Housing Finance
HOUSING ACT 1966
Chapter III
Housing Loans and Grants, etc.
Section 13
Definition for purposes of Chapter III of Part II.
13.—F12[…]
Annotations
Amendments:
F12
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 14
Regulations for purposes of sections in Chapter III of Part II.
14.—F13[…]
Annotations
Amendments:
F13
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 15
Grants by Minister for provision of houses.
15.—F14[…]
Annotations
Amendments:
F14
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E110
Previous affecting provision: subss. (3)-(7) inserted (5.08.1970) by Housing Act 1970 (18/1970), s. 2 and sch. part 1, commenced on enactment; repealed as per F-note above.
Section 16
Grants by Minister for provision of houses for farmers and others.
16.—F15[…]
Annotations
Amendments:
F15
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Modifications (not altering text):
C21
Grants made in contravention of section deemed valid under certain conditions (5.08.1970) by Housing Act 1970 (18/1970), s. 8(1), commenced on enactment.
Validity of certain grants.
8.—(1) If, before the passing of this Act, any grant under section 16 of the Act of 1966, was, in a case in which there was compliance with the requirements of paragraph (a) of subsection (2) of that section, made in contravention of that section because the house was not provided in a rural area, the fact that the grant was so made shall not affect, and shall be deemed never to have affected, the validity of the making of the grant.
…
Editorial Notes:
E111
Previous affecting provision: subss. (5)-(10) inserted (5.08.1970) by Housing Act 1970 (18/1970), s. 3 and sch. part II, commenced on enactment; repealed as per F-note above.
Section 17
Grants by Minister for provision of second houses on transfer of certain holdings.
17.—F16[…]
Annotations
Amendments:
F16
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E112
Previous affecting provision: subs. (1) amended (5.08.1970) by Housing Act 1970 (18/1970), s. 9, commenced on enactment; section repealed as per F-note above.
Section 18
Grants by Minister for erection of flats or maisonettes.
18.—F17[…]
Annotations
Amendments:
F17
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E113
Previous affecting provision: subss. (4)-(8) inserted (5.08.1970) by Housing Act 1970 (18/1970), s. 4 and sch. part 3, commenced on enactment; section repealed as per F-note above.
Section 19
Grants by Minister for housing of elderly persons and others.
19.—F18[…]
Annotations
Amendments:
F18
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 20
Grants by Minister for provision of prototype houses.
20.—F19[…]
Annotations
Amendments:
F19
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 21
Grants by Minister to persons for reconstruction of houses.
21.—F20[…]
Annotations
Amendments:
F20
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 22
Further grants by Minister for reconstruction of houses.
22.—F21[…]
Annotations
Amendments:
F21
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 23
Grants by Minister for essential repairs.
23.—F22[…]
Annotations
Amendments:
F22
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 24
Grants by Minister to housing authority for improvement of houses.
24.—F23[…]
Annotations
Amendments:
F23
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 25
Grants by Minister to housing authority in respect of works executed in pursuance of section 69 of Act.
25.—F24[…]
Annotations
Amendments:
F24
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 26
Supplementary grants by housing authority to persons for provision of houses.
26.—F25[…]
Annotations
Amendments:
F25
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E114
Previous affecting provision: subs. (1)(b) applied with modifications (1.07.1972) by Housing Act 1970 (Supplementary Grants) Regulations 1973 (S. I. No. 259 of 1973), reg. 2; superseded (21.09.1973) by Housing Act 1970 (Supplementary Grants) (Amendment) Regulations 1974 (S.I. No. 132 of 1974), reg. 2; section repealed as per F-note above.
E115
Previous affecting provision: subs. (1)(b) and (2) substituted (5.08.1970) by Housing Act 1970 (18/1970), s. 10, commenced on enactment; section repealed as per F-note above.
E116
Previous affecting provision: subss. (1)-(6), (9), (10) applied with modifications (5.08.1970) by Housing Act 1970 (18/1970), s. 7, commenced on enactment; section repealed as per F-note above.
Section 27
Supplementary grants by housing authority for erection of flats or maisonettes.
27.—F26[…]
Annotations
Amendments:
F26
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E117
Previous affecting provision: section applied with modifications (5.08.1970) by Housing Act 1970 (18/1970), s. 7, commenced on enactment; repealed as per F-note above.
Section 28
Supplementary grants by housing authority to bodies for provision of houses for elderly persons and for other purposes.
28.—F27[…]
Annotations
Amendments:
F27
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E118
Previous affecting provision: section applied with modifications (5.08.1970) by Housing Act 1970 (18/1970), s. 7, commenced on enactment; section repealed as per F-note above.
Section 29
Supplementary grants by housing authority for reconstruction of houses.
29.—F28[…]
Annotations
Amendments:
F28
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E119
Previous affecting provision: subs. (1) amended (5.08.1970) by Housing Act 1970 (18/1970), s. 11, commenced on enactment; section repealed as per F-note above.
E120
Previous affecting provision: subs. (4) repealed (5.08.1970) by Housing Act 1970 (18/1970), s. 14, commenced on enactment; section repealed as per F-note above.
E121
Previous affecting provision: section applied with modifications (5.08.1970) by Housing Act 1970 (18/1970), s. 7, commenced on enactment; repealed as per F-note above.
E122
Previous affecting provision: certain grants made under section validated (5.08.1970) by Housing Act 1970 (18/1970), s. 8(2), commenced on enactment; section repealed as per F-note above.
Section 30
Supplementary grants and other assistance by housing authority for essential repairs.
30.—F29[…]
Annotations
Amendments:
F29
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E123
Previous affecting provision: section amended (5.08.1970) by Housing Act 1970 (18/1970), s. 11, commenced on enactment; repealed as per F-note above.
Section 31
Supplementary grants by housing authority where certain grants are made under section 3 of Housing (Gaeltacht) Act, 1929.
31.—F30[…]
Annotations
Amendments:
F30
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E124
Previous affecting provision: subs. (1) amended (5.08.1970) by Housing Act 1970 (18/1970), s. 11, commenced on enactment; section repealed as per F-note above.
Section 32
Grants by certain housing authorities for accommodation for person suffering from pulmonary tuberculosis.
32.—F31[…]
Annotations
Amendments:
F31
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 33
Modification and restriction on increase of rateable valuation in certain cases.
33.—F32[…]
Annotations
Amendments:
F32
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).
Editorial Notes:
E125
Previous affecting provision: application of subss. (1) and (4) extended (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 15(1) and (2), S.I. No. 276 of 1979; section repealed as per F-note above.
E126
Previous affecting provision: Minister authorised to order section to cease to have effect (1.01.1977) by Local Government (Financial Provisions) Act 1978 (35/1978), s. 2(2), (3) and (5), commenced as per s. 19(3); section repealed as per F-note above.
E127
Previous affecting provision: section construed (1.04.1974) by Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order 1974 (S.I. No. 215 of 1974), art. 3 and sch. para. 21; section repealed as per F-note above.
E128
Previous affecting provision: subss. (1), (4) and (5) amended (5.08.1970) by Housing Act 1970 (18/1970). s. 12(1), commenced on enactment; section repealed as per F-note above.
Section 34
Repayment of grant to Minister or housing authority on breach of undertaking.
34.—(1) Where the Minister or a housing authority has or have paid to any person or body a grant under this Part of this Act or an instalment of a grant, and in accordance with regulations applying in respect of the grant or as a condition of receiving the grant, the person or body, as the case may be, has given an undertaking to the Minister or the authority and the undertaking has not been complied with, the following provisions shall have effect:
(a) the person or body shall be liable to repay to the Minister or the authority the amount of the grant or instalment, as the case may be; and
(b) the amount may be recovered by the Minister or the authority from the person or body as a simple contract debt in any court of competent jurisdiction.
(2) Where a sum is due to a housing authority by the Minister and, at the same time, the authority is liable under this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part.
Annotations
Modifications (not altering text):
C22
Term “grant” construed (19.08.1988) by Housing Act 1988 (28/1988), by s. 19(2), S.I. No. 199 of 1988.
Application of certain sections of Part II of Principal Act.
19.— …
(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.
Section 35
Withholding or reduction in amount of grant.
35.—(1) Where, in the opinion of the Minister or a housing authority, as the case may be, a condition subject to which a grant under this Part of this Act has been allocated or a regulation applying in relation to the grant has not been complied with, the Minister or housing authority may withhold the grant or reduce the amount thereof by such sum as he or they consider appropriate.
(2) F33[…]
Annotations
Amendments:
F33
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Modifications (not altering text):
C23
Term “grant” construed (19.08.1988) by Housing Act 1988 (28/1988), by s. 19(2), S.I. No. 199 of 1988.
Application of certain sections of Part II of Principal Act.
19.— …
(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.
Section 36
Making of grant to successor of deceased applicant.
36.—Where a person who applies for a grant under this Part of this Act dies before the grant is made, the grant may, subject to the provisions of this Part of this Act, be made to his successor in title.
Annotations
Modifications (not altering text):
C24
Term “grant” construed (19.08.1988) by Housing Act 1988 (28/1988), by s. 19(2), S.I. No. 199 of 1988.
Application of certain sections of Part II of Principal Act.
19.— …
(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.
Section 37
Restriction of local Acts and other provisions.
37.—F34[…]
Annotations
Amendments:
F34
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 38
Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument.
38.—The Minister may, with the consent of the Minister for Finance, make a grant under this Act notwithstanding that a requirement of a statute or a statutory instrument has not been complied with in relation to the grant if a certificate of approval in respect of the relevant premises has been issued by an officer of the Minister and the Minister is satisfied that the applicant for the grant has acted in good faith in proceeding to erect, purchase, reconstruct, improve, convert or repair the premises.
Annotations
Modifications (not altering text):
C25
Functions of Minister under section transferred (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
Schedule
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 21 of 1966
Housing Act 1966
Sections 5(3), 38, 45(1) and 47
…
…
…
C26
Term “grant” construed (19.08.1988) by Housing Act 1988 (28/1988), by s. 19(2), S.I. No. 199 of 1988.
Application of certain sections of Part II of Principal Act.
19.— …
(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.
C27
Application of section extended and section construed (19.08.1988) by Housing Act 1988 (28/1988), s. 19(3) and (4), S.I. No. 199 of 1988.
Application of certain sections of Part II of Principal Act.
19.— …
(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”.
Editorial Notes:
E129
Previous affecting provision: application of section extended (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 6(8), S.I. No. 297 of 1980; repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988 .
Section 39
Loans by housing authority for acquisition or construction of houses.
39.—F35[…]
Annotations
Amendments:
F35
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, transitional provisions and continuation in effect of regulations as though made under the repealing Act in subss. (2)-(5).
Editorial Notes:
E130
Power pursuant to section exercised (7.02.1992) by Housing Regulations 1980 (Amendment) Regulations 1992 (S.I. No. 30 of 1992).
E131
Power pursuant to section exercised (4.12.1987) by Housing Regulations 1980 (Amendment) Regulations 1987 (S.I. No. 301 of 1987).
E132
Power pursuant to section exercised (25.11.1986) by Housing Regulations 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986).
E133
Power pursuant to section exercised (8.07.1985) by Housing Regulations 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985).
E134
Power pursuant to section exercised (16.06.1982) by Housing Regulations 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982).
E135
Previous affecting provision: power pursuant to section exercised (7.12.1978) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1978 (S.I. No. 337 of 1978); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E136
Previous affecting provision: power pursuant to section exercised (12.09.1977) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) (No. 2) Regulations 1977 (S.I. No. 293 of 1977); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E137
Previous affecting provision: power pursuant to section exercised (16.02.1977) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1977 (S.I. No. 40 of 1977); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E138
Previous affecting provision: power pursuant to section exercised (24.08.1973) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1973 (S.I. No. 250 of 1973); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E139
Previous affecting provision: power pursuant to section exercised (31.01.1972) by Housing Authorities (Loans For Acquisition Or Construction of Houses) Regulations 1972 (S.I. No. 29 of 1972); revoked (26.09.1980) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E140
Previous affecting provision: power pursuant to section exercised (25.06.1968) by Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1968 (S.I. No. 143 of 1968); revoked (31.01.1972) by Housing Authorities (Loans For Acquisition Or Construction of Houses) Regulations 1972 (S.I. No. 29 of 1972), reg. 18.
Section 40
Loans by housing authority for reconstruction, repair, and improvement of houses.
40.—F36[…]
Annotations
Amendments:
F36
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Section 41
Sale by Land Commission of land subject to charge in favour of housing authority.
41.—Where land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and—
(a) there is for the time being in force in relation to the land an instrument vesting an interest in the land in a housing authority for the purposes of securing a loan under this Chapter, or
(b) such land is subject to a charge in favour of the housing authority to secure a loan under this Chapter,
the land shall be sold subject to the instrument or charge and to the relevant provisions of this Chapter and any regulations under section 39 of this Act in addition to any charge, incumbrance or liability subject to which the land is, apart from this subsection, required by law to be sold.
Section 42
Schemes for guarantees.
42.—F37[…]
Annotations
Amendments:
F37
Repealed (1.01.1989) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 295 of 1988.
Section 43
Guarantee of advances to builders.
43.—F38[…]
Annotations
Amendments:
F38
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).
Chapter IV
Contributions by Minister to Certain Annual Loan Charges
Section 44
Contributions by Minister to certain annual loan charges of housing authorities.
44.—F39[…]
Annotations
Amendments:
F39
Repealed (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 297 of 1980.
Editorial Notes:
E141
Previous affecting provision: existing regulations carried forward under certain conditions (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(3) and sch., S.I. No. 297 of 1980; existing regulations revoked as per E-notes below.
E142
Previous affecting provision: power pursuant to section exercised (15.09.1978) by Housing Authorities (Borrowing and Management) Regulations 1974 (Amendment) Regulations 1978 (S.I. No. 270 of 1978); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E143
Previous affecting provision: power pursuant to section exercised (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974); revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.
E144
Previous affecting provision: power pursuant to section exercised (30.11.1972) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations (No. 2) 1972 (S.I. No. 294 of 1972); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E145
Previous affecting provision: power pursuant to section exercised (1.07.1972) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1972 (S.I. No. 159 of 1972), in effect as per reg. 3; revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E146
Previous affecting provision: power pursuant to section exercised (25.03.1971) by Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1971 (S.I. No. 111 of 1971); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E147
Previous affecting provision: subs. (2)(a)(vi) inserted (5.8.1970) by Housing Act 1970 (18/1970), s. 5, commenced on enactment; section repealed as per F-note above.
E148
Previous affecting provision: power pursuant to section exercised (13.06.1969) by Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1969 (S.I. No. 109 of 1969); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
E149
Previous affecting provision: power pursuant to section exercised (13.04.1967) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (S.I. No. 71 of 1967); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.
Section 45
Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes.
45.—(1) Subject to subsection (2) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister may, with the consent of the Minister for Finance, from time to time make, out of moneys provided by the Oireachtas, during such period not exceeding fifty years as the Minister may determine, a contribution towards the annual loan charges incurred by a body approved by the Minister for the purposes of this section in respect of money borrowed by them for the provision of dwellings or sites for building purposes to which this section applies.
(2) This section applies to dwellings and sites for building purposes in relation to which the Minister is unable to make a contribution by reason only of the fact that the dwellings or sites were provided other than by a housing authority.
(3) A contribution to annual loan charges made under this section shall not exceed in amount the maximum amount of the contribution which could be made by the Minister under section 44 of this Act if the dwellings or sites to which the contribution relates had been provided by a housing authority.
(4) Every contribution to annual loan charges under this section may be made by the Minister either direct to the body or on their behalf to the person from whom was borrowed the money in respect of which such loan charges were incurred.
Annotations
Modifications (not altering text):
C28
Functions of Minister under subs. (1) transferred (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
Schedule
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 21 of 1966
Housing Act 1966
Sections 5(3), 38, 45(1) and 47
…
…
…
Section 46
Withholding or reduction in amount of contributions.
46.—If at any time the Minister is satisfied that a body approved by him for the purposes of section 45 of this Act or a housing authority has or have failed to observe any conditions subject to which a contribution towards annual loan charges is made under or by virtue of this Chapter, the Minister may reduce the amount of any such contribution, or suspend or discontinue its payment, as he thinks proper.
Section 47
Payment by Minister in lieu of contributions to annual loan charges.
47.—(1) Where the Minister is entitled to make, but has not made, a contribution under this Chapter towards annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of section 45 of this Act, the Minister may, if he thinks fit, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the contribution pay to the borrower or to the person from whom the money was borrowed a sum of such amount as may be determined by the Minister but not exceeding the maximum contribution which the Minister is so entitled to make.
(2) Where a contribution has been made by the Minister under or by virtue of this Chapter towards the annual loan charges incurred in respect of money borrowed by a housing authority or by a body approved by the Minister for the purposes of the said section 45, the Minister may, if he thinks fit, at any time, with the consent of the Minister for Finance, and subject to such conditions (including conditions requiring the giving of an undertaking) as the Minister thinks fit, in lieu of making the further contributions, pay to the borrower or to the person from whom the money was borrowed a sum determined by the Minister to be equal to the capital value of the further contributions.
(3) Where the Minister has made a payment under this section and, as a condition of making the payment, has been given an undertaking which has not been complied with, the following provisions shall have effect:
(a) the authority or body shall be liable to repay to the Minister the amount of the payment; and
(b) the amount may be recovered by the Minister from the authority or body as a simple contract debt in any court of competent jurisdiction.
(4) Where a sum is due to a housing authority by the Minister and, at the same time, the authority is liable under subsection (3) of this section to repay an amount to the Minister, the sum may be set off against the amount either, as may be appropriate, in whole or in part.
(5) In this section, the “further contributions” means the contributions or contribution towards the annual loan charges incurred by a housing authority or by a body approved by the Minister for the purposes of the said section 45 in respect of borrowed money which, but for the making by the Minister of a payment in accordance with the provisions of subsection (2) of this section, would fall to be made by him under or by virtue of this Chapter.
Annotations
Modifications (not altering text):
C29
Functions of Minister under section transferred (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
Schedule
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 21 of 1966
Housing Act 1966
Sections 5(3), 38, 45(1) and 47
…
…
…
Section 48
Subsidy by Minister in respect of certain loan charges.
48.—F40[…]
Annotations
Amendments:
F40
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).
Chapter V
Displacement Allowances
Section 49
Power of housing authority to make allowances to certain persons displaced.
49.—(1) A housing authority may pay to any person displaced from premises by reason of—
(a) the acquisition by the authority of the premises for the purposes of this Act, or
(b) the service of a repairs notice, or the making of a closing order or a demolition order, or
(c) the carrying out of an undertaking which has been accepted under subsection (5) or (8) of section 66 of this Act by an authority,
such reasonable allowance as the authority think fit towards the expenses incurred by him in moving from the premises to other premises.
(2) In case a housing authority are of the opinion that a person to whom this subsection applies has suffered or will suffer hardship by reason of the displacement, the authority may, with the consent of the Minister, pay to him (in addition to an allowance under subsection (1) of this section) such reasonable allowance as they think fit towards—
(a) in case the person carries on any trade or business in the premises from which he is displaced—the loss which, in their opinion, the person will sustain by reason of the disturbance of his trade or business consequent upon his displacement, and
(b) in any other case—the loss which, in their opinion, the person will sustain by reason of his displacement.
(3) Subsection (2) of this section applies to a person mentioned in subsection (1) of this section who carries on any trade or business in the premises from which he is displaced, or who ordinarily resides in such premises for not less than six months prior to the displacement.
(4) In estimating the loss mentioned in paragraph (a) of subsection (2) of this section the housing authority shall have regard to the period for which the premises occupied by the person might reasonably have been expected to be available for the purpose of his trade or business and the availability of other premises suitable for that purpose.
Chapter VI
Stamp Duties
Section 50
Remission of stamp duties on certain agreements, etc.
50.—No stamp duty shall be payable on any agreement, deed, or other instrument relating to a letting of a dwelling mentioned in subsection (3) of section 58 of this Act on a tenancy for a month or a less period than a month.
Section 51
Amendment of section 12 of Finance Act, 1895.
51.—F41[…]
Annotations
Amendments:
F41
Repealed (25.03.1999) by Finance Act 1999 (2/1999), s. 197 and sch. 6 column 3, commenced on enactment, subject to transitional provisions in s. 197.
Section 52
Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949.
52.—F42[…]
Annotations
Amendments:
F42
Repealed (7.05.1969) by Finance Act 1969 (21/1969), s. 49(6), commenced as per subs. (7).
Housing (Miscellaneous Provisions) Act 1979
An Act to amend and extend the Housing Acts, 1966 to 1970, and to provide for certain other matter in relation to housing.
[1st August, 1979]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
1. Interpretation.
(1) In this Act, save where the context otherwise requires—
“building society” means a society incorporated under the Building Societies Act, 1976;
“certificate of reasonable value” means a certificate granted under section 18 of this Act;
“house” includes any building or part of a building used or suitable for use as a dwelling and any out-office, yard, garden or other land appurtenant thereto or usually enjoyed therewith and “housing” shall be construed accordingly;
“improvement works”, in relation to a house, includes the provision and installation of a private water supply or private sewerage facilities in the house and any works carried out to the house (whether for the purpose of extending, enlarging, improving, repairing or converting it) that, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the house more suitable for human habitation, but does not include decoration;
“the Principal Act” means the Housing Act, 1966.
(2) References in the Principal Act, as amended, to a grant, loan or contribution under that Act shall be construed as including references respectively to a grant, loan or subsidy under this Act.
2. Devolution of administration of housing grants.
(1) The Minister may, subject to such regulations as may be made by the Minister for the purposes of this section, authorise designated housing authorities to discharge on his behalf the function of paying grants of one or more, as may be specified in the regulations, of the kinds of grants that the Minister is empowered to pay under the Principal Act or this Act.
(2) Before making regulations under this section, the Minister shall consult with the Minister for Finance and the Minister for the Public Service and with a housing authority affected by the regulations.
(3) Regulations under this section may contain such provisions as the Minister considers necessary or expedient for the purposes of the section, including provisions in relation to the liability for payment of administrative costs incurred by a housing authority under the section.
4. Grants by Minister for provision of new houses.
(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay, out of moneys provided by the Oireachtas, a grant to a person providing a new house where—
(a) in case the person purchases the house, a contract for the purchase was not made before the 27th day of May, 1977, and
(b) in case the person builds the house, the foundations were not completed before the 27th day of May, 1977.
(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:
(a) the amount of a grant,
(b) the total floor area of a house the subject of a grant, measured in such manner as may be determined by the Minister from time to time,
(c) a requirement that, where a house is provided for sale within the meaning of section 18 of this Act, a grant shall not be paid in respect of the house unless a certificate of reasonable value is granted under that section in respect of such sale and the conditions subject to which the certificate is granted are complied with,
(d) the occupation of the house,
(e) a requirement that the person to whom the grant is paid or the spouse of such person, either separately or with each other, has not previously purchase or built for his or their own occupation another house,
(f) requirements in relation to the financial and family circumstances of the person to whom the grant is paid, and
(g) requirements in relation to the payment of any other grant or subsidy in respect of the house under any enactment (including this Act).
(3) A grant shall not be paid under this section unless the house the subject of the grant complies with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.
(4) Where a house is damaged by fire, explosion or act of God and, in the opinion of the Minister, it would be more reasonable for the owner of the house to provide a new house than to carry out all necessary improvement works to the first-mentioned house and refusal by the Minister to pay a grant under this section in respect of the provision of the new house would cause undue hardship to the owner or his spouse, the Minister may, with the consent of the Minister for Finance, notwithstanding that a requirement of a regulation under this section in relation to matters specified in subsection (2) (e) of this section has not been complied with, pay a grant under this section in respect of such provision if a grant would otherwise fail to be so paid.
[(5) Where—
(a) a person providing a new house is a person
(i) whose [marriage or civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] has been dissolved or annulled by order of a court of competent jurisdiction, or
(ii) who is separated from his spouse under an order of such court or by deed of separation,
and
(b) the need of that person and his dependents (if any) for housing has been established to the satisfaction of the Minister, and
(c) refusal by the Minister to pay a grant under this section in respect of the provision of the new house would, in the opinion of the Minister, having regard to such circumstances as he considers appropriate, including any contribution made by the other spouse, cause undue hardship to that person or his dependents,
the Minister may, notwithstanding that a requirement in relation to matters specified in subsection (2) (e) of this section has not been complied with, pay a grant under this section if, but for such non-compliance, a grant would fall to be so paid.]
5. Grants by Minister for improvement of houses.
(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay, out of moneys provided by the Oireachtas, a grant to a person (including a housing authority) carrying out improvement works to a house.
(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:
(a) the amount of a grant,
(b) requirements in relation to the suitability of the house concerned for improvement,
(c) the occupation of the house,
(d) requirements in relation to the type and purpose of the improvement works,
(e) requirements in relation to the financial and family circumstances of the person to whom the grant is paid, and
(f) requirements in relation to the payment of any other grant or subsidy in respect of the house under any enactment (including this Act).
(3) A grant shall not be paid under this section unless the house the subject of the grant, upon completion of the works concerned, complies with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.
6. Grants and other assistance by housing authorities for provision of new house and improvement of houses.
(1) A housing authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a grant to a person providing a new house or carrying out improvement works to a house.
(2) A housing authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make a contribution in kind (whether by way of building materials or labour or any other contribution) to a person in respect of improvement works which are being carried out by the person.
(3) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the matters referred to in sections 4(2) and 5(2) of this Act.
(4) Regulations under this section, insofar as they relate to a grant paid by a housing authority in respect of a house for which a grant has previously been paid by the Minister for the Gaeltacht, shall not be made without the consent of that Minister.
(5) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, contribute, out of moneys provided by the Oireachtas, to any expenditure incurred by a housing authority under this section.
(6) A grant shall not be paid, or other assistance given, under this section by a housing authority unless the house or works the subject of the grant or assistance complies or comply on completion with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.
(7) A housing authority may impose, in relation to the payment of a grant or the giving of other assistance by them under this section, such conditions as they think fit.
(8) […]
7. Grants by Minister for housing of elderly persons and others.
[(1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a grant to a body, approved of by the Minister for the purposes of this section, in respect of the provision (whether by erection, purchase, improvement or conversion works), of one or more than one house for the accommodation of elderly persons or such other class or classes of persons as may be specified in the regulations, or for the accommodation, as his normal place of residence, in the house or houses or within the precincts thereof, of a person providing welfare or caretaker services for such persons or such class or classes of persons.]
(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the matters referred to in sections 4(2) and 5(2) of this Act.
(3) A grant shall not be paid under this section unless the house or works the subject of the grant complies or comply on completion with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.
11. Subsidies by Minister and housing authorities for purchase or construction of houses.
(1)
(a) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a subsidy to a housing authority out of money provided by the Oireachtas where the authority—
(i) make a loan under section 39 of the Principal Act, or
(ii) sell a house under section 90 of the Principal Act to a person who is not the tenant of the house in a case in which the purchase money is payable by instalments.
(b) Where the Minister pays a subsidy under this subsection to a housing authority, the authority shall reduce the amount of the relevant repayments of the loan concerned or the relevant instalments of the purchase money concerned, as the case may be, by amounts the total of which is equal to the amount of the subsidy.
(2)
(a) Where a housing authority—
(i) make a loan under section 39 of the Principal Act, or
(ii) sell a house under section 90 of the Principal Act to a person who is not the tenant of the house and the purchase money is payable by instalments,
the authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purpose of this section, pay a supplementary subsidy not exceeding the amount of a subsidy under subsection (1) of this section to the person to whom the loan is made or the house is sold, as the case may be, in respect of expenditure incurred by him in relation to the transaction to which the loan or sale relates.
(b) A subsidy under this subsection shall be paid by means of a reduction of the relevant repayments of the loan concerned or the relevant instalments of the purchase money concerned, as the case may be, by amounts the total of which is equal to the amounts of the subsidy.
(3) Regualtions under this section may, in particular, but without prejudice to the generality of subsections (1) and (2) of this section, make provision in relation to all or any one or more of the following:
(a) the amount of a subsidy under subsection (1) of this section,
(b) the prohibition of the payment of a subsidy under this section to a person to whom, or to whose spouse, a subsidy under this section has previously been paid,
(c) a requirement that upon—
(i) the sale of a house by a person to whom a loan or sale specified in subsection (1) of this section is made in respect of that house,
(ii) the lease, letting or transfer of a house to which this section refers to a person other than the spouse, parent, son or daughter of such person as aforesaid, or
(iii) the redemption of a loan made under section 39 of the Principal Act of the payment of the purchase money, in relation to a sale under section 90 of the Principal Act,
within a specified period after the payment of a subsidy under this section in relation to the relevant loan or sale, as the case may be, the person shall pay to the housing authority a specified amount not exceeding the amount of the subsidy or subsidies, and the authority shall pay to the Minister a specified amount not exceeding the amount of the subsidy paid under subsection (1) of this section.
18. Certificates of reasonable value.
(1)
(a) Subject to subsection (3) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister, on the application in writing of a person who appears to the Minister to be providing for sale a new house, may, subject to compliance by the person with the provisions of this section, grant to the person in respect of the sale of the house a certificate (which shall be known as a certificate of reasonable value and is in this section referred to as “a certificate”) stating that the house appears to the Minister at the time of the granting of the certificate and on the basis of the information available to the Minister at the time to represent reasonable value for the amount specified in the certificate, and specifying such other matters, if any, as the Minister considers appropriate.
(b) The Minister may, on the application in writing of a person in relation to a new house, if it appears to the Minister that the house is not being provided for sale, grant to the person a certificate (which shall be known as a certificate of exemption) stating that it so appears to the Minister.
(c) An application under this subsection shall be accompanied by a fee of such amount as may be prescribed from time to time for the purpose of this subsection.
(2)
(a) Regulations for the purpose of this subsection may specify the loans to which this subsection applies, and the specification may relate to all loans or to loans that do not exceed a specified amount or to loans that are not less than a specified amount or to loans that do not exceed a specified amount and are not less than another specified amount.
(b) If and whenever regulations for the purpose of this subsection specifying the loans to which this subsection applies are in force, a loan so specified shall not be made by an assurance company, a bank, a building society, or other industrial or commercial organisation or a housing authority (hereinafter referred to as (“the lender”) in respect of a new house unless the person who made the application for the loan furnishes to the lender either a certificate in respect of the sale of the house, or a certificate of exemption in respect of the house, and the provisions of any regulations for the purpose of this subsection are complied with.
(c) A person who contravenes paragraph (b) of this subsection shall be guilty of an offence.
(3) The Minister shall not grant a certificate in respect of the sale of a house—
(a) if the amount of the consideration for the sale (in this section subsequently referred to as (“the price”) is greater than the greatest amount for which, in the opinion of the Minister, the house represents reasonable value, or
(b) if the price is greater than an amount standing prescribed for the time being under subsection (9)(g) of this section, or
(c) if the sale is completed before the date of the receipt by the Minister of an application for the certificate, or
(d) if the amount of the cost or value site of the house included in the price is greater than an amount standing prescribed for the time being under subsection (9) (h) of this section.
(4)
(a) The Minister may refuse to grant a certificate in any case where the amount of the cost or value of the site of a house included in the price is greater than the amount for which the site appears to the Minister to represent reasonable value.
(b) For the purpose of paragraph (a) of this subsection, the Minister may, on the application in writing of either the vendor or purchase of the site of a house indicate in writing in advance of an application for a certificate whether or not a particular amount proposed to be included in the price as the cost or value of the site appears to the Minister to represent reasonable value.
(5)
(a) Where the Minister decided under subsection (3)(a) or (4)(a) of this section not to grant a certificate, he shall notify in writing the person who applied for such grant of his decision and the person may, within the period of 21 days beginning on the date of receipt by him of the notification, appeal to the Circuit Court against the decision and that Court may, on the hearing of the appeal, as it thinks proper, affirm the decision or direct the Minister to grant the certificate.
(b) Notice of an appeal under this section shall be given to the Minister and an officer of the Minister shall be entitled to appear and be heard on the hearing of the appeal.
(c) No appeal shall lie from a decision of the Circuit Court on an appeal under this subsection.
(6) The Minister may, on the application in writing of an person to whom a certificate was granted under subsection (1)(a) of this section, or of any other person who appears to the Minister at the time of the application to be providing a house referred to in a certificate, revoke the certificate and grant another certificate in different terms from the first-mentioned certificate in respect of the sale to which the first-mentioned certificate related.
(7)
(a) An application to the Minister for the grant of a certificate or a certificate of exemption shall be supported by such information as the Minister may require for the purpose of his functions under this section in relation to the grant.
(b) A person who furnishes information to the Minister under this section that is false or misleading shall be guilty of an offence.
(8)
(a) It shall be the duty of a person to whom a certificate is granted in respect of the sale of a house to ensure that the standards in relation to—
(i) the design, specification, construction and finish of the house,
(ii) the nature and quality of the materials used in the construction and finish of the house,
(iii) the total floor area of the house, measured in such manner as may be determined by the Minister from time to time,
(iv) such fixtures, fittings or other articles as are included with the house in the sale, their design, manufacture and finish and their nature and quality, and
(v) the fitting or installation of the fixtures, fittings and articles aforesaid,
are not inferior to or less in value than those specified, expressly or by implication, by the person to the Minister under subsection (7) of this section.
(b) It shall be the duty of a person to whom a certificate is granted in respect of the sale of a house, and of the purchaser of the house on that sale, to ensure that the price charged or paid for the sale, as the case may be, is not greater than the amount specified in the certificate, such amount being varied, where appropriate, to take into account the reasonable additional cost, or saving, caused by any alteration—
(i) of the standard referred to in paragraph (a) of this subsection or in relation to the matters referred to in subparagraphs (i) to (v) of that paragraph, or
(ii) if the price aforesaid is stated in the certificate to be subject to variation, of the cost of the provision of the house and of any fixtures, fittings or other articles included in the sale thereof.
(c) A person who contravenes paragraph (a) or (b) of this subsection shall be guilty of an offence.
(9) Without prejudice to the generality of subsections (1) and (2) of this section, regulations under this section may make provision in relation to all or any one or more of the following:
(a) requirements in relation to an application to the Minister for a certificate or a certificate of exemption that shall be complied with by the person making the application,
(b) conditions to which the grant of a certificate shall be subject,
(c) requirements as to the total floor area of a house to which a certificate relates,
(d) conditions or clauses in a contract for the sale of a house to which a certificate relates providing for the variation of the price for the sale,
(e) requirements in relation to the contents and display of notices at or near houses or sites where houses are being or are to be provided, being houses or proposed houses to which certificates relate,
(f) requirements in relation to the inspection of houses and sites by officers of the Minister,
(g) the amount that is the greatest price that may be specified by the Minister in a certificate, and
(h) the amount that is the greatest amount that may be reckoned by the Minister in respect of the cost or value of the site of a house in determining an application for a certificate.
(10)
(a) Without prejudice to any penalties which may be imposed under this section, the Minister may, at his discretion, in any case where he is satisfied that a person to whom a certificate was granted has supplied information under subsection (7)(a) of this section that is false or misleading or has contravented paragraph (a) or (b) of subsection (8) of this section, or a condition subject to which the certificate was granted, do either or both of the following, that is to say:
(i) revoke the certificate in respect of which the contravention has occured,
(ii) refuse for such period as he considers appropriate (but not exceeding five years from the date of the notification to the person under paragraph (b) of this subsection) to grant a certificate to the person or to a person connected with him (any question whether a person is connected with another person being, for the purpose of this subsection, determined in accordance with section 96(3) of the Income Tax Act, 1967, with the modification that references in said section 96(3) to control inrelation to a company shall be construed as references to the ownership of not less than 20 percent in nominal value of the share capital of the company).
(b) Before the Minister exercises a power under this subsection, he shall notify in writing the person concerned of his intention to do so and shall include in the notification particulars of the nature of and the reasons for such exercise and shall consider any representations from the person concerned if they are received by the Minister not later than the expiration of the period of 21 days beginning on the day on which he is notified under this paragraph.
(c) In exercising a power under this subsection, the Minister shall notify in writing the person concerned of his decision.
(d) A person may, within a period of three months beginning on the date of receipt by him of the Minister’s decision under paragraph (a) of this subsection or of his opinion under subsection (16) of this section, appeal to the High Court against the decision or opinion and on such appeal the High Court may affirm, reverse or vary such decision or opinion.
(11)
(a) A person shall not forge a document a purporting to be a certificate or a certificate of exemption.
(b) A person shall not, with intent to deceive, either alter or use a certificate or a certificate of exemption.
(c) A person who contravenes this subsection shall be guilty of an offence.
(12) Where—
(a) a person to whom a certificate has been granted contravenes a condition subject to which it was granted, or
(b) a person contravenes a regulation under this section,
he shall be guilty of an offence.
(13) Where the commission by any person of an offence under this section is due to the act on default of some other person, that other person shall also be guilty of the offence and may be charged with and convicted of the offences by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(14)
(a) In any proceedings for an offences under this section (other than subsection (11) it shall, subject to paragraph (b) of this subsection, be a defence for the person charged to prove—
(i) that the commission of the offence was due to a mistake or to the act or default of another person or the reliance on information supplied to him by another person, an accident or some other cause beyond his control, and
(ii) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control.
(b) If in any case the defence the provided by paragraph (a) of this subsection involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, not less than seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(15)
(a) A person guility of an offenceunder this section shall be liable on conviction on indictment to a fine not exceeding [€63,487].
(b) A Justice of the District Court shall have jurisdiction to try summarily an offence under this section if—
(i) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,
(ii) the Director of Public Prosecutions consents, and
(iii) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily,
and, upon conviction under this paragraph, the said defendant shall be liable to a [class B fine].
(c) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalty provided for by paragraph (b) of this subsection and the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.
(16) In this section—
“assurance company” has the meaning assigned to it by the Insurance Acts, 1909 to 1978;
“bank” means the holder of a licence under section 9 of the Central Bank Act, 1971, of 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;
“sale”, in relation to a house, includes a sale of land and an agreements relating to the erection of a house thereon which, in the opinion of the Minister, is associated with such sale irrespective of whether—
(i) such sale is conditional on the making of such agreement, or
(ii) the vendor of the land is a party to such agreement.
21. Transfer of certain land by Minister for Health to Dublin Corporation and Commissioners of Public Works.
(1) in this section—
“the Commissioners” means the Commissioners of Public Works in Ireland;
“the Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;
“the Minister” means the Minister for Health.
(2) The Minister may by order—
(a) for such consideration as may be specified in the order, transfer to the Commissioners a specified part of the land acquired by him under Part III of the Saint Laurence’s Hospital Act, 1943, and
(b) for such consideration as may be specified in the order, transfer to the Corporation the remainder of the said land for housing purposes.
(3)
(a) An order under subsection (2) (a) of this section shall operate to vest the land described in the order in the Commissioners freed and discharged from all trusts for all the estate and interest for which such land is vested in the Minister.
(b) An order under subsection (2) (b) of this section shall operate to vest the land is vested in the described in the order in the Corporation freed and discharged from all trusts for all the estate and interest for which such land is vested in the Minister.
22. Validation.
Where—
(a) a grant or subsidy was paid by the Minister or a housing authority, being a grant or subsidy specified in a provision of this Act set out in column (2) of the Table to this section at any reference number in column (1) of the said Table on or after the date specified in column (3) of the said Table at that reference number but before the commencement of the said provision, and
(b) the grant or subsidy would have been a valid and effectual grant or subsidy, as the case may be, under the said provision if it had been paid after such commencement,
the grant or subsidy shall be as valid and effectual, and be deemed always to have been as valid and effectual, as if it had been paid after such commencement.
TABLE
Reference Number (1)
Provision of this Act (2)
Date (3)
1
section 2
14th May, 1973
2
section 4
6th July, 1977
3
section 5
1st June, 1972
4
section 6
1st February, 1972
5
section 7
1st January, 1978
6
section 10
1st April, 1973
7
section 11
22nd November, 1976
8
section 12
1st June, 1977
23. 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) Where—
(a) an application for a grant under section 15, 16 or 18 of the Principal Act was received by the Minister or the council of a county acting on behalf of the Minister on or before the 30th day of December, 1977, and the house to which the application relates was, in the opinion of the Minister or the council, satisfactorily completed on or before the 31st day of December, 1978,
(b) works, consisting of the installation of a group water supply or group sewerage facilities or both and in respect of which a grant is payable under section 2 of the Local Government (Sanitary Services) Act, 1962, commenced on or before the 31st day of October, 1977, and are or were, in the opinion of the Minister, satisfactorily completed on or before the 31st day of December, 1979,
(c) in the case of works in respect of which a grant is payable under the said section 2, not being works of a kind referred to in paragraph (b) of this subsection, an application for a grant under that section was received by the Minister or a sanitary authority acting on behalf of the Minister on or before the 31st day of October, 1977, and the works were, in the opinion of the Minister or the sanitary authority, satisfactorily completed on or before the 31st day of December, 1978,
(d) an application for a grant under section 19, 21, 22, 23, 24 or 25 of the Principal Act was received by the Minister or the council of a county acting on behalf of the Minister on or before the 31st day of January, 1978, and the works concerned commenced on or before the 31st day of October, 1977, and were, in the opinion of the Minister or the council, satisfactorily completed before the 31st day of December, 1978, or
(e) an application for a grant under section 26, 27, 28, 29, 30, 31 or 32 of the Principal Act or section 3 of the Local Government (Sanitary Services) Act, 1962, is received by the appropriate housing authority or sanitary authority on or before the 31st day of December 1979,
and, but for subsection (1) of this section, the grant would fail to be paid, then, notwithstanding that subsection, the grant may be paid provided that the application for the payment of the grant is received by the Minister or the appropriate housing authority or sanitary authority, as the case may be, on or before the 31st day of January, 1980.
(3) 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.
(4) In this section “sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964.
24. Short title, collective citation, construction and commencement.
(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1979.
(2) The Housing Acts, 1966 to 1970, and this Act may be cited together as the Housing Acts, 1966 to 1979, and shall be construed together as one Act.
(3) This Act, save as is otherwise expressly provided for therein, 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.