f) subject to such regulations as may be made under this section, the provision of assistance to an approved body under section 6 of the Act of 1992;
(g) such measures as may be taken by the housing authority pursuant to its housing services plan for the purposes of improving its housing services;
(h) such measures as may be taken by the housing authority pursuant to its homelessness action plan relating to the provision of assistance under section 10 (b) (i).
(2) A grant or subsidy shall not be paid under this section in respect of a dwelling, site or works unless the relevant dwelling, site or works comply on completion with such conditions, if any, as may, from time to time, be determined by the Minister for the purposes of this section in relation to standards of construction and works and the provision of water, sewerage and other services in dwellings or to sites.
(3) A subsidy under subsection (1) in respect of loan charges incurred in the provision of any of the housing services referred to in that subsection may be made either to the housing authority concerned or, on its behalf, to the person who made the relevant loan in respect of which the loan charges were incurred.
(4) The Minister may make regulations in relation to the payment of a grant or subsidy under subsection (1) (f) providing for all or any one or more of the following:
(a) the class or classes of accommodation in respect of which the grant or subsidy may be paid and the class or classes of households for whom such accommodation is provided;
(b) the amount of the grant or subsidy;
(c) requirements in relation to—
(i) the assistance in respect of which the grant or subsidy may be paid,
(ii) the payment of the grant or subsidy,
(iii) the financial and other circumstances of households occupying accommodation in respect of which the grant or subsidy may be paid,
(iv) the occupation and maintenance of accommodation in respect of which the grant or subsidy may be paid,
(v) the floor area of accommodation in respect of which the grant or subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister,
(vi) standards of construction, works and repair and the availability in accommodation, in respect of which the grant or subsidy may be paid, of water, sewerage and other services, and
(vii) the payment under any enactment (including this Act) of any other grant, subsidy or assistance in respect of the accommodation concerned.
Section 13
Housing authority resources.
13.— Any moneys accruing to a housing authority from—
(a) the sale of a dwelling owned by the authority, including a sale under section 90 of the Principal Act F8[, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014],
(b) the resale of a dwelling under section 48 or 76 F9[or section 29 of the Housing (Miscellaneous Provisions) Act 2014],
(c) an approved body in respect of the resale of a dwelling referred to in paragraph (b),
(d) payments in respect of any amounts outstanding under section 47 or 75 F10[or section 27 of the Housing (Miscellaneous Provisions) Act 2014], as the case may be,
(e) the resale of a dwelling under section 9 of the Act of 2002,
(f) the purchase of the interest of the housing authority or the sale of a dwelling, as the case may be, under section 10 of the Act of 2002,
(g) the resale of certain sites, or dwellings on such sites, under section 98, or
(h) the repayment of a grant to which section 99 applies,
shall be accounted for by the housing authority in a separate account and, subject to the prior approval of the Minister, may be used for the provision of housing or for the refurbishment or maintenance of existing housing, or any other related purposes.
Annotations
Amendments:
F8
Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(b)(i), S.I. No. 482 of 2015.
F9
Inserted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(b)(ii), S.I. No. 482 of 2015.
F10
Inserted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(b)(iii), S.I. No. 482 of 2015.
Chapter 2
Housing Services Plan
Section 14
Obligation to make housing services plan.
14.— (1) Each housing authority shall make a plan (in this Act referred to as a “housing services plan”) setting out the objectives which the housing authority considers to be reasonable and necessary for the provision of housing services having regard to the requirements of the housing strategy or strategies relating to housing supports for its administrative area.
(2) A housing services plan shall be in writing and shall specify how the housing authority proposes to provide housing services.
(3) Subject to subsection (5), a housing authority shall adopt a housing services plan not later than 6 months after the date on which the current development plan is made.
(4) A housing services plan shall relate to the remaining period of the housing authority’s current development plan.
(5) (a) The Minister may direct a housing authority or housing authorities to make a housing services plan relating to the remaining period of the development plan in operation, on the coming into operation of this section, in respect of the administrative area concerned and this Chapter shall apply to the preparation and making of such a plan.
(b) A housing authority shall comply with any direction given to it under paragraph (a).
(6) The preparation, making, adoption or variation of a housing services plan, or draft plan, as the case may be, is a reserved function.
Section 15
Content of housing services plan.
15.— (1) In making a housing services plan, a housing authority shall, in particular, have regard to the following:
(a) the development plan or plans for its administrative area;
(b) any summary or summaries of social housing assessments prepared under section 21;
(c) the demand for affordable housing in its administrative area;
(d) the accommodation programme or programmes adopted for its administrative area in accordance with section 7 of the Housing (Traveller Accommodation) Act 1998;
(e) the homelessness action plan adopted in accordance with Chapter 6 in respect of its administrative area;
(f) the need to ensure that housing services are delivered in a manner which promotes sustainable communities, including but not necessarily limited to the need to—
(i) counteract undue segregation in housing between persons of different social backgrounds, and
(ii) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the different types of housing support required in its administrative area;
(g) its anti-social behaviour strategy (if any) under section 35;
(h) any directions given by the Minister under subsection (2);
(i) the matters specified in section 69 of the Local Government Act 2001 to which local authorities are required to have regard in performing their functions.
(2) (a) The Minister may direct a housing authority to include in its housing services plan such information as he or she considers necessary, including, but not necessarily limited to, information on, and priorities relating to, each of the following:
(i) the provision of appropriate housing supports;
(ii) proposed measures to ensure that housing supports are delivered in a manner which promotes sustainable communities;
(iii) the quality, standards and condition of housing owned by the housing authority, and priorities for refurbishment;
(iv) plans for the regeneration of the administrative area concerned or any part of it;
(v) the policies of the housing authority relating to the management and maintenance of dwellings or sites owned or controlled by it.
(b) A housing authority shall comply with any direction given to it under paragraph (a).
(3) A housing services plan shall include the summary or summaries, prepared under section 21, of the social housing assessments carried out in respect of the administrative area concerned.
Section 16
Preparation of draft plan and making of plan.
16.— (1) A housing authority shall prepare a draft of the housing services plan and shall send a copy of the draft housing services plan to—
(a) the Minister,
(b) every local authority whose administrative area adjoins F11[…] the administrative area of the authority preparing the draft plan,
(c) the Health Service Executive,
(d) approved bodies engaged in the provision of accommodation or shelter in the administrative area concerned,
(e) the homelessness consultative forum in its administrative area, or joint homelessness consultative forum, as the case may be,
(f) any local traveller accommodation consultative committee in the administrative area concerned appointed under section 21 of the Housing (Traveller Accommodation) Act 1998, and
(g) such local community bodies in the administrative area concerned and any other person, as the housing authority considers appropriate.
(2) Written submissions or observations with respect to the draft housing services plan may be made by the persons specified in subsection (1) to the housing authority within 8 weeks from the date on which the draft plan is sent under subsection (1).
(3) Where the Minister considers that any draft housing services plan fails to adequately take account of any of the matters specified in section 15 (1), the Minister may, within the period specified in subsection (2), for stated reasons, direct the housing authority concerned to take specified measures to ensure that the housing services plan, when made, takes adequate account of those matters and the housing authority shall comply with any such direction.
(4) Not later than 4 weeks after the end of the period specified in subsection (2), the F12[chief executive] shall prepare and submit to the housing authority a report on—
(a) any submissions or observations made under subsection (2),
(b) the directions (if any) of the Minister under subsection (3) and the stated reasons for those directions, and
(c) any aspect of the draft housing services plan (other than aspects of the draft plan the subject of any ministerial direction under subsection (3)) that, in his or her opinion, fails to adequately take account of any of the matters specified in section 15 (1).
(5) The housing authority shall, having taken account of the directions of the Minister (if any) under subsection (3) and the F12[chief executive] under subsection (4), adopt the housing services plan, with or without modification, within 6 weeks after the submission of the F12[chief executive]’s report.
(6) The housing authority shall—
(a) give a copy of the housing services plan to the Minister as soon as practicable after it is adopted,
(b) make the housing services plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours,
(c) on request by any person, provide a copy of the housing services plan at a price not exceeding the reasonable cost of reproduction, and
(d) publish and maintain a copy of the housing services plan on the Internet for the period of the plan.
Annotations
Amendments:
F11
Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
F12
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.
Section 17
Variation of housing services plan.
17.— (1) Where the F13[chief executive] considers that there has been a change in any of the matters specified in section 15 (1) that significantly affects the housing services plan, including any adjustment of a housing strategy pursuant to section 95(3) of the Planning and Development Act 2000, the F13[chief executive] shall submit a report on the matter to the members of the housing authority and, where the F13[chief executive] considers it necessary and appropriate, he or she may recommend that the housing services plan be varied accordingly and the housing authority may, having taken account of any such recommendations, as it considers appropriate, decide to vary the plan or part or parts thereof accordingly.
(2) Where the Minister considers that there has been a change in circumstances that significantly affects all or any part or parts of one or more than one housing services plan, he or she may give a direction requiring the housing authority or authorities concerned to vary the plan or plans or part or parts thereof accordingly and the housing authority or authorities, as the case may be, shall comply with any such direction.
(3) Section 16 applies to the variation of a plan as it applies to the preparation and adoption of a plan, with any necessary modifications.
Annotations
Amendments:
F13
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.
Section 18
Housing action programme.
18.— (1) The F14[chief executive] shall, from time to time, in such form and for such period as the Minister may direct, prepare a programme (in this Act referred to as a “housing action programme”) for implementation of the housing services plan.
(2) A housing action programme shall—
(a) take account of the financial resources available for the period to which the programme relates, and
(b) include such matters as the Minister may specify in a direction given under subsection (1), including (except in the case of the first housing action programme) a review of progress made in the implementation of the housing services plan during the period of the previous housing action programme.
(3) The F14[chief executive] shall provide a copy of the housing action programme to the Minister F14[, the members of the housing authority and the members of any borough council or town council situated in the administrative area of the housing authority].
Annotations
Amendments:
F14
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.