Housing Act 1966

Housing Act 1966


Number 21 of 1966


HOUSING ACT 1966

REVISED

Updated to 1 May 2019


This Revised Act is an administrative consolidation of Housing Act 1966. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, and all statutory instruments up to and including Radiological Protection Act 1991 (Non-Ionising Radiation) Order 2019 (S.I. No. 190 of 2019), made 3 May 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 21 of 1966


HOUSING ACT 1966

REVISED

Updated to 1 May 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Housing Acts 1966 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Residential Tenancies (Amendment) Act 2015 (42/2015), s. 1(3)). The Acts in this group are:

Housing Act 1966 (21/1966)

Housing (Miscellaneous Provisions) Act 1979 (27/1979)

Housing Act 1988 (28/1988), other than ss. 27 and 28

Housing (Miscellaneous Provisions) Act 1992 (18/1992), other than ss. 29 and 30 and ss. 38(3) and (4)

Housing (Miscellaneous Provisions) Act 1997 (21/1997), other than ss. 16, 17 and 24(3)

Housing (Traveller Accommodation) Act 1998 (33/1998), other than ss. 26 and 27

Housing (Miscellaneous Provisions) Act 2002 (9/2002), other than ss. 17 to 20, 22, 23 and 24 and schs. 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), other than s. 2

Housing (Miscellaneous Provisions) Act 2009 (22/2009), other than s. 100

Housing (Amendment) Act 2013 (22/2013)

Local Government Reform Act 2014 (1/2014), ss. 1(4), 5(3), sch. 2 part 1, sch. 4 paras. 1 and 14m and sch. 4 para. 16, in so far as they relate to the Housing Act 1966

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Residential Tenancies (Amendment) Act 2015 (42/2015), ss. 1(3), 15, 85 and 87

Acts previously included in this collective citation and construction but now repealed are:

Housing Act 1969 (16/1969)

Housing Act 1970 (18/1970)

Housing Act 1984 (1/1984)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Local Government Reform Act 2014 (1/2014)

National Asset Management Agency Act 2009 (34/2009)

Land And Conveyancing Law Reform Act 2009 (27/2009)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Grangegorman Development Agency Act 2005 (21/2005)

Residential Tenancies Act 2004 (27/2004)

Housing (Miscellaneous Provisions) Act 2002 (9/2002)

Local Government Act 2001 (37/2001)

Planning and Development Act 2000 (30/2000)

Finance Act 1999 (2/1999)

Housing (Traveller Accommodation) Act 1998 (33/1998)

Roads (Amendment) Act 1998 (3/1998)

Housing (Miscellaneous Provisions) Act 1997 (21/1997)

Dublin Docklands Development Authority Act 1997 (7/1997)

Transport (Dublin Light Rail) Act 1996 (24/1996)

Casual Trading Act 1995 (19/1995)

Local Government (Dublin) Act 1993 (31/1993)

Roads Act 1993 (14/1993)

Housing (Miscellaneous Provisions) Act 1992 (18/1992)

Housing Act 1988 (28/1988)

Urban Renewal (Amendment) Act 1987 (16/1987)

Industrial Development Act 1986 (9/1986)

Housing Act 1984 (1/1984)

Housing (Private Rented Dwellings) Act 1982 (6/1982)

Casual Trading Act 1980 (43/1980)

Housing (Miscellaneous Provisions) Act 1979 (27/1979)

Local Government (Financial Provisions) Act 1978 (35/1978)

Landlord and Tenant (Ground Rents) Act 1978 (7/1978)

Housing Act 1970 (18/1970)

Finance Act 1969 (21/1969)

Housing Act 1969 (16/1969)

All Acts up to and including Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Housing (Standards For Rented Houses) Regulations 2019 (S.I. No. 137 of 2019)

Housing (Financial Assistance) Regulations 2019 (S.I. No. 104 of 2019)

Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015)

Housing (Adaptation Grants for Older People and People with a Disability) (Amendment) Regulations, 2014 (S.I. No. 104 of 2014)

Housing (Sale of Houses) (Amendment) Regulations 2013 (S.I. No. 507 of 2013)

Housing (Sale of Houses to Long-Standing Tenants) (Amendment) Regulations 2012 (S.I. No. 465 of 2014)

Housing (Sale of Houses) Regulations 2012 (S.I. No. 420 of 2012)

Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011)

Housing (Sale of Houses to Long-standing Tenants) Regulations 2011 (S.I. No. 82 of 2011)

Housing (Rent Books) (Amendment) Regulations 2010 (S.I. No. 357 of 2010)

Housing (Standards For Rented Houses)(Amendment) Regulations 2009 (S.I. No. 462 of 2009)

Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008)

Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008)

Housing (Adaptation Grants for Older People and People With A Disability), Regulations 2007 (S.I. No. 670 of 2007)

Housing (Site Subsidy) Regulations 2005 (S.I. No. 916 of 2005)

Housing (Rent Subsidy) Regulations 2005 (S.I. No. 915 of 2005)

Housing (Mortgage Subsidy) Regulations 2005 (S.I. No. 914 of 2005)

Housing Regulations 1980 (Amendment) Regulations 2005 (S.I. No. 913 of 2005)

Housing (Rent Books) Regulations 1993 (Amendment) Regulations 2004 (S.I. No. 751 of 2004)

Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2003 (S.I. No. 502 of 2003)

Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2002 (S.I. No. 517 of 2002)

Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 2002 (S.I. No. 106 of 2002)

Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001)

Housing (New House Grant Etc.) Regulations 1990 (Amendment) Regulations 2001 (S.I. No. 609 of 2001)

Housing Regulations, 1980 (Amendment) Regulations 2001 (S.I. No. 608 of 2001)

Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001 (S.I. No. 607 of 2001)

Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001)

Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 2001 (S.I. No. 320 of 2001)

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

Housing (Registration of Rented Houses) (Amendment) Regulations 2000 (S.I. No. 12 of 2000)

Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999)

Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1998 (S.I. No. 537 of 1998)

Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 1998 (S.I. No. 434 of 1998)

Housing Regulations 1980 (Amendment) (No. 2) Regulations 1998 (S.I. No. 426 of 1998)

Housing (Mortgage Allowance) Regulations 1993 (Amendment) Regulations 1998 (S.I. No. 153 of 1998)

Housing Regulations 1980 (Amendment) Regulations 1998 (S.I. No. 152 of 1998)

Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 1998 (S.I. No. 151 of 1998)

Housing (Improvement Grants) (Thatched Roofs) Regulations, 1990 (Amendment) Regulations 1998 (S.I. No. 150 of 1998)

Housing (Sale of Houses) Regulations 1995 (Amendment) Regulations 1998 (S.I. No. 91 of 1998)

Housing Regulations 1980 (Amendment) Regulations 1996 (S.I. No. 148 of 1996)

Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1996 (S.I. No. 88 of 1996)

Housing (Registration of Rented Houses) Regulations 1996 (S.I. No. 30 of 1996)

Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1995 (S.I. No. 211 of 1995)

Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995)

Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993)

Housing (Sale of Dwellings) Regulations 1993 (S.I. No. 267 of 1993)

Housing (Disabled Persons and Essential Repairs Grants) Regulations 1993 (S.I. No. 262 of 1993)

Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 1993 (S.I. No. 214 of 1993)

Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1993 (S.I. No. 157 of 1993)

Housing (Standards For Rented Houses) Regulations 1993 (S.I. No. 147 of 1993)

Housing (Rent Books) Regulations 1993 (S.I. No. 146 of 1993)

Housing (Mortgage Allowance) Regulations 1993 (S.I. No. 32 of 1993)

Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (S.I. No. 86 of 1992)

Housing Regulations 1980 (Amendment) Regulations 1992 (S.I. No. 30 of 1992)

Housing (New House Grants Etc.) (Amendment) Regulations 1990 (S.I. No. 301 of 1990)

Housing (Improvement Grants) (Thatched Roofs) Regulations 1990 (S.I. No. 300 of 1990)

Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990)

Housing (Improvement Grants) Regulations 1989 (S.I. No. 290 of 1989)

Housing Act, 1988 (Commencement) Order 1989 (S.I. No. 40 of 1989)

Housing (Miscellaneous Provisions) Regulations 1988 (S.I. No. 362 of 1988)

Housing Act, 1988 (Commencement) (No. 2) Order 1988 (S.I. No. 295 of 1988)

Housing (Improvement Grants) Regulations 1988 (S.I. No. 261 of 1988)

Finance Act 1981 (Certificates of Reasonable Cost) Regulations, 1981 (Amendment) Regulations 1988 (S.I. No. 163 of 1988)

Housing Regulations 1980 (Amendment) Regulations 1987 (S.I. No. 301 of 1987)

Housing Regulations 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986)

Housing Regulations 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985)

Housing Regulations 1980 (Amendment) (No. 2) Regulations 1984 (S.I. No. 203 of 1984)

Housing (Improvement Grants) (Amendment) Regulations 1984 (S.I. No. 133 of 1984)

Housing Regulations 1980 (Amendment) Regulations 1984 (S.I. No. 50 of 1984)

Housing (Improvement Grants) Regulations 1983 (S.I. No. 330 of 1983)

Finance Act 1981 (Certificates of Reasonable Cost) Regulations (Amendment) Regulations 1983 (S.I. No. 39 of 1983)

Housing Regulations 1980 (Amendment) Regulations 1983 (S.I. No. 38 of 1983)

Housing Regulations 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982)

Finance Act 1981 (Certificates of Reasonable Cost) Regulations 1981 (S.I. No. 300 of 1981)

Housing Regulations 1980 (Amendment) (No. 3) Regulations 1981 (S.I. No. 186 of 1981)

Housing Regulations 1980 (Amendment) (No. 2) Regulations 1981 (S.I. No. 185 of 1981)

Housing Regulations 1980 (Amendment) Regulations 1981 (S.I. No. 29 of 1981)

Housing Regulations 1980 (S.I. No. 296 of 1980)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1978 (S.I. No. 337 of 1978)

Housing Authorities (Borrowing and Management) Regulations,1974 (Amendment) Regulations 1978 (S.I. No. 270 of 1978)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) (No. 2) Regulations 1977 (S.I. No. 293 of 1977)

Social Welfare (Supplementary Welfare Allowances) Regulations 1977 (S.I. No. 168 of 1977)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1977 (S.I. No. 40 of 1977)

Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations 1976 (S.I. No. 143 of 1976)

Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974)

Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order 1974 (S.I. No. 215 of 1974)

Housing Act 1970 (Supplementary Grants) (Amendment) Regulations 1974 (S.I. No. 132 of 1974)

Housing Act 1970 (Supplementary Grants) Regulations 1973 (S.I. No. 259 of 1973)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1973 (S.I. No. 250 of 1973)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations (No. 2) 1972 (S.I. No. 294 of 1972)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1972 (S.I. No. 159 of 1972)

Housing Authorities (Loans For Acquisition Or Construction of Houses) Regulations 1972 (S.I. No. 29 of 1972)

Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1971 (S.I. No. 111 of 1971)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1970 (S.I. No. 42 of 1970)

Fines and Penalties (Disposal) Order 1969 (S.I. No. 165 of 1969)

Housing Authorities (Loan Charges Contributions and Management) (Amendment) Regulations 1969 (S.I. No. 109 of 1969)

Housing Authorities (Loans For Acquisition Or Construction of Houses) (Amendment) Regulations 1968 (S.I. No. 143 of 1968)

Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (S.I. No. 71 of 1967)

Housing Act 1966 (Commencement) Order 1967 (S.I. No. 70 of 1967)

Housing Act 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966)

Housing Act 1966 (Commencement) Order 1966 (S.I. No. 277 of 1966)

All statutory instruments up to and including Radiological Protection Act 1991 (Non-Ionising Radiation) Order 2019 (S.I. No. 190 of 2019), made 3 May 2019, were considered in the preparation of this revision.


Number 21 of 1966.


HOUSING ACT 1966

REVISED

Updated to 1 May 2019


ARRANGEMENT OF SECTIONS

PART I

Preliminary And General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Service of notices, etc.

4.

Obligation to give information to housing authority.

5.

Regulations generally.

6.

Repeals.

PART II

Financial Provisions

Chapter I

Expenses under Act

7.

Expenses of administration of Minister.

8.

Charging of expenses of housing authority who are county council.

9.

Payment of expenses under section 111 of Act.

10.

Power to set off.

Chapter II

Assistance of Certain Research, Training and Bodies

11.

Assistance by Minister of certain research and training.

12.

Assistance by housing authority of certain bodies.

Chapter III

Housing Loans and Grants, etc.

13.

Definition for purposes of Chapter III of part II.

14.

Regulations for purposes of sections in Chapter III of part II.

15.

Grants by Minister for provision of houses.

16.

Grants by Minister for provision of houses for farmers and others.

17.

Grants by Minister for provision of second houses on transfer of certain holdings.

18.

Grants by Minister for erection of flats or maisonettes.

19.

Grants by Minister for housing of elderly persons and others.

20.

Grants by Minister for provision of prototype houses.

21.

Grants by Minister to persons for reconstruction of houses.

22.

Further grants by Minister for reconstruction of houses.

23.

Grants by Minister for essential repairs.

24.

Grants by Minister to housing authority for improvement of houses.

25.

Grants by Minister to housing authority in respect of works executed in pursuance of section 69 of Act.

26.

Supplementary grants by housing authority to persons for provision of houses.

27.

Supplementary grants by housing authority for erection of flats or maisonettes.

28.

Supplementary grants by housing authority to bodies for provision of houses for elderly persons and for other purposes.

29.

Supplementary grants by housing authority for reconstruction of houses.

30.

Supplementary grants and other assistance by housing authority for essential repairs.

31.

Supplementary grants by housing authority where certain grants are made under section 3 of Housing (Gaeltacht) Act 1929.

32.

Grants by certain housing authorities for accommodation for person suffering from Pulmonary tuberculosis.

33.

Modification and restriction on increase of rateable valuation in certain cases.

34.

Repayment of grant to Minister or housing authority on breach of undertaking.

35.

Withholding or reduction in amount of grant.

36.

Making of grant to successor of deceased applicant.

37.

Restriction of local Acts and other provisions.

38.

Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument.

39.

Loans by housing authority for acquisition or construction of houses.

40.

Loans by housing authority for reconstruction, repair, and improvement of houses.

41.

Sale by Land Commission of land subject to charge in favour of housing authority.

42.

Schemes for guarantees.

43.

Guarantee of advances to builders.

Chapter IV

Contributions by Minister to Certain Annual Loan Charges

44.

Contributions by Minister to certain annual loan charges of housing authorities.

45.

Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes.

46.

Withholding or reduction in amount of contributions.

47.

Payment by Minister in lieu of contributions to annual loan charges.

48.

Subsidy by Minister in respect of certain loan charges.

Chapter V

Displacement Allowances

49.

Power of housing authority to make allowances to certain persons displaced.

Chapter VI

Stamp Duties

50.

Remission of Stamp duties on certain agreements, etc.

51.

Amendment of section 12 of Finance Act, 1895.

52.

Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949.

PART III

Provision and Management of Dwellings

53.

Duty of housing Authority to make inspection and to assess adequacy of supply and condition of housing.

54.

Review by housing authority of cost of housing services.

55.

Building Programmes.

56.

Provision of dwellings.

57.

Power of housing authority to provide building sites.

58.

Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith.

59.

Amendment of section 1 of Local Government (Rates on Small Dwellings) Act, 1928.

60.

Duty of housing authority to make scheme of priorities for letting housing accommodation.

61.

Requiring information from tenants and persons applying for tenancies.

62.

Recovery of Possession of dwellings and other buildings.

PART IV

Overcrowded And Unfit Houses

63.

Definition of “ overcrowding”.

64.

Obligation to give particulars relating to a house.

65.

Overcrowded houses.

66.

Unfit houses.

67.

Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking.

68.

Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.

69.

Enforcement of repairs notice or demolition order.

70.

Bye-laws in relation to rented houses.

71.

Recovery of expenses of repair and demolition, etc.

72.

Appeals.

73.

Power of Circuit Court to determine lease of house in respect of which demolition order is made.

74.

Action under section 65, 66 or 69 of Act not to prejudice other remedies.

PART V

Acquisition of Land, etc.

75.

Definitions for purposes of Part V and Third Schedule.

76.

Procedure for compulsory acquisition of land.

77.

Compulsory acquisition of land not immediately required.

78.

Validity and date of operation of compulsory purchase orders.

79.

Notice to treat.

80.

Power of entry on, taking possession and use of land.

81.

Vesting order.

82.

Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942.

83.

Extinguishment of ways, easements, etc.

84.

Assessment of compensation in respect of land acquired compulsorily.

85.

Appropriation of land to purposes of this Act.

86.

Amendment of section 10 of Local Government (No. 2) Act, 1960.

87.

Amendment of section 10 of Local Government (Ireland) Act, 1898.

PART VI

Disposal of Land and Dwellings

Chapter I

Land

88.

Disposal of land by housing authority.

Chapter II

Certain Dwellings Provided under this Act

89.

Interpretation (Chapter II of Part VI).

90.

Power of housing authority to sell or lease certain dwellings provided under this Act.

91.

Recovery of payments in respect of purchase money.

92.

Registration under Registration of Title Acts, 1891 and 1942 of ownership of dwellings sold or leased under section 90 of Act.

Chapter III

Purchase of Certain Cottages under Act of 1936.

93.

Interpretation (Chapter III of Part VI) and saver.

94.

Purchase of certain cottages under Act of 1936.

95.

Restriction on applications under section 16 of Act of 1936.

96.

Cottages in urban areas.

97.

Power to declare certain persons to be qualified persons.

98.

Cottage or plot may be charged, mortgaged, subdivided or alienated.

99.

Redemption of annuities.

100.

Act of 1936 wholly or otherwise to cease to apply in certain circumstances.

101.

Provisions as respects amount of annuities.

102.

Amendment of certain provisions of, and validation of certain orders under, Act of 1936.

103.

Amendment of section 46 of Land Act, 1923.

104.

Amendment of sections 6 and 7 of Land Act, 1946.

105.

Saver.

Chapter IV

Miscellaneous

106.

Duty of housing authority to put certain cottages and dwellings into good structural condition.

107.

Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority.

108.

Capital money.

PART VII

Exercise and Default in Exercise of Functions under this Act

109.

Exercise by housing authority of functions under this Act outside functional area.

110.

Committees.

111.

Failure of housing authority as respects performance of functions under Act.

PART VIII

Miscellaneous

112.

Provision of technical assistance.

113.

Power to provide prizes or other incentives for the maintenance of houses, etc.

114.

Conditions to be complied with on letting of house for habitation.

115.

Prohibition on persons interested voting as members of housing authority or certain committees.

116.

Prosecutions and offences.

117.

Power of authorised person to enter on land.

118.

Certain dwellings to be deemed to be provided under this Act.

119.

Small dwellings.

120.

Amendment of Housing of Working Classes Act, 1890.

121.

Savings.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE


Acts Referred to

Local Registration of Title (Ireland) Act, 1891

1891, c. 66

Labourers Act, 1936

1936, No. 24

Housing (Amendment) Act, 1948

1948, No. 1

Housing (Amendment) Act, 1952

1952, No. 16

Local Government (No. 2) Act, 1960

1960, No. 40

Housing (Loans and Grants) Act, 1962

1962, No. 27

Health Act, 1947

1947, No. 28

Health Authorities Act, 1960

1960, No. 9

Local Government Act, 1941

1941, No. 23

Registration of Deeds Act, 1707

1707, c. 2

Companies Act, 1963

1963, No. 33

Local Government (Amendment) (No. 2) Act, 1934

1934, No. 44

Industrial Research and Standards Act, 1961

1961, No. 20

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Housing (Gaeltacht) (Amendment) Act, 1959

1959, No. 16

Housing (Gaeltacht) Act, 1929

1929, No. 41

Housing (Amendment) Act, 1958

1958, No. 27

Housing (Amendment) Act, 1954

1954, No. 16

Housing (Gaeltacht) (Amendment) Act, 1953

1953, No. 6

Acquisition of Land (Assessment of Compensation) Act, 1919

1919, c. 57

Property Values (Arbitrations and Appeals) Act, 1960

1960, No. 45

Insurance Act, 1936

1936, No. 45

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Sanitary Services) Act, 1964

1964, No. 29

Finance Act, 1895

1895, c. 16

Finance (No. 2) Act, 1947

1947, No. 33

Finance Act, 1949

1949, No. 13

Stamp Act, 1891

1891, c. 39

Land Law (Ireland) Act, 1881

1881, c. 49

Local Government (Rates on Small Dwellings) Act, 1928

1928, No. 4

Public Assistance Act, 1939

1939, No. 27

Rent Restrictions Act, 1960

1960, No. 42

Working Classes Act, 1890

1890, c. 70

Housing (Ireland) Act, 1919

1919, c. 45

Land (Reference Committee) Act, 1925

1925, No. 22

Local Government (Ireland) Act, 1898

1898, c. 37

Local Government Act, 1946

1946, No. 24

Housing and Labourers Act, 1937

1937, No. 42

Land Reclamation Act, 1949

1949, No. 25

Land Act, 1923

1923, No. 42

Labourers Act, 1965

1965, No. 24

Land Act, 1946

1946, No. 12

Housing (Amendment) Act, 1942

1942, No. 15

Labourers (Ireland) Act, 1906

1906, c. 37

Housing (Management and Letting) Regulations, 1950

1950, S.I. No. 47

Housing (Miscellaneous Provisions) Act, 1931

1931, No. 50

Housing (Financial and Miscellaneous Provisions) Act, 1932

1932, No. 19

Interpretation Act, 1937

1937, No. 38

Lands Clauses Consolidation Act, 1845

1845, c. 18

Housing (Amendment) Act, 1950

1950, No. 25


Number 21 of 1966.


HOUSING ACT 1966

REVISED

Updated to 1 May 2019


AN ACT TO MAKE PROVISION WITH RESPECT TO HOUSING (INCLUDING THE PROVISION OF LOANS AND GRANTS BY THE STATE AND BY LOCAL AUTHORITIES IN RELATION TO HOUSING), FOR THAT PURPOSE TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO HOUSING, TO AMEND CERTAIN OTHER ENACTMENTS AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12 th July, 1966.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Housing Acts restricted (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 14(1), S.I. No. 247 of 1997, and s. 14A as inserted (11.09.1998) by Housing (Traveller Accommodation Act 1998 (33/1998), s. 35(b), S.I. No. 328 of 1998; as substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(9), S.I. No. 121 of 2015.

Letting and sale of local authority housing.

14.[(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may—

(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection (1) of the said section 22 refers, to a household where—

(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour or that an allocation to that household would not be in the interest of good estate management, or

(ii) the household fails to provide information, including information relating to members residing together or proposing to reside together as part of the household, which is requested by the authority and which the authority considers necessary in connection with an allocation,

or

(b) refuse to permit a person, or defer permitting a person, to take up or resume residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers where—

(i) the authority considers that the person is or has been engaged in anti-social behaviour or that such permission would not be in the interest of good estate management, or

(ii) the tenant of the dwelling or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give, refuse or defer such permission.]

...

[ Authorisation to occupy caravan on site

14A. Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority may refuse or defer an authorisation to a person to occupy a caravan on a site where—

(a) the authority considers that that person or a member of his or her household is or has been engaged in anti-social behaviour or that the occupation by that person or household member of a caravan on the site would not be in the interest of good estate management, or

(b) that person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the authority and which the authority considers necessary in respect of the application for such authorisation.]

C2

Reference to “a housing authority” under collectively cited Housing Acts construed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1) and (2); as substituted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 16(a), S.I. No. 329 of 2002; as substituted (1.02.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; and as substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1 .

Definition of housing authority and transfer of functions.

23.[(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;

...]

C3

Reference to “county council”, “city council” and “county council and a city council”, and reference to “the administrative area of a county council”, “the administrative area of a city council” and “the administrative area of a county council and the administrative area of a city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C4

Application of collectively cited Housing Acts potentially restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

...

Housing Acts 1966 to 2009

...

C5

Power granted to Minister to issue guidelines and codes of practice, and a licence, consent, permission, permit, derogation or other authorisation given under collectively cited Housing Acts 1966 to 2009 may require compliance with an issued guideline and code of practice as provided (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 63(3), 71 and sch. 2.

General provisions regarding licences etc

63. ...

(3) A person who fails to comply with the terms, conditions, restrictions or requirements of a licence, consent, permission, permit, derogation or other authorisation given by a public authority pursuant to or in accordance with these Regulations shall be guilty of an offence.

...

Guidelines and codes of practice

71. (1) The Minister may issue guidelines and codes of practice in relation to the performance of the functions of public authorities insofar as the requirements of these Regulations, the Habitats Directive or the Birds Directive apply to those functions, or in relation to the general duties of other persons to which these Regulations apply.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

Housing Acts 1966 to 2009

C6

Power granted to Minister to give directions and issue guidelines under collectively cited Housing Acts 1966 to 2009 (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 4, S.I. No. 449 of 2009.

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.

...

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.

...

C7

Certain functions under collectively cited Housing Acts 1966 to 2009 transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 59(1) and sch. 3 item 43, S. I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

43. Housing Acts 1966 to 2002

C8

Reference to “a functional area of a health board”, “the Eastern Regional Health Authority” and “an Area Health Board” under collectively cited Housing Acts 1966 to 2009 construed (1.01.2005) by Health Act 2004 (42/2004), s. 67(2) and sch. 3 item 43, S.I. No. 887 of 2004.

Functional areas of dissolved health boards.

67.— ...

(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—

( a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or

( b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

43. Housing Acts 1966 to 2002

C9

Certain functions conferred under Act transferred (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(1), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister: ...

Housing Act, 1966;

...

C10

Reference to “land” construed by Roads Act 1993 (14/1993), s. 52(7), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 5(b), commenced on enactment.

Acquisition of land and implementation of scheme.

52. ...

[ (7) For the purposes of subsection (1), any reference in section 10(1) (inserted by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, or in the Housing Act, 1966, to land shall include a reference to a substratum of land.]

C11

Application of Act extended (1.05.1997) by Dublin Docklands Development Authority Act 1997 (7/1997), s. 27(2), S.I. No. 135 of 1997.

Acquisition of land compulsorily by Authority.

27. ...

(2) The provisions of the Housing Act, 1966, shall apply in relation to the compulsory acquisition of land under subsection (1) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

...

C12

Application of Act extended (1.01.1994) by Roads Act 1993 (14/1993), s. 19(8), S.I. No. 406 of 1993.

Specific functions of the Authority.

19. ...

(8) The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

C13

References to “grant”, “loan subsidy” and “contribution” under collectively cited Housing Acts 1966 to 1979 construed (19.08.1988) by Housing Act 1988 (28/1988), s. 1(3), S. I. No. 199 of 1988.

Interpretation.

1. ...

(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.

C14

Reference to “grant”, “loan” and “contribution” construed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 1(2), S. I. No. 276 of 1979.

Interpretation.

1.— ...

(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.

Editorial Notes:

E1

Housing authority enabled to obtain, share and exchange restricted information including tax reference numbers under certain conditions (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 55, S.I. No. 404 of 2014.

E2

Housing authority in performance of its functions under collectively cited Housing Acts granted power to obtain household information (14.06.2010 and 1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 32, S.I. Nos. 253 of 2010 and 83 of 2011, as amended.

E3

Housing authority, for purposes of its functions under collectively cited Housing Acts, authorised to obtain certain information in respect of certain persons (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 15(2), S.I. No. 247 of 1997; as substituted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5, S.I. No. 449 of 2009.

E4

Collectively cited Housing Acts designated as primarily the responsibility of the Minister although conferring functions on local authorities (1.01.2002) by Local Government Act 2001 (37/2001), s. 63(2)(a) and sch. 12 part 1, S.I. No. 588 of 2001, sch. 12 part 1, as substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007.

E5

An tArd-Chláraitheoir enabled to give prescribed, otherwise restricted, information to a housing authority for certain purposes (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(j), S.I. No. 764 of 2005; para. (j)(ii) substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8, not commenced as of date of revision.

E6

Minister authorised to devolve payment of grants under this Act and Housing (Miscellaneous Provisions) Act 1979 under certain conditions (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 2, S.I. No. 297 of 1980.

E7

Provision for payment of fines under Act to be made to county council or other listed bodies made (20.08.1969) by Fines and Penalties (Disposal) Order 1969 (S.I. No. 165 of 1969).

E8

Previous affecting provision: power of housing authority to provide dwellings and sites under collectively cited Housing Acts extended (1.04.2011) Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 19(6), S.I. No. 83 of 2011; deleted (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.

E9

Previous affecting provision: reference to “land” construed to include substratum by Transport (Dublin Light Rail) Act 1996 (24/1996), s. 13(3), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 7(f), commenced on enactment; repealed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (51/2001), s. 3(b), commenced on enactment, subject to transitional provisions.

PART I

Preliminary And General

Short title and commencement.

1

1. (1) This Act may be cited as the Housing Act, 1966.

(2) This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.

Annotations:

Editorial Notes:

E10

Power pursuant to subs. (2) exercised (31.05.1967 and 30.09.1967) by Housing Act 1966 (Commencement) Order 1967 (S.I. No. 70 of 1967), arts. 2, 3 and schs.

2. (1) Section 88 of the Housing Act, 1966 shall come into operation on the 31st day of May, 1967.

(2) Section 90 of the Housing Act, 1966 shall come into operation on the 30th day of September, 1967.

3. (1) Subsection (1) of section 6 of the Housing Act, 1966 shall come into operation on the 31st day of May, 1967, for the purpose of effecting the repeal of the enactments which are specified in the First Schedule to this Order to the extent mentioned in the third column of that Schedule.

(2) Subsection (1) of section 6 of the Housing Act, 1966 shall come into operation on the 30th day of September, 1967, for the purpose of effecting the repeal of the enactments which are specified in the Second Schedule to this Order to the extent mentioned in the third column of that Schedule.

FIRST SCHEDULE

ENACTMENTS REPEALED ON THE 31ST MAY, 1967

Session and Chapter or Number and Year

Short Title

Extent of Repeal

46, & 47 Vict., c. 60.

Labourers (Ireland) Act, 1883.

Sections 1, 3, 16, 21 and 22.

6 Edw. 7, c. 37.

Labourers (Ireland) Act, 1906.

Sections 8, 35, 36 and 37.

SECOND SCHEDULE

ENACTMENTS REPEALED ON THE 30TH SEPTEMBER, 1967

Session and Chapter or Number and Year

Short Title

Extent of Repeal

9 & 10 Geo. 5, c. 45.

Housing (Ireland) Act, 1919.

Section 11.

No. 50 of 1931.

Housing (Miscellaneous Provisions) Act, 1931.

Sections 1, 2 and subsection (4) of section 51.

No. 16 of 1952.

Housing (Amendment) Act, 1952.

Sections 1, 2 and subsection (2) of section 31.

E11

Power pursuant to subs. (2) exercised (31.12.1966) by Housing Act 1966 (Commencement) Order 1966 (S.I. No. 277 of 1966), arts. 2, 3.

2. Parts I (except subsection (1) of section 6), II, III, IV, V, VI, VII, VIII (except sections 88, 90 and 115) and the Second, Third and Fourth Schedules of the Housing Act, 1966, shall come into operation on the 31st day of December, 1966.

3. Subsection (1) of section 6 shall come into operation on the 31st day of December, 1966, for the purpose of effecting the repeal of the enactments which are specified in the Schedule to this Order to the extent mentioned in the third column of that Schedule.

SCHEDULE

ENACTMENTS REPEALED ON THE 31ST DAY OF DECEMBER, 1966

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 except sections 1, 3, 16, 21 and 22.

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.

Labourers (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 sub-section (4) of section 100.

6 Edw. 7, c. 37.

Labourers (Ireland) Act, 1906.

The whole Act except sections 8, 35, 36 and 37.

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.

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 11, 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. 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 except sections 1, 2 and subsection (4) of section 51.

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 except sections 1, 2 and subsection (2) of section 31.

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.

Interpretation.

2

2. (1) In this Act, save where the context otherwise requires—

the Act of 1860” means the Landlord and Tenant Law Amendment Act, Ireland, 1860;

the Act of 1891” means the Local Registration of Title (Ireland) Act, 1891;

the Act of 1936” means the Labourers Act, 1936;

the Act of 1948” means the Housing (Amendment) Act, 1948 (repealed by this Act);

the Act of 1952” means the Housing (Amendment) Act, 1952 (repealed by this Act);

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

the Act of 1962” means the Housing (Loans and Grants) Act, 1962 (repealed by this Act);

F1 [ ]

functions” includes powers and duties;

health authority” has the same meaning as in the Health Act, 1947, as amended by section 9 of the Health Authorities Act, 1960;

house”, except in Part V of this Act, includes any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and, except as aforesaid and in sections 15, 16 and 17 of this Act, includes any part of a building used or suitable for use as a dwelling and “ housing” shall be construed accordingly;

F2 [ ]

land”, except in section 86 of this Act includes water and, in relation to the acquisition of land, includes any interest or right in or over land or water (including an interest or right granted by or held from the authority acquiring the land);

F3 [ local authority means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); ]

the Minister” means the Minister for Local Government;

F1 [ ]

owner”, except in Part V of this Act, in relation to any dwelling, house, building or other land means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the dwelling, house, building or other land, or where the dwelling, house, building or other land is not let at a rack rent, would be so entitled if it were so let;

person”, except in this section and in sections 15 and 34 of this Act, does not include a housing authority;

prescribed” means prescribed by regulations made by the Minister;

public utility society” means a society registered under the Industrial and Provident Societies Acts, 1893 to 1936, or a friendly society registered under the Friendly Societies Acts, 1896 to 1953, or a trade union registered under the Trade Union Acts, 1871 to 1952, whose objects include the erection of houses or a body which satisfies the Minister that its objects are wholly philanthropic and include the provision of houses;

the registering authority” means the registering authority under the Act of 1891;

Registry of Deeds” means the office established by the Registration of Deeds Act, 1707;

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); ]

F1 [ ]

Small Dwellings Acquisition Acts” means the Small Dwellings Acquisition Acts, 1899 to 1962;

state land” means land which is state land within the meaning of the Act of 1936 and which belongs to the State on the commencement of section 105 of this Act.

(2) Any approval or consent required by this Act to be given by the Minister may be given either generally or as respects a particular case and where the relevant provisions of this Act so admit, any such approval or consent may be confined to any particular class of matter or thing or to a particular area or an area of a particular class.

(3) Any reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.

(4) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

Annotations:

Amendments:

F1

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No 221 of 2014.

F2

Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(4), S.I. No. 223 of 1992.

F3

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.

F4

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.

Editorial Notes:

E12

Previous affecting provision: definition of “housing authority” substituted (19.08.1988) by Housing Act 1988 (28/1988), s. 21, S.I. No. 199 of 1988; deleted as per F-note above.

Service of notices, etc.

3

3. (1) Where a notice, copy of an order, or demand is required or authorised by this Act or any order or regulation made thereunder to be served on, given to or made of a person, it shall be addressed to him and shall be served on, given to or made of him in some one of the following ways:

( a) where it is addressed to him by name, by delivering it to him;

( b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

F5 [ ( 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; ]

( d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice, copy or demand is so required or authorised to be served, given or made in respect of any land or premises or works thereon, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(2) Where a notice, copy of an order, or demand is required by this Act or any order or regulation made thereunder to be served on, given to, or made of an owner or occupier of any land or premises and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him.

(3) For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) Where a repairs notice, a notice mentioned in subsection (4) of section 66 of this Act, F6 [ a notice mentioned in subsection (4) of section 117 of this Act or a notice mentioned in section 15 of the Housing (Miscellaneous Provisions) Act 2014, ] is served on or given to a person by affixing it under paragraph ( d) of subsection (1) of this section, a copy of the notice shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of three months after a document is affixed under paragraph ( d) of subsection (1) of this section, removes, damages or defaces the document without lawful authority shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(6) Where the Minister is satisfied that reasonable grounds exist for dispensing with the publication, serving or giving under this Act or under any order or regulation made thereunder, of a notice, copy of an order, or demand and that dispensing with the publication, serving, giving or making of the notice, copy or demand will not cause injury or wrong, he may dispense with the publication, serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

(7) A dispensation under the foregoing subsection may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be published, served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.

F7 [ (8) In this section notice includes a tenancy warning under section 7 , 8 or 9 of the Housing (Miscellaneous Provisions) Act 2014 and

(i) references (however expressed) in this section to the serving of a notice on a person includes the serving of any such tenancy warning to a person under the said section 7 , 8 or 9 , as the case may be, and

(ii) subsection (5) shall apply to a tenancy warning affixed on or near the dwelling concerned in a manner prescribed under the said section 7 (4), 8 (3) or 9 (3), as the case may be. ]

Annotations:

Amendments:

F5

Substituted (1.07.1997) by Housing (Miscellaneous Provision) Act 1997 (21/1997), s. 23, S.I. No. 247 of 1997.

F6

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 18(1)(a), S.I. No. 121 of 2015.

F7

Inserted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 18(1)(a), S.I. No. 121 of 2015.

Modifications (not altering text):

C15

Application of section extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.

[Exercise of compulsory powers

16C. ...

(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.

(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —

(a) references in that Act to a housing authority shall be construed as references to IDA,

(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,

(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,

(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and

(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.

(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA. ]

C16

Application of subs. (5) extended (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 10(11)(b), S.I. No. 223 of 1992.

Removal of temporary dwellings from certain locations.

10. ...

(11) ( a) A notice under subsection (1) may be served on a person in either or both of the following ways: ...

(ii) at the discretion of the authority, by affixing it in a conspicuous position on or near the temporary dwelling to which it relates.

( b) Section 3(5) of the Principal Act shall apply to a notice affixed in accordance with paragraph (a) (ii).

C17

Subs. (5) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S.I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33. (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 £1,000 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

...

Obligation to give information to housing authority.

4

4. (1) A housing authority may for any purposes connected with this Act, by notice in writing require the occupier of any land or any person receiving, whether for himself or for another, rent out of any land to state in writing to the authority within a specified period ending not less than twenty-one days after being so required, particulars of the estate, interest or right by virtue of which he occupies such land or receives such rent, as the case may be, and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such land.

(2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under the section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

Annotations:

Modifications (not altering text):

C18

Subs. (5) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S.I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33. (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 £1,000 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

...

Regulation generally.

5

5. (1) The Minister may make regulations either for the purposes of any section of this Act which admits of being executed subject to regulations, or prescribing any matter referred to in this Act as prescribed.

(2) Every regulation made by the Minister under this Act other than section 114 shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) No regulation which includes provision in respect of a payment to be made by the Minister shall be made by the Minister under this Act without the consent to that provision of the Minister for Finance.

F8 [ (4) Regulations under the Housing Acts, 1966 to 1992 , may be expressed to apply either generally or to specified housing authorities or areas or to housing authorities, areas, houses, tenancies, loans, mortgages, persons, households, works or other matters of a specified class or classes, denoted by reference to such matters 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, houses, tenancies, loans, mortgages, persons, households, works or other matters.

(5) Regulations under the Housing Acts, 1966 to 1992 , may make provision in relation to matters of procedure and administration including

( a ) the appointment by the Minister of a housing authority to discharge specified functions relating to the making of a grant, subsidy or assistance by the Minister under the Housing Acts, 1966 to 1992 , as respects their functional area and the functional area of such other housing authority as the Minister may specify;

( b ) the charging of expenses incurred by a housing authority by virtue of paragraph (a) ;

( c ) a requirement that the Minister or the housing authority, as the case may be, shall be furnished with prescribed particulars relating to the tax affairs of

(i) a person making application for a grant, loan, subsidy, contribution or other assistance under the Housing Acts, 1966 to 1992 , and

(ii) any person employed or proposed to be employed to carry out any construction works to which the said application relates. ]

Annotations:

Amendments:

F8

Substituted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 24, S.I. No. 223 of 1992.

Modifications (not altering text):

C19

Functions of Minister under subs. (3) 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

...

...

...

Editorial Notes:

E13

Power pursuant to section exercised (1.05.2019) by Housing (Standards For Rented Houses) Regulations 2019 (S.I. No. 137 of 2019).

E14

Power pursuant to section exercised (12.03.2019) by Housing (Financial Assistance) Regulations 2019 (S.I. No. 104 of 2019).

E15

Power pursuant to section exercised (27.02.2014) by Housing (Adaptation Grants for Older People and People with a Disability)(Amendment) Regulations 2014 (S.I. No. 104 of 2014), in effect as per reg. 2.

E16

Power pursuant to section exercised (19.12.2013) by Housing (Sale of Houses) (Amendment) Regulations 2013 (S.I. No. 507 of 2013).

E17

Power pursuant to section exercised (27.11.2012) by Housing (Sale of Houses to Long-Standing Tenants) (Amendment) Regulations 2012 (S.I. No. 465 of 2012).

E18

Power pursuant to section exercised (1.11.2012) by Housing (Sale of Houses) Regulations 2012 (S.I. No. 420 of 2012), in effect as per reg. 1(b).

E19

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.

E20

Power pursuant to section exercised (24.02.2011) by Housing (Sale of Houses to Long-standing Tenants) Regulations 2011 (S.I. No. 82 of 2011).

E21

Power pursuant to section exercised (8.07.2010) by Housing (Rent Books) (Amendment) Regulations 2010 (S.I. No. 357 of 2010).

E22

Power pursuant to subs. (1) exercised (2.12.2008) by Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008).

E23

Power pursuant to section exercised (1.11.2007) by Housing (Adaptation Grants for Older People and People With A Disability) Regulations 2007 (S.I. No. 670 of 2007), in effect as per reg. 2.

E24

Power pursuant to section exercised (30.12.2005) by Housing (Site Subsidy) Regulations 2005 (S.I. No. 916 of 2005).

E25

Power pursuant to section exercised (30.12.2005) by Housing (Rent Subsidy) Regulations 2005 (S.I. No. 915 of 2005).

E26

Power pursuant to section exercised (30.12.2005) by Housing (Mortgage Subsidy) Regulations 2005 (S.I. No. 914 of 2005).

E27

Power pursuant to section exercised (30.12.2005) by Housing Regulations 1980 (Amendment) Regulations 2005 (S.I. No. 913 of 2005).

E28

Power pursuant to section exercised (24.11.2004) by Housing (Rent Books) Regulations 1993 (Amendment) Regulations 2004 (S.I. No. 751 of 2004).

E29

Power pursuant to section exercised (24.10.2003) by Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2003 (S.I. No. 502 of 2003).

E30

Power pursuant to section exercised (14.11.2002) by Housing (New House Grant Etc.) Regulations, 1990 (Amendment) Regulations 2002 (S.I. No. 517 of 2002).

E31

Power pursuant to section exercised (21.03.2002) by Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 2002 (S.I. No. 106 of 2002).

E32

Power pursuant to section exercised (19.12.2001) by Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001).

E33

Power pursuant to section exercised (19.12.2001) by Housing (New House Grant Etc.) Regulations 1990 (Amendment) Regulations 2001 (S.I. No. 609 of 2001).

E34

Power pursuant to section exercised (19.12.2001) by Housing Regulations, 1980 (Amendment) Regulations 2001 (S.I. No. 608 of 2001).

E35

Power pursuant to section exercised (19.12.2001) by Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001 (S.I. No. 607 of 2001).

E36

Power pursuant to section exercised (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001).

E37

Power pursuant to section exercised (12.07.2001) by Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 2001 (S.I. No. 320 of 2001).

E38

Power pursuant to section exercised (1.01.2001) by Housing Act 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.

E39

Power pursuant to section exercised (24.01.2000) by Housing (Registration of Rented Houses) (Amendment) Regulations 2000 (S.I. No. 12 of 2000).

E40

Power pursuant to section exercised (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999).

E41

Power pursuant to section exercised (21.12.1998) by Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1998 (S.I. No. 537 of 1998).

E42

Power pursuant to section exercised (22.10.1998) by Housing Regulations 1980 (Amendment) (No. 2) Regulations 1998 (S.I. No. 426 of 1998).

E43

Power pursuant to section exercised (1.05.1998) by Housing Regulations 1980 (Amendment) Regulations 1998 (S.I. No. 152 of 1998).

E44

Power pursuant to section exercised (1.05.1998) by Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (Amendment) Regulations 1998 (S.I. No. 151 of 1998).

E45

Power pursuant to section exercised (28.05.1996) by Housing Regulations 1980 (Amendment) Regulations 1996 (S.I. No. 148 of 1996).

E46

Power pursuant to section exercised (4.04.1996) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1996 (S.I. No. 88 of 1996).

E47

Power pursuant to section exercised (1.05.1996) by Housing (Registration of Rented Houses) Regulations 1996 (S.I. No. 30 of 1996), in effect as per reg. 2.

E48

Power pursuant to section exercised (28.07.1995) by Housing (New House Grants Etc.) Regulations, 1990 (Amendment) Regulations 1995 (S.I. No. 211 of 1995).

E49

Power pursuant to section exercised (18.07.1995) by Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995).

E50

Power pursuant to section exercised (6.12.1993) by Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993).

E51

Power pursuant to section exercised (21.06.1993) by Housing (Miscellaneous Provisions) Regulations 1988 (Amendment) Regulations 1993 (S.I. No. 157 of 1993).

E52

Power pursuant exercised (1.09.1993) by Housing (Rent Books) Regulations 1993 (S.I. No. 146 of 1993), in effect as per reg. 2.

E53

Power pursuant to section exercised (13.04.1992) by Housing (Accommodation Provided by Approved Bodies) Regulations 1992 (S.I. No. 86 of 1992).

E54

Power pursuant to section exercised (7.02.1992) by Housing Regulations 1980 (Amendment) Regulations 1992 (S.I. No. 30 of 1992).

E55

Power pursuant to section exercised (13.12.1990) by Housing (New House Grants Etc.) (Amendment) Regulations 1990 (S.I. No. 301 of 1990).

E56

Power pursuant to section exercised (9.11.1989) by Housing (Improvement Grants) Regulations 1989 (S.I. No. 290 of 1989).

E57

Power pursuant to section exercised (1.01.1989) by Housing (Miscellaneous Provisions) Regulations 1988 (S.I. No. 362 of 1988), in effect as per reg. 1(2).

E58

Power pursuant to section exercised (10.10.1988) by Housing (Improvement Grants) Regulations 1988 (S.I. No. 261 of 1988).

E59

Power pursuant to section exercised (8.07.1988) by Finance Act 1981 (Certificates of Reasonable Cost) Regulations 1981 (Amendment) Regulations 1988 (S.I. No. 163 of 1988).

E60

Power pursuant to section exercised (4.12.1987) by Housing Regulations 1980 (Amendment) Regulations 1987 (S.I. No. 301 of 1987).

E61

Power pursuant to section exercised (25.11.1986) by Housing Regulations 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986).

E62

Power pursuant to section exercised (8.07.1985) by Housing Regulations 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985).

E63

Power pursuant to section exercised (24.05.1984) by Housing (Improvement Grants) (Amendment) Regulations 1984 (S.I. No. 133 of 1984).

E64

Power pursuant to section exercised (1.03.1984) by Housing Regulations, 1980 (Amendment) Regulations 1984 (S.I. No. 50 of 1984), in effect as per reg. 3.

E65

Power pursuant to section exercised (2.11.1983) by Housing (Improvement Grants) Regulations 1983 (S.I. No. 330 of 1983).

E66

Power pursuant to section exercised (15.02.1983) by Finance Act 1981 (Certificates of Reasonable Cost) Regulations (Amendment) Regulations 1983 (S.I. No. 39 of 1983).

E67

Power pursuant to section exercised (15.02.1983) by Housing Regulations 1980 (Amendment) Regulations 1983 (S.I. No. 38 of 1983).

E68

Power pursuant to section exercised (16.06.1982) by Housing Regulations 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982).

E69

Power pursuant to section exercised (27.08.1981) by Finance Act 1981 (Certificates of Reasonable Cost) Regulations 1981 (S.I. No. 300 of 1981).

E70

Power pursuant to section exercised (19.05.1981) by Housing Regulations 1980 (Amendment) (No. 3) Regulations 1981 (S.I. No. 186 of 1981).

E71

Power pursuant to section exercised (19.05.1981) by Housing Regulations 1980, (Amendment) (No. 2) Regulations 1981 (S.I. No. 185 of 1981).

E72

Power pursuant to section exercised (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E73

Power pursuant to section exercised (10.05.1974) by Housing Act 1970 (Supplementary Grants) (Amendment) Regulations 1974 (S.I. No. 132 of 1974).

E74

Power pursuant to section exercised (3.09.1973) by Housing Act 1970 (Supplementary Grants) Regulations 1973 (S.I. No. 259 of 1973).

E75

Previous affecting provision: power pursuant to section exercised (1.07.2017) by Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017), in effect as per reg. 1(2); revoked (1.05.2019) by Housing (Standards For Rented Houses) Regulations 2019 (S.I. No. 137 of 2019), reg. 14.

E76

Previous affecting provision: power pursuant to section exercised (1.12.2009) by Housing (Standards For Rented Houses)(Amendment) Regulations 2009 (S.I. No. 462 of 2009), in effect as per reg. 1(b); revoked (1.07.2017) by Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017), reg. 14, in effect as per reg. 1(2).

E77

Previous affecting provision: power pursuant to section exercised (1.02.2009 and 1.02.2013) by Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008), in effect as per reg. 2; revoked (1.07.2017) by Housing (Standards for Rented Houses) Regulations 2017 (S.I. No. 17 of 2017), reg. 14, in effect as per reg. 1(2).

E78

Previous affecting provision: power pursuant to section exercised (10.11.1998) by Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 1998 (S.I. No. 434 of 1998); revoked (1.01.2001) by Housing Act 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.

E79

Previous affecting provision: power pursuant to section exercised (1.05.1998) by Housing (Mortgage Allowance) Regulations 1993 (Amendment) Regulations 1998 (S.I. No. 153 of 1998); revoked (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001), reg. 11.

E80

Previous affecting provision: power pursuant to section exercised (1.05.1998) by Housing (Improvement Grants) (Thatched Roofs) Regulations 1990 (Amendment) Regulations 1998 (S.I. No. 150 of 1998); revoked (19.12.2001) by Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001), reg. 9.

E81

Previous affecting provision: power pursuant to section exercised (31.03.1998) by Housing (Sale of Houses) Regulations 1995 (Amendment) Regulations 1998 (S.I. No. 91 of 1998); revoked (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999), reg. 3.

E82

Previous affecting provision: power pursuant to section exercised (1.01.1994 and 1.01.1998) by Housing (Standards For Rented Houses) Regulations 1993 (S.I. No. 147 of 1993), in effect as per reg. 2; revoked (1.02.2009 and 1.02.2013) by Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008), reg. 14, in effect as per reg. 2.

E83

Previous affecting provision: power pursuant to section exercised (16.09.1993) by Housing (Sale of Dwellings) Regulations 1993 (S.I. No. 267 of 1993); revoked (18.07.1995) by Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995), reg. 15.

E84

Previous affecting provision: power pursuant to section exercised (14.09.1993) by Housing (Disabled Persons and Essential Repairs Grants) Regulations 1993 (S.I. No. 262 of 1993); revoked (19.12.2001) by Housing (Disabled Persons and Essential Repairs Grants) Regulations 2001 (S.I. No. 607 of 2001), reg. 6.

E85

Previous affecting provision: power pursuant to section exercised (5.02.1993) by Housing (Mortgage Allowance) Regulations 1993 (S.I. No. 32 of 1993); revoked (19.12.2001) by Housing (Mortgage Allowance) Regulations 2001 (S.I. No. 606 of 2001), reg. 11.

E86

Previous affecting provision: power pursuant to section exercised (13.12.1990) by Housing (Improvement Grants) (Thatched Roofs) Regulations 1990 (S.I. No. 300 of 1990); revoked (19.12.2001) by Housing (Improvement Grants) (Thatched Roofs) Regulations 2001 (S.I. No. 610 of 2001), reg. 9.

E87

Previous affecting provision: power pursuant to section exercised (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990); revoked (6.12.1993) by Housing (New House Grants Etc.) Regulations 1990 (Amendment) Regulations 1993 (S.I. No. 350 of 1993), reg. 6.

E88

Previous affecting provision: power pursuant to section exercised (1.08.1984) by Housing Regulations 1980 (Amendment) (No. 2) Regulations 1984 (S.I. No. 203 of 1984); revoked (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990), art. 3 and sch. 1.

E89

Previous affecting provision: power pursuant to section exercised (27.01.1981) by Housing Regulations, 1980 (Amendment) Regulations 1981 (S.I. No. 29 of 1981); revoked (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990), art. 3 and sch. 1.

E90

Previous affecting provision: subs. (4) inserted (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 14, S.I. No. 276 of 1979; substituted as per F-note above.

E91

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.

E92

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.

E93

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.

E94

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.

E95

Previous affecting provision: power pursuant to section exercised (1.07.1976) by Housing Authorities (Borrowing and Management) Regulations 1974 (Amendment) Regulations 1976 (S.I. No. 143 of 1976), in effect as per reg. 3; revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), reg. 5 and sch. 1.

E96

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.

E97

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.

E98

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.

E99

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.

E100

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.

E101

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.

E102

Previous affecting provision: power pursuant to section exercised (9.03.1970) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1970 (S.I. No. 42 of 1970); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.

E103

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.

E104

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.

E105

Previous affecting provision: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.

Repeals.

6

6. (1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Notwithstanding subsection (1) of this section, grants under any enactment repealed by that subsection may be made in respect of works commenced before the repeal of the enactment.

(3) Where, as respects the provision or reconstruction of a house or the execution of works (including the provision and installation of a private water supply and private sewerage facilities), a grant is made under an enactment repealed by this Act and but for subsection (1) of this section an enactment providing for—

( a) the reduction of the rateable valuation of a tenement for rating purposes,

( b) the non-increase of the rateable valuation of a tenement within a stated period,

would have applied, such enactment shall, as respects the tenement, continue to apply as if this Act had not been enacted.

(4) In this section, “ rating purposes” has the same meaning as in section 33 of this Act.

PART II

Financial Provisions

Chapter I

Expenses under Act

Expenses of administration of Minister.

7

7.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 defrayed out of moneys provided by the Oireachtas.

Charging of expenses of housing authority who are county council.

8

8. F9 [ ]

Annotations:

Amendments:

F9

Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S.I. No. 223 of 1992, subject to certain exceptions and transitional provisions in subss. (2)-(5).

Payment of expenses under section 111 of Act.

9

9. (1) The expenses incurred in the performance under section 111 of this Act of a function of a housing authority to the extent certified by the Minister to be properly payable by the authority, shall on demand be paid to the Minister, the housing authority or other person by whom the expenses were incurred and shall be recoverable by the person or authority making the demand 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, expenses are recoverable under this section by the Minister from the authority, the sum may be set off against the expenses either, as may be appropriate, in whole or in part.

Power to set off.

10

10.Where a sum is due under this Act to any person by a housing authority and, at the same time, another sum is due from that person to the authority, the former sum may be set off against the latter either, as may be appropriate, in whole or in part.

Annotations:

Modifications (not altering text):

C20

Application of section extended (19.08.1988) by Housing Act 1988 (28/1988), s. 19(1), S.I. No. 199 of 1988.

Application of certain sections of Part II of Principal Act.

19. (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.

...

Chapter II

Assistance of Certain Research, Training and Bodies

Assistance by Minister of certain research and training.

11

11. (1) The Minister may, with the consent of the Minister for Finance, make out of moneys provided by the Oireachtas, a grant or a loan on such terms and conditions as may be determined by the Minister, to any of the following:

( a) F10 [ ]

( b) a person engaged, at the request of or with the concurrence of the Minister, in research in relation to housing.

(2) F10 [ ]

Annotations:

Amendments:

F10

Repealed (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 4 and sch. 1, S.I. No. 329 of 2002.

Assistance by housing authority of certain bodies.

12

12. F11 [ ]

Annotations:

Amendments:

F11

Repealed (1.01.1989) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 295 of 1988.

Chapter III

Housing Loans and Grants, etc.

Definition for purposes of Chapter III of Part II.

13

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.

Regulations for purposes of sections in Chapter III of Part II.

14

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.

Grants by Minister for provision of houses.

15

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:

E106

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.

Grants by Minister for provision of houses for farmers and others.

16

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:

E107

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.

Grants by Minister for provision of second houses on transfer of certain holdings.

17

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:

E108

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.

Grants by Minister for erection of flats or maisonettes.

18

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:

E109

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.

Grants by Minister for housing of elderly persons and others.

19

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.

Grants by Minister for provision of prototype houses.

20

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.

Grants by Minister to persons for reconstruction of houses.

21

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.

Further grants by Minister for reconstruction of houses.

22

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.

Grants by Minister for essential repairs.

23

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.

Grants by Minister to housing authority for improvement of houses.

24

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.

Grants by Minister to housing authority in respect of works executed in pursuance of section 69 of Act.

25

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.

Supplementary grants by housing authority to persons for provision of houses.

26

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:

E110

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.

E111

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.

E112

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.

Supplementary grants by housing authority for erection of flats or maisonettes.

27

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:

E113

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.

Supplementary grants by housing authority to bodies for provision of houses for elderly persons and for other purposes.

28

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:

E114

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.

Supplementary grants by housing authority for reconstruction of houses.

29

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:

E115

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.

E116

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.

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.

E118

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.

Supplementary grants and other assistance by housing authority for essential repairs.

30

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:

E119

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.

Supplementary grants by housing authority where certain grants are made under section 3 of Housing (Gaeltacht) Act, 1929.

31

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:

E120

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.

Grants by certain housing authorities for accommodation for person suffering from pulmonary tuberculosis.

32

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.

Modification and restriction on increase of rateable valuation in certain cases.

33

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:

E121

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.

E122

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.

E123

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.

E124

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.

Repayment of grant to Minister or housing authority on breach of undertaking.

34

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.

Withholding or reduction in amount of grant.

35

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.

Making of grant to successor of deceased applicant.

36

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.

Restriction of local Acts and other provisions.

37

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).

Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument.

38

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:

E125

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 .

Loans by housing authority for acquisition or construction of houses.

39

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:

E126

Power pursuant to section exercised (7.02.1992) by Housing Regulations 1980 (Amendment) Regulations 1992 (S.I. No. 30 of 1992).

E127

Power pursuant to section exercised (4.12.1987) by Housing Regulations 1980 (Amendment) Regulations 1987 (S.I. No. 301 of 1987).

E128

Power pursuant to section exercised (25.11.1986) by Housing Regulations 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986).

E129

Power pursuant to section exercised (8.07.1985) by Housing Regulations 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985).

E130

Power pursuant to section exercised (16.06.1982) by Housing Regulations 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982).

E131

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.

E132

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.

E133

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.

E134

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.

E135

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.

E136

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.

Loans by housing authority for reconstruction, repair, and improvement of houses.

40

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.

Sale by Land Commission of land subject to charge in favour of housing authority.

41

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.

Schemes for guarantees.

42

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.

Guarantee of advances to builders.

43

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

Contributions by Minister to certain annual loan charges of housing authorities.

44

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:

E137

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.

E138

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.

E139

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.

E140

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.

E141

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.

E142

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.

E143

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.

E144

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.

E145

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.

Contributions by Minister in respect of certain borrowings by bodies providing dwellings or sites for building purposes.

45

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

...

...

...

Withholding or reduction in amount of contributions.

46

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.

Payment by Minister in lieu of contributions to annual loan charges.

47

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

...

...

...

Subsidy by Minister in respect of certain loan charges.

48

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

Power of housing authority to make allowances to certain persons displaced.

49

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

Remission of stamp duties on certain agreements, etc.

50

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.

Amendment of section 12 of Finance Act, 1895.

51

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.

Restriction of section 13 of Finance (No. 2) Act, 1947, and section 24 of Finance Act, 1949.

52

52. F42 [ ]

Annotations:

Amendments:

F42

Repealed (7.05.1969) by Finance Act 1969 (21/1969), s. 49(6), commenced as per subs. (7).

PART III

Provision and Management of Dwellings

Duty of housing authority to make inspection and to assess adequacy of supply and condition of housing.

53

53. F43 [ ]

Annotations:

Amendments:

F43

Repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988.

Editorial Notes:

E146

Previous affect provision: application of subs. (1) extended (7.02.1984) by Housing Act 1984 (1/1984), s. 2, commenced on enactment; section repealed as per F-note above.

Review by housing authority of cost of housing services.

54

54. F44 [ ]

Annotations:

Amendments:

F44

Repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988.

Building programmes.

55

55. F45 [ ]

Annotations:

Amendments:

F45

Repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988.

Editorial Notes:

E147

Previous affect provision: application of subss. (1) and (3) extended (7.02.1984) by Housing Act 1984 (1/1984), s. 3, commenced on enactment; section repealed as per F-note above.

Provision of dwellings.

56

56. F46 [ ]

Annotations:

Amendments:

F46

Subs. (1) repealed (1.04.2011) and subs. (2) repealed (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, S.I. Nos. 83 of 2011 and 449 of 2009.

Editorial Notes:

E148

Previous affecting provision: house let by housing authority under section exempted from application of food preparation, storage and laundry provisions (1.02.2009 and 1.02.2013) by Housing (Standards for Rented Houses) Regulations 2008 (S.I. No. 534 of 2008), reg. 8, in effect as per reg. 2; section repealed as per F-note above.

E149

Previous affecting provision: application of subs. (2) extended (19.08.1988) by Housing Act 1988 (28/1988), s. 13(3), S.I. No. 199 of 1988, as substituted (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 29, S.I. No. 328 of 1998; section repealed as per F-note above.

E150

Previous affecting provision: application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(1), S.I. No. 223 of 1992; section repealed as per F-note above.

E151

Previous affecting provision: section applied with modifications (1.04.1989) and extended (19.08.1988) by Housing Act 1988 (28/1988), s. 20(1) and (2), S.I. No. 40 of 1989 and S.I. No. 199 of 1988; section repealed as per F-note above.

Power of housing authority to provide building sites.

57

57.A housing authority may provide sites for building purposes on land acquired or appropriated by them for purposes of this Act and in connection with the provision of such sites may construct roads and lay out open spaces on the land and provide such other services and carry out such other works as may be necessary for or incidental to the development of the land for building purposes, including works or services necessary for or incidental to the development of the land for places of worship, factories, schools, shops, offices, playgrounds, places of recreation, parks and open spaces.

Annotations:

Modifications (not altering text):

C30

Application of section extended (19.08.1988) by Housing Act 1988 (28/1988), s. 20(2), S.I. No. 199 of 1988.

Additional provisions relating to sections 56 to 58 of Principal Act and to section 12 .

20. ...

(2) The power of a housing authority under section 56 of the Principal Act to provide dwellings and under section 57 of that Act to provide sites for building purposes shall, in the case of a council of a county, be deemed to include, and always to have included, a power to provide dwellings or sites (as the case may be) in a town in the county having commissioners under the Towns Improvement (Ireland) Act, 1854, as if, for the purpose of such provision, the town formed part of the functional area of the council.

Management and control of certain dwellings and of any ancillary amenities, works or services provided in connection therewith.

58

58.(1) Subject to the following provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, the management and control of any dwelling, building or other land of which a housing authority are the owner and of any works or services, provided by the authority under this Act, shall be vested in and exercised by the authority.

F47 [ (1A) The management and control of the common areas appurtenant to a dwelling and provided by a housing authority under this Act are not required to be vested in the housing authority under subsection (1) of this section.

(1B) A housing authority may perform management and control functions vested in it under subsection (1) of this section in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling. ]

(2) A housing authority may reconstruct, enlarge or improve any dwelling or other building of which they are the owner.

(3) Subject to the said regulations, a housing authority may as respects a dwelling provided under this Act of which they are the owner charge such rent or other payment for the tenancy or occupation thereof as they may determine from time to time and as respects any buildings or other land or works or services provided under this Act the authority may make such charge, whether by way of rent or otherwise, as they shall think fit.

F47 [ (3A) Without prejudice to the generality of subsection (3) of this section, charges made under that subsection may include

( a ) charges relating to the provision of services to, and the insurance of, a dwelling and other charges relating to the management and control of the dwelling, or

( b ) any other charges that may be prescribed under this section in relation to:

(i) the management and control of common areas appurtenant to a dwelling, where those common areas are also used by the occupants of other dwellings;

(ii) the provision of services where those services are also provided to the occupants of other dwellings.

(3B) A housing authority may make such charge under subsection (3) of this section, whether by way of rent or otherwise, as it considers appropriate, in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling. ]

(4) Without prejudice to the generality of subsection (1) of this section, regulations made by the Minister for the purposes of this section may provide for all or any of the following matters:

(a) the maximum number of persons who shall be permitted to occupy dwellings to which the regulations apply on any letting;

(b) the terms and conditions to be included in any agreement under which any person is permitted to occupy or use such dwellings;

(c) matters to which a housing authority shall have regard in determining rents;

(d) such other matters as the Minister may consider necessary or expedient for the purpose of securing the proper and efficient management of such dwellings.

(5) The Land Law (Ireland) Act, 1881, shall not apply as respects the letting by a housing authority of an allotment provided under section 56 of this Act, and such letting shall, unless a provision to the contrary is contained in a letting agreement, be deemed to be a letting for temporary convenience and determinable at the end of any month.

Annotations:

Amendments:

F47

Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 14, S.I. No. 329 of 2002.

F48

Repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C31

Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

58. F48 [ ]

C32

Application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(8)(b)(i), S.I. No. 223 of 1992; section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

Granting of shared ownership leases by housing authorities, etc.

3.— ...

(8) ...

(b) The following provisions shall not apply in relation to a house during a period it is leased under a shared ownership lease by a housing authority, that is to say:

(i) section 58 of the Principal Act;

...

Editorial Notes:

E152

Power pursuant to subs. (4) exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.

E153

An tArd-Chláraitheoir enabled to give prescribed, otherwise restricted, information to a housing authority for determination of payment under section (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(j), S.I. No. 764 of 2005; substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8, not commenced as of date of revision.

E154

Housing Authority required to adopt policy for performance of functions under subs. (1) and keep it under review (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 9(1), S.I. No. 223 of 1992; repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

E155

Power pursuant to section exercised (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E156

Previous affecting provision: application of section extended (19.08.1988) by Housing Act 1988 (28/1988), s. 20(3), S.I. No. 199 of 1988; repealed (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, S.I. No. 83 of 2011.

E157

Previous affecting provisions: 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), art. 5 and sch. 1.

E158

Previous affecting provisions: 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.

Amendment of section 1 of Local Government (Rates on Small Dwellings) Act, 1928.

59

59. F49 [ ]

Annotations:

Amendments:

F49

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).

Duty of housing authority to make scheme of priorities for letting housing accommodation.

60

60. F50 [ ]

Annotations:

Amendments:

F50

Repealed (1.04.1989) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 40 of 1989, subject to transitional provision in 28/1988, s. 11(11) and continuation in force of regulations under 28/1988, s. 30(2).

Editorial Notes:

E159

Previous affecting provision: application of subs. (3) extended with retrospective effect (7.02.1984) by Housing Act 1984 (1/1984), s. 4, commenced on enactment; section repealed as per F-note above.

E160

Previous affecting provision: subs. (4) substituted (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 16, S.I. No. 276 of 1979; section repealed as per F-Note above.

E161

Previous affecting provision: subs. (8) repealed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 276 of 1979, subject to transitional provisions and continuation in force of regulations in subss. (2)-(4).

Requiring information from tenants and persons applying for tenancies.

61

61.(1) A housing authority may, for the purposes of enabling them to determine the rent that shall be payable by a person to whom they have let or who has applied to have let to him a dwelling provided under this Act, require the person to furnish to the authority, within a specified period ending not less than fourteen days after being so required, particulars in writing of the following matters:

(a) the number of members of the person’s family residing with him, together with their ages, sex, occupations and conditions of health;

(b) the weekly income of the person and of each of the members of his family residing with him;

(c) any assistance, benefit or allowance received by or on behalf of the person or a member of his family residing with him from state funds or under the F51 [ Social Welfare (Supplementary Welfare Allowances) Act, 1975 (No. 28 of 1975) ], the Health Acts, 1947 to 1960, or from any other source whatsoever;

(d) the means of transport available to bring such person and the members of his family residing with him to their places of work, or in the case of children, to school and the cost of such transport;

(e) the terms upon which premises are occupied by him, the amount of rent payable in respect of such premises and the name and address of the person to whom such rent is payable.

(2) Any person who is required under this section to state any matter or thing and either fails to state the matter or thing within the period specified under this section, or when stating such matter or thing, makes a statement in writing which to his knowledge is false or misleading in a material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

Annotations:

Amendments:

F51

Substituted (1.07.1977) by Social Welfare (Supplementary Welfare Allowances) Regulations 1977 (S.I. No. 168 of 1977), reg. 19(3) and sch. 2, in effect as per reg. 2.

F52

Repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C33

Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, not commenced as of date of revision.

61. F52 [ ]

C34

Subs. (2) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S.I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33.—(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 £1,000 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

...

Recovery of possession of dwellings and other buildings.

62

62. F53 [ ]

Annotations:

Amendments:

F53

Repealed (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 18(2), S.I. No. 121 of 2015.

Editorial Notes:

E162

Previous affecting provision: subs. (7) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992; section repealed as per F-note above.

E163

Previous affecting provision: subs. (4) amended and subs. (7) inserted (5.08.1970) by Housing Act 1970 (18/1970), s. 13, commenced on enactment; section repealed as per F-note above.

PART IV

Overcrowded and Unfit Houses

Definition of “ overcrowding”.

63

63.A house shall for the purposes of this Act be deemed to be overcrowded at any time when the number of persons ordinarily sleeping in the house and the number of rooms therein either—

( a) are such that any two of those persons, being persons of ten years of age or more of opposite sexes and not being persons living together as husband and wife, must sleep in the same room, or

( b) are such that the free air space in any room used as a sleeping apartment, for any person is less than four hundred cubic feet (the height of the room, if it exceeds eight feet, being taken to be eight feet, for the purpose of calculating free air space),

and “ overcrowding” shall be construed accordingly.

Obligation to give particulars relating to a house.

64

64. (1) A housing authority may for the purposes of this Part of this Act by notice in writing require the owner or occupier of a house to state in writing to the authority, within a period specified in the notice, being not less than fourteen days beginning on the date of the notice, the following particulars:

( a) the total number and the dimensions of the rooms in the house;

( b) the purpose for which each such room is currently used;

( c) the number of occupants in the house on a date specified in the notice;

( d) the sanitary and cooking facilities available to such occupants; and

( e) such other particulars relating to the house as the authority may specify in the notice.

(2) Any person who is required by a notice under this section to state in writing any matter or thing to a housing authority and either fails to state such matter or thing within the period specified in the notice or, when so stating such matter or thing, makes any statement which to his knowledge is false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

Annotations:

Modifications (not altering text):

C35

Subs. (2) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33. (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 £1,000 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

...

Overcrowded houses.

65

65. (1) A housing authority may, if they think fit, serve on the owner of a house a notice in writing specifying the maximum number and categories of persons, by whom, having regard to section 63 of this Act, the house or any room therein may at any time be occupied without causing overcrowding, and the authority may, as respects any notice served under this section, require the owner on whom it is served to publish, in such manner as the authority may specify, the contents of the notice.

(2) Where the owner of a house is causing or permitting the house to be overcrowded, the housing authority may, if they think fit, serve on such owner a notice in writing requiring him to desist from causing or permitting such overcrowding and specifying the period, being not less than twenty-one days beginning on the date of the notice, within which, or the event after the occurrence of which, the requirements of the notice are to be complied with.

(3) Any person who neglects or refuses to comply with a requirement of a housing authority to publish the contents of a notice under subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

(4) Where a notice has been served under subsection (2) of this section and the person on whom the notice has been served, at any time after the expiration of the period or the occurrence of the event specified in the notice, causes or permits the house to which the notice relates to be overcrowded, he shall, subject to subsection (5) of this section, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding one month or to both such fine and imprisonment.

(5) Where a house which would not otherwise be overcrowded becomes overcrowded by reason of the increase in the age or in the number of children of the person by whom the house is occupied, the owner of the house shall not be guilty of an offence under subsection (4) of this section.

(6) Notwithstanding subsection (1) of section 121 of this Act, on the commencement of this section bye-laws made under section 62 of the Housing of the Working Classes Act, 1890, or section 20 of the Housing (Ireland) Act, 1919, shall, in so far as they relate to overcrowding, cease to have effect.

Annotations:

Modifications (not altering text):

C36

Subss. (3), (4) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33. (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 £1,000 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

...

Unfit houses.

66

66. (1) Where a housing authority are of opinion that a house is unfit for human habitation in any respect, the authority shall, unless they are also of opinion that the house is not capable of being rendered so fit in such respect at a reasonable expense, serve on the owner of the house and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house whether as mortgagee, tenant or otherwise, a notice in writing (in this Act referred to as a repairs notice) specifying the matters in respect of which it is alleged that the house is unfit for human habitation and requiring the owner to execute, within a period specified in the notice, being not less than twenty-eight days beginning on the date of the notice, such works as may be necessary to make the house, as respects the matters specified in the notice, fit for human habitation, and in particular, a repairs notice may, if the authority think fit, specify the works which are, in the opinion of the authority, necessary to make the house so fit for human habitation or to prevent the structure of the house deteriorating, and such owner, his servants or agents shall carry out the works necessary to comply with the requirements of the notice and may, for that purpose, enter on any land.

(2) The housing authority in considering whether a house is unfit for human habitation shall have regard to the extent (if any) to which the house is deficient as respects each of the matters set out in the Second Schedule to this Act.

(3) The housing authority shall, in determining for the purposes of this section whether a house is in any respect capable of being rendered fit for human habitation at a reasonable expense, have regard to the estimated cost of, and the increase in the value of the house which the authority estimate will be attributable to, rendering the house so fit.

(4) Where the housing authority are of opinion that a house is unfit for human habitation in any respect and is not capable of being rendered so fit in such respect at a reasonable expense, they shall serve upon the owner of the house and, in so far as it is reasonably practicable to ascertain such persons, on any other person having an interest in the house, whether as mortgagee, tenant or otherwise, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the house and any offer with respect to the carrying out of works, or the future use of the house, which the owner may wish to submit will be considered by the authority, and every such person shall be entitled to be heard when the matter is so considered.

(5) Where a housing authority have served a notice under subsection (4) of this section, they may, if they think fit, after consultation with the owner of or any person having an interest in the house to which the notice relates, accept an undertaking from him, either that he will within a period specified in the undertaking carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or that the house shall not be used for human habitation until the authority, on being satisfied that it has been rendered fit for the purpose, cancel the undertaking.

(6) In case no undertaking is accepted under subsection (5) of this section by the housing authority, or in case an undertaking has been accepted and any work to which the undertaking relates is not carried out within the period specified in the undertaking, or in case the house is at any time used in contravention of the terms of the undertaking, the authority shall forthwith make one of the following:

( a) an order (in this Act referred to as a closing order) prohibiting the use of the house or any part of the house, for any purpose specified by the housing authority in the order; or

( b) an order (in this Act referred to as a demolition order) requiring, in case an undertaking is so accepted, the person giving the undertaking, or, in any other case, the owner of the house, to do the following:

(i) within a period specified in the order, being not less than twenty-eight days beginning on the date of the order, to vacate the house or cause the same to be vacated and upon such vacation, to secure the house against re-occupation; and

(ii) within six weeks after the expiration of the period so specified, or if the house is not vacated within such period, within six weeks after the date on which it is vacated, or in either case within such longer period as in the particular circumstances the housing authority consider reasonable to specify, to demolish the house and clear and level the site thereof and remove any debris therefrom and, if the authority think fit, to erect a wall or barrier between any open road, street or public place, and any person, his servants or agents, may, for the purpose of complying with the requirements of the demolition order, enter on any land.

(7) A demolition order may, as respects any works the execution of which is necessary for compliance with the requirements of the order, require that the works be carried out in accordance with such conditions F54 [ (including conditions requiring the taking of such reasonable steps as will ensure that the works, either while being carried out or when completed, will neither cause injury to any adjoining or adjacent building nor interfere with the stability thereof) ], if any, specified in the order as the authority think appropriate and in such manner as may be specified in the order.

(8) Where a housing authority have made a demolition order in respect of a house, the authority may, if they think fit, accept from the owner or from any other person having an interest in the house, an undertaking that the house or any part thereof shall thenceforth be used solely for a purpose other than human habitation and specified in the undertaking.

(9) In case a housing authority accept an undertaking under subsection (8) of this section, the following provisions shall apply:

( a) the authority shall, as respects the house or part thereof to which the undertaking relates, thereupon make a closing order under subsection (6) of this section;

( b) upon the making of the closing order the demolition order mentioned in the said subsection (8) shall—

(i) in case it is already operative, cease to be operative,

(ii) in case it has not become operative, remain inoperative,

for so long as, but only for as long as, the closing order remains operative; and

( c) if the house or any part thereof is at any time used in contravention of the terms of the undertaking, the authority shall, notwithstanding subsection (10) of this section, forthwith determine the closing order.

(10) Where a housing authority have made a closing order in respect of a house, the authority may, at any time not less than six months after the making of the order, determine the order and make a demolition order in respect of the house.

(11) Where a housing authority are satisfied that the premises to which a closing order relates or part of such premises have or has been rendered fit for human habitation—

( a) in case the authority are so satisfied as respects such premises, they shall determine the order, or

( b) in case the authority are so satisfied as respects part of such premises, they may, if they think fit, determine the order in so far as it relates to that part,

and notwithstanding paragraph ( b) of subsection (9) of this section, a demolition order shall not become operative by reason only of the fact that the authority have determined a closing order under this subsection.

(12) A housing authority shall, as soon as may be after making a closing order or demolition order or determining a closing order either in whole or in part, serve a copy of the order or notice in writing of the determination on the owner of the house, and, in so far as it is reasonably practicable to ascertain such person, on any other person having an interest in the house.

(13) For the purposes of this Part of this Act, a repairs notice, demolition order or closing order shall become operative;

( a) in case an appeal is made under section 72 of this Act against the notice or order and the court, on such appeal, confirms the notice or order with or without modifications, alterations or additions—on the determination of the appeal by the court or on such other date as the court may decide,

( b) in any other case—on the expiration of the period ending twenty-one days after the date of the service of the notice or the copy of the order.

(14) Whenever a demolition order has become operative, the housing authority shall serve on the occupier of the house to which the order relates a notice in writing stating the effect of the order and specifying the date by which the order requires the house to be vacated and requiring him to quit the house before the said date or before the expiration of twenty-eight days from the service of the notice, whichever is the later, and if at any time after the date on which the notice requires the house to be vacated any person is in occupation of the house, or of any part thereof, the authority or the owner of the house may apply to the justice of the District Court having jurisdiction in the district court district in which the house is situate for the issue of a warrant under this section.

(15) Upon hearing an application duly made under subsection (14) of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the notice required by this section has been duly given and the requirement of the notice has not been complied with, issue the warrant.

(16) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section and the warrant when so issued shall have the same effect as a warrant under the said section 86.

(17) Nothing in the Landlord and Tenant Acts, 1931 and 1958, or the Rent Restrictions Act, 1960, shall, as respects premises to which a F55 [ ] closing order, demolition order or undertaking accepted under this section relates, prevent—

( a) the owner of the premises,

( b) the person from whom the undertaking was accepted, or

( c) the housing authority,

from obtaining possession of the said premises.

Annotations:

Amendments:

F54

Inserted (15.07.1969) by Housing Act 1969 (16/1969), s. 11(a), commenced on enactment.

F55

Deleted (15.07.1969) by Housing Act 1969 (16/1969), s. 11(b), commenced on enactment.

Housing authority may affix notice of serving repairs notice, making closing order or demolition order or accepting undertaking.

67

67. (1) Whenever a repairs notice, a closing order or a demolition order has become operative or a housing authority have accepted an undertaking under subsection (5) or (8) of section 66 of this Act, the authority may affix to or near the premises to which the notice, order or undertaking relates, a notice complying with the requirements of subsection (2) of this section.

(2) A notice affixed under the foregoing subsection shall, state that the repairs notice, closing order or demolition order has become operative or that the undertaking has been accepted by the housing authority, as the case may be, specify the premises to which the order or undertaking relates and state the penalties which may be imposed under subsection (1) or (2) of section 68 of this Act in respect of the use or permitted use of the premises in contravention of the said section 68, together with the substance of subsection (3) of this section.

(3) A person who defaces a notice affixed under this section, or who, without lawful authority, removes the notice, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

Annotations:

Modifications (not altering text):

C37

Subs. (3) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33. (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 £1,000 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

...

Restriction on user of premises to which repairs notice, closing order, demolition order or undertaking applies.

68

68. (1) Any person who, knowing that a repairs notice has been served and applies to a house and that the notice has not been complied with, uses the house for human habitation at a time immediately before which the house was vacant, or permits it to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds, or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.

(2) Any person who, knowing that a closing order or a demolition order has become operative and applies to a premises, or that an undertaking has been accepted under this Part of this Act that premises shall not be used or shall be used only for certain purposes specified in the undertaking, uses the premises in contravention of the terms of the order or undertaking, or permits them to be so used, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment.

(3) Where—

( a) a person has been convicted of an offence under subsection (1) of this section in relation to a repairs notice or under subsection (2) of this section in relation to a closing order, a demolition order or an undertaking,

( b) after the date of the conviction the person, in case he has been convicted under subsection (1) of this section, uses or permits to be used for human habitation premises to which the notice relates, or in case he has been convicted under subsection (2) of this section, uses or permits to be used premises to which the order or undertaking relates in contravention of the terms of the order or the undertaking,

( c) at the time of such user the notice has not been complied with or the order or undertaking is, as respects the premises so used or permitted to be so used, still in force,

the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) An offence under subsection (3) of this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.

(5) In any proceedings under this section against a person for permitting the use for human habitation of premises to which a repairs notice, a closing order, a demolition order or an undertaking applies, it shall be presumed that the person permitted such use unless, without prejudice to any other defence, he shows that he did not receive, directly or indirectly, any payment or other valuable consideration in respect of the use and that he took appropriate action to terminate the use.

(6) Where a closing order or demolition order has become operative in respect of premises or an undertaking has been accepted as aforesaid that a premises shall not be used for certain purposes specified in the undertaking, it shall not be lawful for any person to require the payment of any sum or the giving of any valuable consideration in respect of the use of the premises in contravention of the terms of the order or undertaking, and where such payment or consideration is made or given in respect of any such use the amount or value thereof may be recovered as a simple contract debt in any court of competent jurisdiction.

Annotations:

Modifications (not altering text):

C38

Subss. (1), (2) and (3)(b) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33. (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 £1,000 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

...

Enforcement of repairs notice or demolition order.

69

69. (1) If the requirements of a repairs notice or demolition order have not been complied with in any respect, then, after the expiration of the period for compliance specified in the notice or order, or if an appeal has been made under section 72 of this Act against the notice or order and upon the appeal the notice or order has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal or of such longer period as the court may in determining the appeal allow, the following provisions shall apply:

( a) the owner of the house to which the notice or order relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds, and

( b) the housing authority may do anything required to be done by the notice or order, or by the notice or order as varied by the court, and for that purpose the authority, their servants or agents may enter any land.

(2) Where a housing authority are about to enter a house for the purpose of doing any works under subsection (1) of this section, the authority may give notice of their intention to do so to the owner of the house and, at their discretion, to any other person having an interest in the house whether as mortgagee, tenant or otherwise, and if at any time after the expiration of seven days from the service upon him of such notice and whilst any workman or contractor employed by the authority is carrying out works in the house any person upon whom the notice was served or any workman employed by him, or by any contractor employed by him, is in the house for the purpose of carrying out any works, the person upon whom the notice was served shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty-five pounds, unless he proves to the satisfaction of the court before which he is charged that there was urgent necessity to carry out the said works in order to obviate danger to occupants of the house.

Annotations:

Modifications (not altering text):

C39

Subss. (1)(a), (2) applied with modifications (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 33(1)(a) and (b)(i), S. I. No. 223 of 1992. The maximum fine of £1,000 appears to be 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.

Increase in fines, etc.

33. (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 £1,000 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

...

Bye-laws in relation to rented houses.

70

70. F56 [ ]

Annotations:

Amendments:

F56

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:

E164

Previous affecting provision: provision for bye-laws made under section to cease in certain circumstances made (26.07.1982) by Housing (Private Rented Dwellings) Act 1982 (6/1982), s. 26(6), S.I. No. 216 of 1982; section repealed as per F-note above.

Recovery of expenses of repair and demolition, etc.

71

71. (1) Where any expenses have been incurred by a housing authority under subsection (14) of section 66, section 69 or section 70 of this Act in relation to a house, the authority may make a demand in writing of the owner of the house for payment thereof and if after the expiration of fourteen days from the date of the demand, the expenses or any part thereof have not been paid or an offer by the owner to pay the expenses in instalments or otherwise has not been accepted by the authority, the amount which is unpaid together with interest, at the rate of interest at which the authority can, on the date when the demand is made, borrow from the local loans fund, may, without prejudice to any other method of recovery, be recovered either in whole or in part by the authority in one or more of the following ways:

( a) by the sale by the authority of any materials resulting from any works carried out by the authority in relation to the house and the retention by them of so much of the proceeds of the sale as is equal to the amount of such expenses, with interest;

( b) by requiring the occupier of the house (whether the occupation commenced before or after any of the expenses were incurred by the authority) to pay to the authority any rent or payment in lieu of rent then due or thereafter to become due by him until the amount of the expenses with any interest due thereon is paid to the authority, or in case the house is or becomes vacant, by letting the same, until the said amount is so paid, on such terms and conditions as the authority think fit, provided that the authority shall serve on the owner of the house not less than twenty-one days' notice either, as may be appropriate, of their intention to require the occupier to pay to them any rent or other payment so due, or of the terms and conditions upon which they propose so to let the house or of any variation which they propose to make in such terms and conditions;

( c) by making an order (in this section referred to as a charging order) charging the house and, at the discretion of the housing authority, all other premises held therewith by the same tenure or under the same tenancy, with the amount of the expenses, with interest thereon;

( d) by recovery from the owner of the house or the person receiving the rent of the house as a simple contract debt in a court of competent jurisdiction, provided that, if the person proves that he is receiving the rent merely as an agent or trustee for some other person, and has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority, his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.

(2) Any surplus moneys arising on a sale pursuant to paragraph ( a) of subsection (1) of this section shall be paid by the housing authority to the owner of the house, or if there is more than one owner, to each such owner in such proportions as the owners may agree, or (in default of agreement) as the justice of the District Court, having jurisdiction in the district court district in which the house is situate may, on the application of any such owner, determine.

(3) The service of a notice under paragraph ( b) of the said subsection (1) upon an owner shall operate to transfer to the housing authority the exclusive right to recover, receive and give a discharge for the rent or other payment payable by virtue of the said subsection (1) to the authority and if at any time during the period when the rent or other payment is so receivable by the authority, the owner, after being requested by the authority, refuses to execute as respects the house any maintenance or other works for which he as owner is liable, the authority may execute the works and any expenses incurred by the authority in executing the works shall be recoverable by the authority in like manner as if such expenses were expenses incurred by the authority under the said subsection (14) of section 66, the said section 69 or the said section 70 in relation to the house.

(4) A charging order shall be deemed to be a F57 [ legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009 ], and the housing authority shall be the mortgagees for the purposes of F58 [ that Act ] and shall accordingly have, in relation to every charging order, all the powers conferred by F58 [ that Act ] on mortgagees under mortgages made by deed.

(5) Wherever a housing authority make a charging order they shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or by the registering authority, as the case may require.

(6) A charging order affecting land registered by the registering authority shall be registerable by that authority as a burden affecting such land whether the person named in such order as the owner or the occupier of the land is or is not registered by the said authority as the owner of such land.

(7) Where—

( a) land is offered for sale by the Irish Land Commission under any statutory power in that behalf vested in them, and

( b) such land is subject to a charging order,

the land shall be sold subject to the charge created by the order in addition to any other charge, encumbrance, or liability subject to which such land is, apart from this subsection, required by law to be sold.

(8) In calculating expenses described in this section, any costs incidental to the recovery of the amount due, including costs in relation to proceedings in the District Court or in relation to the registration of a charging order in the Registry of Deeds or by the registering authority, shall be included by the housing authority, and the amount of a grant made under any enactment (including this Act) in respect of works to which the expenses relate, together with, if the housing authority think fit, the amount of any supplementary grant which could be made by the housing authority in respect of the works, shall be deducted by the housing authority.

Annotations:

Amendments:

F57

Substituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.

F58

Substituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.

Editorial Notes:

E165

Previous affecting provision: application of subss. (4)-(7) extended and term “charging order” construed (15.07.1969 to 31.12.1972) by Housing Act 1969 (16/1969), s. 7(3), commenced on enactment; continued in effect (20.12.1972 to 31.12.1974) by S.I. No. 324 of 1972; further continued in effect (20.12.1974 to 31.12.1977) by S.I. No. 366 of 1974; further continued in effect (22.12.1977 to 31.12.1979) by S.I. No. 390 of 1977; further continued in effect (7.12.1977 to 31.12.1981) by S.I. No. 389 of 1979; further continued in effect (22.12.1979 to 31.12.1984), S.I. No. 435 of 1981.

Appeals.

72

72. (1) Any person aggrieved by—

( a) a repairs notice, a closing order, a demolition order, or a refusal to determine a closing order,

( b) a charging order under paragraph ( c) of subsection (1) of section 71 of this Act,

( c) a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order,

( d) a requirement that a rent or a payment in lieu of rent be paid to a housing authority, a notice or a letting under or by virtue of paragraph ( b) of subsection (1) of section 71 of this Act,

may, within the period ending twenty-one days after the date of the service of the notice or copy of the order, the making of the demand, or after the refusal, as the case may be, appeal to the Circuit Court;

Provided that—

(i) on an appeal in relation to a demand for the recovery of expenses incurred by a housing authority in doing anything required to be done by a repairs notice or a demolition order, no question shall be raised which might have been raised on an appeal against the notice or order, and

(ii) no appeal shall lie under paragraph ( a) of this subsection in relation to a closing order at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.

(2) On the hearing of any appeal under this section, the Circuit Court may, as it thinks proper,—

( a) confirm the notice, demand, order, refusal, letting or requirement unconditionally,

( b) confirm the notice, demand, order, letting or requirement, subject to such modifications, alterations or additions as the Court thinks reasonable,

( c) annul the notice, demand, order, letting or requirement, or

( d) determine the closing order.

(3) The Circuit Court may accept such undertaking as might have been accepted by the housing authority, and any undertaking so accepted by the Circuit Court shall have the like effect as if such undertaking had been given to and accepted by the housing authority under this Part of this Act.

(4) Where the Circuit Court annuls a repairs notice it shall, if requested by the housing authority so to do, include in its judgment a finding whether the premises can or cannot be rendered fit for human habitation at a reasonable expense.

Annotations:

Editorial Notes:

E166

Previous affecting provision: application of section extended and term “charging order” construed (15.07.1969 to 31.12.1972) by Housing Act 1969 (16/1969), s. 7(3), commenced on enactment; continued in effect (20.12.1972 to 31.12.1974) by S.I. No. 324 of 1972; further continued in effect (20.12.1974 to 31.12.1977) by S.I. No. 366 of 1974; further continued in effect (22.12.1977 to 31.12.1979) by S.I. No. 390 of 1977; further continued in effect (7.12.1977 to 31.12.1981) by S.I. No. 389 of 1979; further continued in effect (22.12.1979 to 31.12.1984), S.I. No. 435 of 1981.

Power of Circuit Court to determine lease of house in respect of which demolition order is made.

73

73. (1) Where a housing authority have made a demolition order in respect of a house and the authority have not accepted an undertaking under subsection (8) of section 66 of this Act, and the house forms the subject matter of a lease, either the lessor or the lessee may apply to the Circuit Court for an order determining the lease.

(2) Upon any application under subsection (1) of this section the Circuit Court, after giving to any sub-lessee an opportunity of being heard, may, if it thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as the court may think just and equitable to impose, regard being had to the respective rights, obligations and liabilities of the parties under the lease and all the other circumstances of the case.

(3) In this section, “ lease” includes an underlease and any tenancy or any agreement for a lease, under-lease, or tenancy, and “ lessor”, “ lessee”, and “ sub-lessee” shall be construed accordingly, and as including also a person deriving title under a lessor, lessee or sub-lessee.

Action under section 65, 66 or 69 of Act not to prejudice other remedies.

74

74.No action taken under section 65, 66 or 69 of this Act shall prejudice or affect any other powers (including a power under this Act) of the housing authority or any remedy available to a tenant against a landlord, or to a landlord against a tenant, either at common law or otherwise.

PART V

Acquisition of Land, etc.

Annotations:

Modifications (not altering text):

C40

Application of Part (other than s. 77) extended with modifications by Industrial Development Act 1986 (9/1986), s. 16C(3), (4), as inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.

[Exercise of compulsory powers

16C. ...

(2) IDA may be authorised to exercise the powers under paragraphs (a), (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.

(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose —

(a) references in that Act to a housing authority shall be construed as references to IDA,

(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,

(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16,

(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and

(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1) of section 16.

(4) In construing a compulsory purchase order made by virtue of subsection (2), a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA. ]

C41

Application of part extended and reference to “housing authority” construed (11.07.2005) by Grangegorman Development Agency Act 2005 (21/2005), s. 13(2), commenced on enactment.

Transfer of lands from statutory body to Agency.

13.— ...

(2) Subject to subsection (3), where an order is made under this section there shall be payable to the statutory body by the Agency consideration in respect of the transfer and such consideration shall be such as may be agreed between the statutory body and the Agency or, in default of such agreement, such amount as shall be determined by arbitration in the like manner in all respects as a claim for compensation in relation to the compulsory acquisition of land under Part V of the Housing Act 1966 and for that purpose a reference to a housing authority shall be construed as a reference to the Agency.

C42

Application of part extended with modifications (1.05.1996) by Casual Trading Act 1995 (19/1995), s. 7(2), S.I. No. 267 of 1995.

Acquisition and extinguishment of market rights.

7. ...

(2) Section 10 of the Local Government (No. 2) Act, 1960, and Part V of and the Third and Fourth Schedules to the Housing Act, 1966, shall apply in relation to a market right in respect of markets or fairs as they apply in relation to land—

( a) with the substitution of references to such market right for references to land,

( b) with the deletion of—

(i) and of the map referred to therein” in section 78 (1) of the said Housing Act, 1966,

(ii) and shall have attached thereto a map of the land to which it applies” in section 82 (1) of the said Housing Act, 1966,

(iii) by reference to a map” in paragraph 3 of the said Third Schedule, and

(iv) and of the map referred to therein” in paragraph 4 ( a) of the said Third Schedule, and

( c) with any other necessary modifications.

C43

Application of part extended and “housing authority” construed (1.01.1994) by Roads Act 1993 (14/1993), s. 19(8), S.I. No. 406 of 1993.

Specific functions of the Authority.

19.— ...

(8) The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

...

Editorial Notes:

E167

Previous affecting provision: application of part extended and “housing authority” construed (22.07.1987) by Urban Renewal (Amendment) Act 1987 (16/1987), s. 5(2), commenced on enactment; repealed (1.05.1997) by Dublin Docklands Development Authority Act 1997 (7/1997), s. 8 and sch. 3, S.I. No. 135 of 1997.

E168

Previous affecting provision: application of part extended with modifications (12.02.1980) by Casual Trading Act 1980 (43/1980), s. 8, S.I. No. 43 of 1981; repealed (1.05.1996) by Casual Trading Act 1995 (15/1995), s. 17(1)(a), S.I. No. 267 of 1995, subject to transitional provisions in subss. (2) and (3).

Definitions for purposes of Part V and Third Schedule.

75

75.In this Part and the Third Schedule to this Act—

( a) references to the Lands Clauses Acts shall be construed as references to those Acts (other than the Acquisition of Land (Assessment of Compensation) Act, 1919) as amended by the Second Schedule to the Act of 1890 and this Act;

( b) the Acquisition of Land (Assessment of Compensation) Act, 1919”, means the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925, the Property Values (Arbitrations and Appeals) Act, 1960, and the Local Government (Planning and Development) Act, 1963;

( c) the Act of 1890” means the Housing of the Working Classes Act, 1890;

( d) house” means a building which is—

(i) wholly or principally used on the relevant date for human habitation, or

(ii) neither wholly nor principally used for human habitation on the relevant date but which, when last wholly or principally used, was so used for human habitation,

and includes any yard, outoffices or appurtenances, garden or other land belonging thereto or usually enjoyed therewith;

( e) owner” means in relation to land a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term whereof exceeds three years;

( f) relevant date” means in relation to a house the date on which the notice as respects the making of the compulsory purchase order relating to the house is published in accordance with article 4 of the said Third Schedule.

Procedure for compulsory acquisition of land.

76

76.A housing authority acquiring land compulsorily for the purposes of this Act may be authorised to do so by means of a compulsory purchase order made by the authority and submitted to and confirmed by the Minister in accordance with the provisions contained in the Third Schedule to this Act.

Annotations:

Modifications (not altering text):

C44

Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.— ...

(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: ...

( f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;

...

Editorial Notes:

E169

Power pursuant to section exercised (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.

E170

Previous affecting provisions: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.

Compulsory acquisition of land not immediately required.

77

77.A housing authority may be authorised to acquire compulsorily for the purposes, and in accordance with section 76, of this Act, land not immediately required for those purposes, provided that the Minister is of opinion that there is reasonable expectation that the land will be required by the authority in the future in order to attain any of the objectives to which they are required by subsection (3) of section 55 of this Act to have regard in preparing a building programme.

Annotations:

Modifications (not altering text):

C45

Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.— ...

(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: ...

( f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;

...

Validity and date of operation of compulsory purchase orders.

78

78. (1) As soon as may be after the Minister has made a confirmation order confirming a compulsory purchase order, whether in respect of all or part of the land to which the compulsory purchase order relates, the housing authority shall publish in a newspaper circulating in their functional area a notice in the prescribed form stating that the compulsory purchase order has been confirmed as respects all or part of the land, as the case may be, and naming a place where a copy of the compulsory purchase order as so confirmed and of the map referred to therein may be seen at all reasonable times and shall serve a like notice on every person having an interest in the land as respects which the compulsory purchase order has been confirmed who, having given notice to the Minister of his objection to the compulsory purchase order, appeared at the local public inquiry in support of his objection.

(2) If any person aggrieved by a compulsory purchase order which has been confirmed by the Minister (whether in respect of all or part of the land to which the compulsory purchase order relates) desires to question its validity he may, not later than three weeks after the publication of notice of the confirmation order, make an application for the purpose to the High Court, and where any such application is duly made the court—

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

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

(3) A compulsory purchase order as confirmed by a confirmation order shall—

( a) as respects the land to which the confirmation order relates;

(i) in case no application mentioned in subsection (2) of this section is made or in case such application is withdrawn—become operative at the expiration of the period ending twenty-one days after the notice required by subsection (1) of this section is published, or the withdrawal of the application, or

(ii) in case such an application is made and is not withdrawn, and the court decides neither to quash the order as confirmed as aforesaid, nor to quash the order in so far only as it affects any property of the applicant—become operative on the date of the determination of the application,

( b) in case an application mentioned in subsection (2) of this section is made and is not withdrawn, and the court decides to quash the order in so far only as it affects any property of the applicant—become operative, on the date of the determination of the application, in so far as it affects any property other than the said property of the applicant.

(4) Subject to the provisions of subsection (2) of this section, a person shall not question a compulsory purchase order by prohibition or certiorari or in any legal proceedings whatsoever.

(5) So soon as may be after a compulsory purchase order has become operative, the housing authority shall serve a copy thereof on every person on whom a notice was served by them of their intention to submit the order to the Minister for confirmation.

Annotations:

Modifications (not altering text):

C46

Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.— ...

(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: ...

( f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;

...

C47

Application of subss. (2) to (4) restricted (1.1.2001) by Planning and Development Act 2000 (30/2000), s. 217(7)(b), S.I. No. 449 of 2000.

Certain time limits in respect of compulsory purchase of land, etc.

217.— ...

(7) ...

( b) Subsections (8) and (9) of section 52 of the Roads Act, 1993 (as inserted by section 5 of the Roads (Amendment) Act, 1998 ) and subsections (2) to (4) of section 78 of the Housing Act, 1966 , shall not apply in relation to decisions of the Board under this Part.

C48

References to “local inquiries” or “public inquiries” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 218(3)(b), S.I. No. 449 of 2000.

Oral hearings in relation to compulsory acquisition of land.

218.— ...

(3) For the purposes of this Part, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section: ...

( b) section 78 of, and the Third Schedule to, the Housing Act, 1966;

Editorial Notes:

E171

Power pursuant to subs. (1) exercised (2.12.2008) by Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008).

E172

Power pursuant to section exercised (12.07.2001) by Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations 2001 (S.I. No. 320 of 2001).

E173

Power pursuant to section exercised (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), in effect as per reg. 2.

E174

Previous affecting provisions: power pursuant to section exercised (10.11.1998) by Housing Act, 1966 (Acquisition of Land) (Amendment) Regulations 1998 (S.I. No. 434 of 1998); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.

E175

Previous affecting provisions: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.

Notice to treat.

79

79. (1) Where a compulsory purchase order made and confirmed under this Act has become operative and the housing authority decide to acquire land to which the order relates, the authority shall serve a notice (in this Part referred to as a notice to treat) on every owner, lessee and occupier of the land F59 [ ] stating that they are willing to treat for the purchase of the several interests in the land and requiring each such owner, lessee and occupier to state within a specified period (not being less than one month from the date of service of the notice to treat) the exact nature of the interest in respect of which compensation is claimed by him and details of the compensation claimed, and, if the authority so require, distinguishing separate amounts of the compensation in such manner as may be specified in the notice to treat and showing how each such amount is calculated.

(2) A notice to treat served under subsection (1) of this section shall be deemed to be a notice to treat for the purposes of the Acquisition of Land (Assessment of Compensation) Act, 1919.

Annotations:

Amendments:

F59

Deleted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 198, S. I. No. 505 of 2004.

Power of entry on, taking possession and use of land.

80

80. (1) Where a housing authority are by a compulsory purchase order made and confirmed under this Act authorised to acquire land compulsorily for the purposes of this Act, the authority may, at any time after the service of notices to treat in respect of the land, on giving not less than fourteen days' notice in writing to every owner, lessee and occupier of the land, enter on, take possession of and use the land or such part thereof as may be specified in the notice without previous consent of any such owner, lessee or occupier or compliance with the provisions of the Lands Clauses Acts relating to entry on lands and the authority shall be liable to the payment of the like compensation as if the said provisions of the Lands Clauses Acts had been complied with and to payment of interest upon such compensation as from the date of such entry.

(2) Where a housing authority—

( a) agree to purchase land and the purposes for which the land is being acquired are purposes of this Act, or

( b) propose to appropriate land to any purpose of this Act,

subject to the interest of the person in possession thereof, and that interest is not greater than that of a tenant for a year or from year to year then, at any time after the agreement has been made or the consent to the appropriation has been given by the appropriate Minister within the meaning of section 85 of this Act, the authority may, after giving to the person so in possession twenty-one days' notice in writing, without previous consent, enter on, take possession of and use the land or such part thereof as is specified in the notice but subject to the payment to the person so in possession of the like compensation together with interest upon such compensation as from the date of such entry as if the authority had been authorised to acquire the land compulsorily and the person had in pursuance of the authorisation been required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with the provisions of the Lands Clauses Acts relating to entry on lands.

Annotations:

Modifications (not altering text):

C49

Reference to “Minister” construed (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(2)(f)(i), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.— ...

(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: ...

( f) (i) the references to the Minister, or to the appropriate Minister, in sections 76, 77, 78 [and 80] of, and the Third Schedule to, the Housing Act, 1966, shall be construed as referring to the Board and any connected references shall be construed accordingly;

...

Vesting order.

81

81. (1) Where a housing authority have entered on and taken possession of land in accordance with the powers conferred upon them by section 80 of this Act and where, after the expiration of six months from the date of such entry—

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

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

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

the authority may by order (in this Act referred to as a vesting order) acquire the land.

(2) Where a housing authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) When a housing authority make a vesting order they shall within seven days after making the order—

( a) publish in one or more newspapers circulating within their functional area a notice stating that the order has been made, describing the land referred to therein and naming a place where a copy of the order may be seen at all reasonable times, and

( b) serve on every person appearing to them to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

Form and effect of vesting order and registration of title acquired under the Registration of Title Acts, 1891 and 1942.

82

82. (1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it applies and it shall be expressed and shall operate to vest the land in the housing authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date (in this Act referred to as the vesting date) not earlier than twenty-one days after the making of the order.

(2) Notwithstanding anything in subsection (1) of this section, where a housing authority have acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.

(3) When a housing authority make a vesting order in relation to any land, they shall send the order to the registering authority and thereupon the registering authority shall cause the housing authority to be registered as owner of the land in accordance with the order.

Annotations:

Editorial Notes:

E176

Previous affecting provisions: power pursuant to section exercised (20.12.2000) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000); revoked (2.12.2008) by Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008 (S.I. No. 514 of 2008).

E177

Previous affecting provisions: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations, 1966 (S.I. No. 278 of 1966); revoked (20.12.2000) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000).

Extinguishment of ways, easements, etc.

83

83. (1) F60 [ ]

(2) Upon the completion by a housing authority of the acquisition by them, otherwise than by vesting order, of any land for the purposes of this Act, all private rights of way and all rights of laying down, erecting, continuing or maintaining any pipes, sewers, drains, wires or cables on, under or over that land (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to that land shall, except so far as may be otherwise agreed by the authority and the person entitled to the right in question, vest in the authority without any conveyance or transfer, and any person who suffers loss by the vesting by virtue of this subsection of any such right or property shall be entitled to be paid by the authority compensation to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

Annotations:

Amendments:

F60

Repealed (1.08.1993) by Roads Act 1993 (14/1993), s. 4 and sch. 1, S.I. No. 197 of 1993.

Editorial Notes:

E178

Previous affecting provision: power pursuant to section exercised (23.12.1966) by Housing Act, 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966); revoked (1.01.2001) by Housing Act, 1966 (Acquisition of Land) Regulations 2000 (S.I. No. 454 of 2000), reg. 9, in effect as per reg. 2.

Assessment of compensation in respect of land acquired compulsorily.

84

84. (1) Where land is acquired compulsorily by a housing authority for the purposes of this Act, the compensation payable in respect thereof shall be;

( a) in the case of land consisting of a house mentioned in article 3 of the Third Schedule to this Act—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part I of the Fourth Schedule to this Act,

( b) in the case of any other land—the value of the land at the time the relevant notice to treat is served assessed in accordance with Part II of the Fourth Schedule to this Act.

(2) Subject to subsection (1) of this section and to paragraph ( l) of article 2 of the said Third Schedule, the compensation payable in respect of such land shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.

Appropriation of land to purposes of this Act.

85

85. F61 [ ]

Annotations:

Amendments:

F61

Repealed (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, S.I. No. 588 of 2001, subject to exceptions in s. 6.

Amendment of section 10 of Local Government (No. 2) Act, 1960.

86

86. (1) The following section shall be substituted for section 10 of the Act of 1960—

“10. (1) Where—

( a) a local authority intend to acquire compulsorily any land, whether situate within or outside their functional area, for purposes for which they are capable of being authorised by law to acquire land compulsorily,

( b) those purposes are purposes other than the purposes of the Housing Act, 1966, or are purposes some only of which are purposes of that Act, and

( c) the local authority consider that it would be convenient to effect the acquisition under that Act,

the local authority may decide so to effect the acquisition.

(2) Where—

( a) a local authority consider that any land, whether situate within or outside their functional area, would, if acquired by them, be suitable for the provision of halls, buildings and offices for the local authority, and

( b) the local authority consider that it would be convenient to effect the acquisition under the Housing Act, 1966,

the local authority may decide so to effect the acquisition.

(3) ( a) Where a local authority make a decision under subsection (1) or (2) of this section, they may be authorised to acquire the land compulsorily by means of a compulsory purchase order as provided for by section 76 of the Housing Act, 1966, and the Third Schedule thereto and for the purposes of this paragraph any reference to a housing authority in the said section 76 or the said Third Schedule shall be construed as a reference to a local authority.

( b) For the purposes of paragraph ( a) of this subsection, ‘ the Minister’, wherever that expression occurs in section 76 of the Housing Act, 1966, and the Third Schedule thereto shall be construed as referring to the appropriate Minister.

(4) ( a) The provisions of sections 78, 79, subsection (1) of section 80, sections 81, 82 and 84 of the Housing Act, 1966, and the Fourth Schedule thereto, shall apply in relation to an order made by virtue of this section and any reference in the said sections and subsection and in the said Fourth Schedule as so applied to a housing authority or the Minister shall be construed as a reference as to the local authority or the appropriate Minister, respectively.

( b) The provisions of sections 3, 4, 5 and 49 of the Housing Act, 1966, are hereby extended so as to have effect for the purposes of this section, and any reference in the said sections as so extended to a housing authority or, except in the said section 5, to the Minister shall be construed as a reference to the local authority or the appropriate Minister, respectively.

( c) The provisions of subsection (2) of section 83 of the Housing Act, 1966, shall apply in relation to land acquired by means of an order made by virtue of this section.

( d) Where—

(i) an order is made by virtue of this section, and

(ii) there is a public right of way over the land to which the order relates or any part thereof,

the order may authorise the local authority, by order made by them after they have acquired such land or part, to extinguish the right of way.

( e) Where—

(i) an order made by virtue of this section authorises the extinguishment of a public right of way, and

(ii) apart from this paragraph, it would not be obligatory on the Minister to cause a public local inquiry to be held pursuant to the Third Schedule to the Housing Act, 1966,

it shall be obligatory on the Minister to cause the inquiry to be held save where he thinks fit not to confirm the order.

(5) A local authority may, in a case in which they have made a decision under subsection (1) of this section, be authorised to acquire land compulsorily by means of a single order made by virtue of this section irrespective of the number of the purposes for which the land is required.

(6) In this section, ‘ land’ includes any interest or right over land granted by or held from the local authority acquiring the land.”

(2) In construing a compulsory purchase order made by virtue of the said section 10, the reference in any enactment incorporated therein which, but for this subsection, would by virtue of sub-article (5) of article 5 of the Third Schedule to this Act be construed as a reference to a housing authority, shall be construed as a reference to a local authority.

Amendment of section 10 of Local Government (Ireland) Act, 1898.

87

87. F62 [ ]

Annotations:

Amendments:

F62

Repealed (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, S.I. No. 558 of 2001, subject to exceptions in s. 6.

PART VI

Disposal of Land and Dwellings

Chapter I

Land

Disposal of land by housing authority.

88

88. F63 [ ]

Annotations:

Amendments:

F63

Repealed (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, S.I. No. 558 of 2001, subject to exceptions in s. 6.

Editorial Notes:

E179

Previous affecting provision: application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(8)(a)(ii), S.I. No. 223 of 1992; section repealed as per F-note above.

Chapter II

Certain Dwellings Provided under this Act

Interpretation (Chapter II of Part VI).

89

89.In this Chapter—

F64 [ dwelling means a dwelling provided by a housing authority under this Act of which they are the owner and includes any shop, outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith; ]

F65 [ purchase money , in relation to a dwelling, means

( a ) the purchase price of the dwelling after taking into account any reduction in the price as a result of any discount or other allowance made by the housing authority concerned, and

( b ) any interest payable on the amount determined in accordance with paragraph ( a ) of this definition;

purchaser means the person (including a housing authority) to whom a sale is made and includes a successor in title of that person and the personal representative of that person or successor in title;

sell , in relation to a dwelling, means to sell or exchange a freehold or leasehold estate or interest, and cognate words shall be construed accordingly; ]

special condition” means a condition requiring that—

( a) payments in respect of the purchase money shall be made punctually on the due dates,

( b) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title,

( c) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

Annotations:

Amendments:

F64

Substituted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 25(a), S.I. No. 223 of 1992.

F65

Inserted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 25(b), S. I. No. 223 of 1992.

Power of housing authority to sell or lease certain dwellings provided under this Act.

90

F66 [ 90. (1) Subject to the provisions of this section and to such regulations as may be made by the Minister for the purposes of this section, a housing authority may sell a dwelling in the state of repair and condition existing at the date of the sale

( a ) where the dwelling is occupied by a tenant

(i) F67 [ ]

(ii) to another housing authority, or

(iii) to a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992;

( b ) where the dwelling is not occupied by a tenant, to any person (including another housing authority).

(2) F67 [ ]

(3) F67 [ ]

F68 [ (4) ( a ) Subject to any regulations made under this section, section 183 of the Local Government Act, 2001, shall apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph (a), or paragraph (b), of subsection (1) of this section but shall not otherwise apply to the sale of a dwelling under this section.

( b ) This subsection is without prejudice to the application of section 183 of the Local Government Act, 2001, to the disposal of land by a housing authority under section 211 of the Planning and Development Act, 2000 , and for the purposes of this paragraph land does not include a dwelling. ]

(4A) F67 [ ]

(5) A sale of a dwelling under this section shall be effected by means of an order (in this section referred to as a transfer order ) made by the housing authority which shall be expressed and shall operate to vest, on the date specified in the order, the interest specified therein, subject to such terms and conditions, including special conditions, as may be specified therein.

(6) Where a dwelling, being a separate and self-contained flat in premises divided into two or more such flats, is sold under this section, a housing authority may

( a ) make a periodic or other charge on the purchaser in respect of the management, control, maintenance or improvement of the areas, works or services in the said premises that are common to two or more such dwellings where such functions are performed by the authority,

( b ) as respects any sum due to them under paragraph ( a ) of this subsection and remaining unpaid after the due date

(i) secure payment of the sum by charging the dwelling under the Registration of Title Act, 1964 ,

(ii) without prejudice to subparagraph (i) of this paragraph, recover the sum as a simple contract debt in any court of competent jurisdiction,

( c ) subject to the requirements of regulations (if any) under this section, transfer the ownership or control of the areas, works or services in the said premises that are common to two or more such dwellings to a company or other body having as an object the management, control, maintenance or improvement of the said premises, areas, works or services.

(6A) F67 [ ]

(7) 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 ) F69 [ ]

( b ) F69 [ ]

( c ) F69 [ ]

( d ) the determination of the amount of the purchase price of a dwelling;

( e ) the determination of any discount or other allowance to be deducted from the purchase price of a dwelling;

( f ) the manner of payment of the purchase money for a dwelling;

( g ) the determination from time to time of the rate of interest (if any) payable to a housing authority on moneys owing to the authority in respect of a dwelling;

( h ) the security (if any) to be taken for moneys owing to a housing authority and the manner of assessing its adequacy;

( i ) the form of, or the matters to be specified in, a transfer order;

( j ) such other terms and conditions, including special conditions and the period for which they shall apply, in relation to the sale of a dwelling as the Minister considers appropriate;

( k ) in case of a sale of a dwelling under paragraph ( a )(iii) of the said subsection (1)

(i) the form of or the matters to be specified in an agreement between the housing authority and the body in relation to the sale of the dwelling;

(ii) the obtaining of the tenant's consent to the sale of the dwelling and the manner of so doing;

(iii) the furnishing of information to the tenant for the purpose of obtaining his consent;

(iv) the tenant's occupation of the dwelling following its sale;

F70 [ ( l ) in the case of a sale under this section, the obtaining of the consent of the Minister to the sale; ] ;

( m ) the application of section 3 of the Housing (Miscellaneous Provisions) Act, 1992, to the sale of a dwelling under this section.

(8) No warranty shall apply or be deemed to be implied as to the state of repair or condition or the fitness for human habitation of a dwelling sold under this section.

(9) Where a housing authority give or have given consent to a mortgage in respect of a dwelling sold by them under this section, the authority shall be regarded as having consented to

( a ) any further or consolidated mortgage effected by the same mortgagor, and

( b ) the exercise by the mortgagee of his powers under either such mortgage.

(10) Where, in relation to a house sold under this section, a written report on the value of a house and any factors likely to affect its value is furnished by a housing authority in connection with the making of a loan by a building society to be secured on the house, the authority may be deemed to be a person competent to value and not disqualified from making a report for the purposes of section 25 (1) ( c ) of the Building Societies Act, 1989 .

(11) ( a ) The power under this section to sell a dwelling, other than a dwelling being a separate and self-contained flat in premises divided into two or more such flats or a dwelling to which regulations made pursuant to paragraph ( m ) of subsection (7) of this section apply, shall, except where the dwelling is vested in another housing authority or a body approved of under section 6 of the Housing (Miscellaneous Provisions) Act, 1992, be exercised only by the vesting of the fee simple in the dwelling.

( b ) The Landlord and Tenant (Ground Rents) Act, 1978 , shall not apply in relation to the sale of a dwelling under subparagraph (ii) or (iii) of paragraph ( a ) of subsection (1) of this section.

(12) The following additional provisions shall apply in respect of a dwelling to which a special condition described in paragraph ( c ) of section 89 of this Act applies:

F71 [ ( a ) the housing authority may, without prejudice to any other power in that behalf, refuse to consent to a sale of a dwelling if they are of the opinion that

(i) the intended purchaser is not a person in need of housing, or

(ii) the intended purchaser is or has been engaged in antisocial behaviour or that the intended sale of the dwelling would not be in the interest of good estate management, or

(iii) the intended sale would, if completed, leave the seller or any person who might reasonably be expected to reside with that person without adequate housing; ]

( b ) where, in relation to the dwelling

(i) a housing authority give or have given consent to a sale, or

(ii) a mortgagee has exercised his powers of sale under a mortgage,

the condition shall, from the date of such sale, no longer apply;

( c ) any attempted or purported mortgaging, charging or alienation in contravention of the special condition shall be null and void against all persons; provided, however, that in any case where the consent of the housing authority is given after the attempted or purported mortgaging, charging or alienation, such consent shall, if the authority so direct, so operate as to validate with retrospective effect such attempted or purported mortgaging, charging or alienation. ]

Annotations:

Amendments:

F66

Substituted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 26(1), S.I. No. 223 of 1992, subject to transitional provisions in subss. (2) and (3).

F67

Repealed (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 31(a), S.I. No. 482 of 2015.

F68

Substituted (1.01.2002) by Local Government Act 2001 (37/2001), s. 183(2), S.I. No. 588 of 2001.

F69

Repealed (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 31(b), S.I. No. 482 of 2015.

F70

Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 31(b), S.I. No. 482 of 2015.

F71

Substituted (1.07.1997) by Housing Miscellaneous Provisions) Act 1997 (21/1997), s. 14(3), S.I. No. 247 of 1997.

Modifications (not altering text):

C50

Application of section restricted (1.07.1997) by Housing (Miscellaneous Provision) Act 1979 (21/1997), s. 14(2), S.I. No. 247 of 1997; as substituted (1.12.2009, 14.06.2010, 1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5, S.I. Nos. 449 of 2009, 253 of 2010, 680 of 2011.

Letting and sale of local authority housing.

14.—[(1) Notwithstanding anything contained in the Housing Acts 1966 to 2009, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may refuse to allocate or defer the allocation of a dwelling, including a dwelling the subject of a rental accommodation availability agreement (within the meaning of that Act), to a person where]

(a) the authority considers that the person is or has been engaged in anti-social behaviour or that [an allocation] to that person would not be in the interest of good estate management, or

(b) the person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the housing authority and which the authority considers necessary in connection with [an allocation].

[(2) Notwithstanding anything contained in— ...

(d) section 90 of the Housing Act 1966 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) or a purchase scheme under the said section 90,

a housing authority may refuse to sell a dwelling to— ...

(iv) in the case of section 90 of the Housing Act 1966, a tenant,

where the authority considers that the said tenant or the said eligible household or any member of the eligible household or of the tenant’s household, as the case may be, is or has been engaged in anti-social behaviour or that a sale to that eligible household or tenant would not be in the interest of good estate management.]

C51

Reserved functions conferred (1.01.2002) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 45, S.I. No. 558 of 2001; as amended and inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(2) and (3), S.I. No. 214 of 2014.

Reserved functions.

131.—(1)( a) [Subject to section 131A, the elected council of a local authority or the members of a joint body shall] directly exercise and perform by resolution at a meeting of the local authority or body every function to which this section applies.

( b) The functions referred to in paragraph (a) shall be known as reserved functions of a local authority or of a joint body, as the case may be, and in this Act are referred to as “reserved functions”.

(2) This section applies to every function—

[( a) designated as a reserved function by any provision of the Local Government Acts 1925 to 2014 (including a designation by order under subsection (3)), a provision of any other Act that is to be construed together with those Acts, or as specified in Schedule 14 or, subject to section 131B(1), Schedule 14A,]

( b) designated as a reserved function by any provision of any other enactment relating to a local authority or joint body;

( c) expressly made exercisable by resolution under this Act or under any other enactment relating to a local authority or joint body which was enacted after the 13th day of June, 1940.

(3)( a) The Minister may by order designate a specified function of local authorities or joint bodies to be a reserved function and for so long as an order is in force the function is a reserved function.

( b) Any order made under subsection (2) of section 41 of the Local Government Act, 1991 , or continued in force by subsection (5) of that section shall continue in force as if made under this subsection and may be amended or revoked accordingly.

[( c) An order under paragraph (a) may provide that a specified function designated by such order to be a reserved function may be performed, or shall be performed, as provided in the order, in respect of each municipal district in the county or the city and county, as the case may be, by the municipal district members concerned, subject to the provisions of subsections (4) to (6) of section 131A.]

(4) Any reference to a reserved function in respect of a local authority or joint body in any enactment enacted before the commencement of this provision or to a function exercisable by resolution to which subsection (2)(c) applies shall be read as a reference to a reserved function for the purposes of this Act.

(5) For the purposes of this section “function” does not include a function relating to the employees of a local authority or joint body or the direction, supervision, service, remuneration or discipline of such employees or any of them, other than a function referred to in section 145(1) .

[ Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and

(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

(2)(a) In addition to the functions referred to in subsection (1), a local authority that is the council of a county or a city and county may, subject to paragraph (e), by resolution delegate with or without restrictions to the municipal district members for any municipal district in the area of the local authority any of its functions that may be performed by resolution and a function so delegated shall, accordingly, be performed in respect of each such municipal district in the administrative area of the local authority (or any part of such district) by the municipal district members concerned.

(b) A local authority may, following consultation with the municipal district members concerned, by resolution, revoke the delegation by it under this subsection of a function, but the revocation is without prejudice to anything previously done by virtue of the delegated function.

(c) A function shall not be delegated by a local authority in such a manner that, at the same time, it is exercisable—

(i) by a committee established under section 51, and

(ii) by municipal district members under this subsection.

(d) A resolution of a local authority delegating or revoking the delegation of a function to municipal district members shall not be treated as having been passed unless at least a half of the total number of members of the local authority concerned vote in favour of the resolution.

(e) A local authority shall not delegate any of its functions to which subparagraphs (i) to (iv) of section 51(2)(a) relates to the municipal district members.

(3) The functions, by virtue of subsection (2)(a), of municipal district members shall not be delegated by the municipal district members.

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

(5)(a) The Minister may make regulations specifying conditions, restrictions, procedures or other provisions to apply—

(i) generally in relation to the performance of functions to which subsections (1) and (2) relate,

(ii) specifically in relation to performance of one or more than one function to which any of those sections relate,

(iii) in relation to the delegation of functions or the revocation of a delegation of functions under subsection (2), or

(iv) in relation to a decision under subsection (4).

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may provide for any of the following:

(i) requirements for the purpose of ensuring that municipal district members performing functions do so in a manner consistent with the policies, strategies, programmes or plans of the local authority concerned;

(ii) requirements for the purpose of ensuring the avoidance of unnecessary duplication in the performance of functions between the municipal district members for each of the municipal districts in a local authority area or between the municipal district members and the local authority for that area;

(iii) that specified functions may not be delegated under subsection (2), or may only be delegated with the approval of the Minister;

(iv) that, in circumstances provided for in the regulations, a local authority may perform a specified delegated function in place of the municipal district members in a particular case or occasion;

(v) arrangements for the resolution of any difference or disagreement between a local authority and the municipal district members in relation to the performance of a function which is specified in paragraphs 5, 6 or 7 of Schedule 14 or Part 2 of Schedule 14A;

(vi) that a particular function set out in paragraphs 5, 6 or 7 of Schedule 14 or Part 1 or 2 of Schedule 14A shall only be performable in every instance by the local authority concerned;

(vii) provisions to determine whether a function specified in paragraph 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A should, in particular circumstances be performed by municipal district members or by the local authority.

(6) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this section (including any regulations made under it) and each local authority shall comply with any such guidelines.]

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

....

...

45

Adopting a purchase scheme applying to the sale of dwellings.

Section 90 (inserted by section 26 of the Housing (Miscellaneous Provisions) Act 1992) of the Housing Act 1966, as amended by section 183.

...

...

...

C52

Application of section restricted (22.12.1993) by Local Government (Dublin) Act 1993 (31/1993), s. 35 and sch. 3 part 1 para. 1(b) and 9, S.I. No. 400 of 1993.

Part I

Transfer of certain dwellings, etc., between principal authorities

1. ...

( b) In this Part “ section 90” means section 90 of the Housing Act, 1966 as substituted by section 26 of the Housing (Miscellaneous Provisions) Act, 1992

...

9. Section 12 of the Finance Act, 1895, section 83 of the Local Government Act, 1946 and section 90 shall not apply to any transfer under this Part.

C53

Application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 3(8)(a)(iii), S. I. No. 223 of 1992; section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, subject to transitional provision in s. 96, not commenced as of date of revision.

Granting of shared ownership leases by housing authorities, etc.

3. ...

(8) ( a) The following provisions shall not apply in relation to the granting of a shared ownership lease by a housing authority, that is to say: ...

(iii) section 90 of the Principal Act (as amended by this Act), except as may be provided for in regulations made under that section.

...

Editorial Notes:

E180

Power pursuant to subs. (7) exercised (19.12.2013) by Housing (Sale of Houses) (Amendment) Regulations 2013 (S.I. No. 507 of 2013).

E181

Power pursuant to subs. (7) exercised (27.11.2012) by Housing (Sale of Houses to Long-Standing Tenants) (Amendment) Regulations 2012 (S.I. No. 465 of 2012).

E182

Power pursuant to subs. (7) exercised (1.11.2012) by Housing (Sale of Houses) Regulations 2012 (S.I. No. 420 of 2012), in effect as per reg. 1(b).

E183

Power pursuant to subs. (7) section exercised (24.02.2011) by Housing (Sale of Houses to Long-standing Tenants) Regulations 2011 (S.I. No. 82 of 2011).

E184

Power pursuant to section exercised (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999).

E185

Power pursuant to section exercised (18.07.1995) by Housing (Sale of Houses) Regulations 1995 (S.I. No. 188 of 1995).

E186

Power pursuant exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E187

Previous affecting provision: subs. (4A) inserted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, S.I. No. 449 of 2009; deleted as per F-Note above.

E188

Previous affecting provision: subs. (6A) inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 15, S.I. No. 329 of 2002; deleted as per F-Note above.

E189

Previous affecting provisions: power pursuant exercised (31.03.1998) by Housing (Sale of Houses) Regulations, 1995 (Amendment) Regulations 1998 (S.I. No. 91 of 1998); revoked (28.07.1999) by Housing (Sale of Houses) (Amendment) Regulations 1999 (S.I. No. 248 of 1999).

E190

Previous affecting provision: application of subs. (3) restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 26(3), S.I. No. 223 of 1992; subsection deleted as per F-note above.

E191

Previous affecting provision: application of section extended (9.08.1979) by Housing (Miscellaneous Provision) Act 1979 (27/1979), s. 17(2), S. I. No. 276 of 1979; repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S. I. No. 223 of 1992.

E192

Previous affecting provision: application of section restricted (9.08.1979) by Housing (Miscellaneous Provision) Act 1979 (27/1979), s. 13, S. I. No. 276 of 1979; repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 23, S.I. No. 199 of 1988, subject to transitional provisions in subs. (2).

E193

Previous affecting provision: subs. (6)(a) repealed and regulation saving provision provided (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 276 of 1979, subject to continuation in force of regulations under certain conditions; section substituted as per F-Note above.

E194

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), art. 5 and sch. 1.

E195

Previous affecting provision: application of section restricted (16.05.1978) by Landlord and Tenant (Ground Rents) Act 1978 (7/1978), s. 4, commenced on enactment; repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S. I. No. 223 of 1992.

E196

Previous affecting provision: power pursuant to section exercised (1.07.1976) by Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations 1976 (S.I. No. 143 of 1976), in effect as per reg. 3; revoked (26.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980), art. 5 and sch. 1.

E197

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), art. 5 and sch. 1.

E198

Previous affecting provision: power pursuant to section exercised (9.03.1970) by Housing Authorities (Loan Charges Contributions and Management) Regulations 1967 (Amendment) Regulations 1970 (S.I. No. 42 of 1970); revoked (18.09.1974) by Housing Authorities (Borrowing and Management) Regulations 1974 (S.I. No. 276 of 1974), reg. 3 and sch. part II.

E199

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.

Recovery of payments in respect of purchase money.

91

91.Where—

( a) a special condition described in paragraph ( a) of section 89 of this Act applies as respects a dwelling, and

( b) any payment in respect of the purchase money is not made on the date on which it is required to be made under the condition,

the payment may be recovered by the housing authority as a simple contract debt in a court of competent jurisdiction.

Registration under Registration of Title Acts, 1891 and 1942 of ownership of dwellings sold or leased under section 90 of Act.

92

92. (1) Where a dwelling is sold or leased under section 90 of this Act and the registration of the ownership of the dwelling is not on the date of the sale or lease compulsory by virtue of any provision either of the Act of 1891 or the Land Purchase Acts, on and after such date the registration of the ownership of the dwelling shall be compulsory and the dwelling shall be deemed to be registered land within the meaning of the Act of 1891.

(2) Whenever a housing authority sell or lease a dwelling under the said section 90, the authority shall forthwith apply to the registering authority for the registration under the Act of 1891 of the ownership of the dwelling.

(3) The provisions of Part IV of the Act of 1891 shall have effect in relation to any dwelling which is purchased under this Chapter as if the dwelling were freehold registered land to which the said Part IV applies.

Annotations:

Editorial Notes:

E200

Provision for registration under section made (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rule 21(2), in effect as per rule 1.

Chapter III

Purchase of Certain Cottages under Act of 1936

Interpretation (Chapter III of Part VI) and saver.

93

93. (1) In this Chapter—

( a) the Act of 1950” means the Housing (Amendment) Act, 1950 (repealed by this Act);

( b) annuity” (except in section 101) has the same meaning as in the Act of 1936 and includes part of such annuity;

( c) cottage” means a cottage provided under the Labourers Acts, 1833 to 1962, and, save where the context otherwise requires, includes the plot (if any) provided with such cottage;

( d) purchase scheme” has the same meaning as it has for the purposes of the Act of 1936;

( e) qualified person” means a qualified person for the purposes of section 16 of the Act of 1936.

(2) Notwithstanding the repeal by this Act of section 26 of the Housing (Amendment) Act, 1958, the Act of 1936 together with section 1 and Part III of the Housing and Labourers Act, 1937, shall continue in force until such time as they are repealed or terminated.

Purchase of certain cottages under Act of 1936.

94

94. (1) Where a housing authority have provided a cottage before the 1st day of January, 1966, and the authority have not complied with the requirement of subsection (2) of section 12 of the Act of 1936 (repealed by this Act) in relation to the cottage, the authority shall, not later than twelve months after the commencement of this section, prepare and submit to the Minister a purchase scheme in relation to the cottage.

(2) The provisions of the Act of 1936 shall apply as respects any purchase scheme prepared and submitted to the Minister under this section in like manner as if the scheme had been prepared and submitted under that Act.

Restriction on applications under section 16 of Act of 1936.

95

95. (1) Section 16 of the Act of 1936 shall have effect subject to the following modifications:

( a) where a purchase scheme in relation to a cottage is in force immediately before the commencement of this section and no application in respect of the cottage has been sent to the housing authority under the said section 16, an application may be sent under that section if, but only if, it is so sent not later than eighteen months after the commencement of this section;

( b) where a purchase scheme in relation to a cottage comes into force on or after the commencement of this section, an application in respect of the cottage may be sent to the housing authority if, but only if, it is so sent not later than eighteen months after the commencement of this section or six months after the day on which the purchase scheme comes into force, whichever is the later.

(2) A housing authority shall inform each tenant of a cottage within their functional area of the application which may be sent to the authority by a qualified person and the period within which the application must be sent and each such tenant shall be so informed as soon as practicable after,

( a) in case the relevant purchase scheme is in force immediately before the commencement of this section—such commencement, or

( b) in case the relevant purchase scheme comes into force on or after the commencement of this section—the day on which the purchase scheme comes into force.

Cottages in urban areas.

96

96. (1) Where a cottage in respect of which an application may be sent under section 16 of the Act of 1936 comes within an urban area not more than eighteen months either before or after the commencement of section 94 of this Act, the housing authority to whom the application may be so sent shall not, within the period during which the application may be so sent, transfer the cottage to the housing authority for the urban area.

(2) The right of a person to send an application under section 16 of the Act of 1936 shall not in any way be affected by reason only of the fact that the cottage is at any time situate within an urban area.

(3) Where a cottage purchased under the Act of 1936 comes within an urban area, whether before or after the commencement of this section, all the provisions of the Act of 1936 shall continue to apply in relation to the cottage and the functions in relation to the cottage which could formerly be performed by the authority by whom the relevant vesting order under section 17 of the Act of 1936 was made shall thenceforth be performed by the housing authority for the urban area and in case the cottage came within an urban area before the commencement of this section, the said provisions shall be deemed to have continued to so apply and the said functions shall be deemed to have been so performable as and from the date on which the cottage came within the urban area.

(4) In this section, “ urban area” means a county or other borough or urban district.

Power to declare certain persons to be qualified persons.

97

97.Where, immediately before the commencement of this section, a cottage is let by a housing authority under section 24 of the Act of 1950, the following provisions shall have effect:

( a) the authority may declare that the person to whom the cottage was so let is a qualified person, and thereupon such person shall become a qualified person;

( b) the making of a declaration under this subsection shall be a reserved function.

Cottage or plot may be charged, mortgaged, subdivided or alienated.

98

98. (1) Notwithstanding sections 17 and 21 of the Act of 1936, and subject to the provisions of this section, any cottage, plot or part of a plot held with a cottage may be and shall be deemed always to have been capable, during the payment period in respect of the cottage, of being charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, with the consent of the relevant housing authority.

(2) Without prejudice to any other power in that behalf, a housing authority may withhold their consent to the alienation of a cottage if they are of opinion that—

( a) the person to whom it is intended to alienate the cottage is a person who is not in need of housing, or

( b) the alienation would, if effected, cause or be likely to cause the person intending to make the alienation or any of his dependants to be a person without adequate or suitable housing.

(3) Where a cottage which is subject to and charged with the future payment of an annuity is intended to be sold or transferred, the housing authority may, before consenting to the sale or transfer, require the annuity to be redeemed under section 99 of this Act.

(4) Where a plot or part of a plot held with a cottage which is subject to and charged with the future payment of an annuity is charged, mortgaged, subdivided or alienated otherwise than by devise or by operation of law, after the commencement of this section, the housing authority shall apportion the annuity in such manner as they consider appropriate, and in the case of a sale or a transfer the authority shall require to be redeemed under section 99 of this Act the part of the annuity apportioned by them in respect of the plot or the part of a plot.

(5) F72 [ ]

(6) In case any person, without the consent of a housing authority, attempts or purports to effect in relation to any cottage, plot or part of a plot held with a cottage, a charge, mortgage, subdivision or alienation as respects which the consent of a housing authority is required by this section or by a vesting order made under section 17 of the Act of 1936, such attempted or purported charging, mortgaging, subdivision or alienation shall be null and void against all persons; provided, however, that in any case where the consent of the authority is given after the attempted or purported charging, mortgaging, subdivision or alienation, such consent shall operate, if the authority so direct, to validate with retrospective effect, such attempted or purported charging, mortgaging, subdivision or alienation.

Annotations:

Amendments:

F72

Repealed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 276 of 1979.

Redemption of annuities.

99

99.An annuity at any time outstanding may, if the housing authority entitled to receive the annuity think fit, be redeemed by the person liable to pay the annuity by payment to the authority of such amount as may be approved by the Minister, and the premises, which but for this section would be subject to and charged with the payment of the annuity or the part, shall, on receipt by the authority of the amount so approved, stand freed and discharged from the payment of the annuity.

Act of 1936 wholly or otherwise to cease to apply in certain circumstances.

100

100. (1) Where—

( a) a cottage, plot or part of a plot held with a cottage, subject to and charged with the future payment of an annuity is either alienated, or is acquired by the housing authority to whom, before the acquisition, the annuity was required to be paid, or

( b) an annuity is redeemed under section 99 of this Act,

all the provisions of the Act of 1936, including the statutory conditions which but for this subsection would continue to apply in respect of the cottage, plot or part of a plot during the payment period shall, in case the cottage, plot or part of a plot is so acquired or the annuity, as respects the cottage, plot or part of a plot is redeemed in full, cease so to apply, or in any other case, cease so to apply to such extent as the housing authority may, by order, determine.

(2) In this section, “ statutory conditions” and “ payment period” have the same meanings as in section 17 of the Act of 1936.

Provisions as respects amount of annuities.

101

101. (1) Notwithstanding anything contained in the Act of 1936 or in a purchase scheme, the provisions of subsection (2) of this section shall have effect.

(2) Where the rent of a cottage is revised, whether before or after the commencement of this section, otherwise than on account of any change in the amount of the municipal or county rate, or otherwise than on account of the provisions of a scheme providing for graded or differential rents, the following provisions shall apply:

( a) the amount of the terminable annuity to be paid in respect of the cottage as the consideration for the purchase thereof shall be the amount (in this section referred to as the revised amount) which bears the same proportion to the yearly amount payable in respect of such rent, when so revised, as the amount of the terminable annuity specified in the relevant purchase scheme bears to the amount which was payable annually as respects such rent when the purchase scheme came into force, and

( b) the amount of the terminable annuity specified in the relevant purchase scheme shall, for the purposes of the Act of 1936, be deemed to be equal to the revised amount.

Annotations:

Modifications (not altering text):

C54

Reference to a county rate construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 34, S.I. No. 214 of 2014.

References to county rate

34. Except where the contrary intention appears from this Act, a reference however expressed in any enactment to a county rate (being a county rate to which section 12 of the Local Government Act 1946 relates) shall, if the context permits, be read as a reference to a rate in respect of a county council or a city and county council.

Amendment of certain provisions of, and validation of certain orders under, Act of 1936.

102

102. (1) The Act of 1936 shall be amended as follows:

( a) paragraph ( d) of subsection (2) of section 17 is hereby amended by the insertion of the following subparagraph after subparagraph (vi):

“(via) that subject to the provisions of subparagraph (iii) of this paragraph, the cottage shall be occupied as his normal place of residence by a person who is a person mentioned in subparagraph (ii) of this paragraph,”;

( b) in section 24—

(i) or if during such period the cottage for a continuous period of more than eighteen months, is not occupied as his normal place of residence by a person mentioned in subparagraph (ii) of paragraph ( d) of subsection (2) of section 17 of this Act, ” is hereby inserted before “such board of health may” in subsection (1);

(ii) any other grounds” is hereby substituted for “failure to comply with any other statutory condition” in subparagraph (ii) of paragraph ( b) of subsection (2);

(iii) the following is hereby substituted for subsection (3):

“(3) Notwithstanding subsection (2) of this section, upon the hearing of an application under subsection (1) of this section the justice of the District Court hearing the application may—

( a) in case he is satisfied that the notice required by this section has been duly given and that a statutory condition mentioned in the notice has not been complied with, or

( b) in case he is satisfied that, for a continuous period of more than eighteen months during the payment period in respect of a cottage, the cottage has not been occupied as his normal place of residence by a person mentioned in subparagraph (ii) of subsection (2) of section 17 of this Act and on an undertaking by the applicant to pay to the person in whom, on the date of the application, the cottage is vested an amount approved by the Minister, being not less than the value of the aggregate of the moneys which have been received by the applicant towards the consideration for the purchase of the cottage to which the application relates,

issue the warrant.”;

(iv) in subsection (4), “ sections 86 and 87” is hereby substituted for “section 86”, where that reference first occurs and “ subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a cottage cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to ‘ the owner’ without naming him ” is hereby inserted after “this section.”

(v) and thereupon the cottage shall for all purposes be deemed to be a dwelling provided under the Housing Act, 1966 ” is hereby inserted after “fee simple” in paragraph ( b) of subsection (5);

(vi) the following is hereby inserted after subsection (5):

“(6) Upon the hearing of an application under subsection (1) of this section it shall be presumed, until the contrary is proved, that, for a continuous period of more than eighteen months during the payment period in respect of the cottage, the cottage has not been occupied as his normal place of residence by a person mentioned in the said subparagraph (ii).”

( c) in section 27—

(i) notwithstanding that the annuity relating to the cottage has been redeemed or has otherwise ceased to be payable, ” and “ (in this section referred to as the consolidated holding)” are hereby inserted after “the Irish Land Commission may” and “one holding” respectively in subsection (1);

(ii) the following is hereby inserted after subsection (1):

“(1A) Subject to subsection (2) of this section, the making of a consolidating order shall operate to transfer to the relevant consolidated holding every estate, interest, right, burden, charge (including an annuity payable under this Act, a purchase annuity payable under the Land Purchase Acts or a reclamation annuity within the meaning of the Land Reclamation Act, 1949), liability or equity which immediately before the date of consolidation, was charged upon, attached to or otherwise affected the cottage or holding to which the declaration in the order relates, and any such charge so transferred shall be deemed always to have been charged on the consolidated holding and the amount of the charge shall continue to be recoverable in the manner and with the priority in and with which it could have been recovered before the order was made.”;

(iii) the following is hereby inserted after subsection (2):

“(3) The registering authority under the Act of 1891 shall, on the application of the Irish Land Commission, register the ownership of the consolidated holding and shall make such changes in the appropriate register as appear to him to be necessary”;

( d) paragraph ( d) of section 29 is hereby amended by the insertion of “ addressing it to ‘ the owner’, without naming him and ” before “delivering” and by the substitution of “ or” for “or by”.

(2) Notwithstanding subsection (2) of section 17 of the Act of 1936, an order made under subsection (1) of that section and expressed to vest a cottage in a person in fee simple on a day being not later than the 31st day of December, 1964, shall be deemed never to have failed to operate to vest the cottage by reason only of the fact that the vesting day expressed in the order is a day other than the gale day which next followed the date of the order.

(3) F73 [ ]

(4) Paragraph ( a) of subsection (1) of this section shall be deemed to have come into operation on the 29th day of June, 1936, and every order under section 17 of the Act of 1936 and made before the commencement of this section shall be deemed to have expressed and shall operate and shall be deemed always to have operated to apply the provisions contained in the amendment effected by the said paragraph ( a).

Annotations:

Amendments:

F73

Repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988.

Amendment of section 46 of Land Act, 1923.

103

103. Section 46 of the Land Act, 1923, shall be construed as if the references to the original holding included references to a cottage in respect of which an annuity has been fully paid, or has been redeemed under section 3 of the Labourers Act, 1965, or section 99 of this Act.

Amendment of sections 6 and 7 of Land Act, 1946.

104

104. Sections 6 and 7 of the Land Act, 1946, shall each be construed as if the references to the original holding included references to a cottage.

Saver.

105

105.Nothing in this Chapter shall be construed as enabling a housing authority to make a purchase scheme in relation to any of the following:

( a) a cottage in relation to which a special contribution within the meaning of section 44 of this Act is made by the Minister to the authority;

( b) a cottage containing two or more separate tenements;

( c) a cottage situate on state land (other than state land to which the housing authority have, within six months after the commencement of this section, become the owner in fee simple);

( d) a cottage which, immediately before the commencement of this section, was appropriated under section 3 of the Housing (Amendment) Act, 1942 (repealed by this Act);

( e) a cottage in relation to which subsection (1) of section 34 of the Act of 1948 would apply but for section 6 of this Act;

( f) a cottage provided under section 24 of the Act of 1950 other than a cottage in relation to which a declaration is made either under subsection (3) of the said section 24 or section 97 of this Act.

Chapter IV

Miscellaneous

Duty of housing authority to put certain cottages and dwellings into good structural condition.

106

106. F74 [ ]

Annotations:

Amendments:

F74

Repealed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(1) and sch., S.I. No. 276 of 1979.

Editorial Notes:

E201

Previous affecting provision: existing regulations carried forward under certain conditions (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 23(3) and sch., S.I. No. 276 of 1979; no regulations remain in force.

E202

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), art. 5 and sch. 1.

E203

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.

Recovery of possession in certain circumstances of houses and dwellings sold or leased by housing authority.

107

107. (1) If during the payment period—

( a) the owner of a house sold or leased under section 11 of the Housing (Ireland) Act, 1919, cannot be found or ascertained,

( b) a special condition applying as respects a dwelling is not complied with, or

( c) the owner of a dwelling sold or leased under section 90 of this Act cannot be found or ascertained,

the housing authority may (without prejudice to any other method of recovering possession) subject to the provisions of this section, apply to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for the issue of a warrant under this section.

(2) Before making an application under subsection (1) of this section in relation to the non-compliance with a special condition applying as respects a dwelling, the housing authority shall give to the owner of the dwelling not less than twenty-one days' notice in writing of their intention to make the application and every such notice shall state the grounds on which the application is to be based.

(3) Upon the hearing of an application under subsection (1) of this section grounded upon non-compliance with the special condition mentioned in paragraph ( b) of section 89 of this Act, it shall be presumed, until the contrary is proved, that the condition has not been complied with.

(4) Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall—

( a) in case he is satisfied that the notice required by this section has been duly given and that a special condition mentioned in the notice has not been complied with, or

( b) in case he is satisfied that the owner of the house or dwelling cannot by reasonable enquiry be found or ascertained and on an undertaking being given by the authority in accordance with subsection (7) of this section,

issue the warrant.

(5) The provisions of sections 86, 87 and 88 of the Act of 1860 shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection (1) of this section, the name of the owner of a house or dwelling cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the owner” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.

(6) Whenever a warrant is issued under this section and a housing authority recover possession of a house or dwelling by virtue of the warrant, the following provisions shall have effect:

( a) all the estate, right, interest and title of the person to whom the house or dwelling was leased or sold, and any other person claiming through or under him shall vest in the authority without any conveyance or transfer and thereupon the house or dwelling shall for all purposes be deemed to be a dwelling provided under this Act;

( b) all the terms or conditions, including any special condition, applied to the dwelling by virtue of this Part shall cease to apply thereto.

(7) In a case in which the owner cannot be found or ascertained, the housing authority may, at the hearing of an application under subsection (1) of this section, give to the court, as respects the relevant house or dwelling, an undertaking in writing to pay in accordance with an order of the court under subsection (8) of this section the appropriate amount or part thereof together with interest F75 [ at the rate at which on the date of the undertaking the authority could borrow from the Housing Finance Agency for the purposes of house purchase loans which are subject to a variable interest rate ], and calculated as respects the period beginning on the date of the undertaking and ending either on the date of the direction of the court under the said subsection (8) or twelve years after such date, whichever is the earlier.

(8) Any person who, but for the provisions of subsection (6) of this section, would be entitled to all or part of the estate, right, interest and title in a house or dwelling mentioned in subsection (1) of this section and as respects which an undertaking is given under subsection (7) of this section, may make an application to the justice of the District Court having jurisdiction in the district court district in which the house or dwelling is situate for an order under this subsection and on the hearing of the application the justice may, if satisfied that the applicant would, but for the provisions of the said subsection (6) be entitled as aforesaid, order the payment to the applicant by the housing authority by whom an undertaking under the said subsection (7) was given of the appropriate amount and interest, or so much thereof as he shall in the particular circumstances of the case consider appropriate.

(9) In this section—

the appropriate amount” means the value of the aggregate of any moneys paid to a housing authority in respect of the sale or lease by the authority of a house or dwelling mentioned in subsection (1) of this section and in relation to which the application is brought under subsection (8) of this section;

cottage” means a cottage within the meaning of section 93 of this Act;

payment period” means the period for payment to the housing authority of purchase or other money or of rent in respect of the relevant house or dwellings;

special condition” means a special condition within the meaning of section 89 of this Act.

Annotations:

Amendments:

F75

Substituted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 1 item 2, S.I. No. 449 of 2009.

Modifications (not altering text):

C55

Application of section restricted (19.08.1988) by Housing Act 1988 (28/1988), s. 17(3), S.I. No. 199 of 1988.

Mortgage of houses sold or leased by housing authorities.

17.— ...

(3) Notwithstanding section 107 of the Principal Act, a housing authority shall, before making an application for a warrant under subsection (1) of that section in respect of a house sold or leased by them, give to a mortgagee in whose favour a mortgage on the house has been effected not less than two months’ notice in writing of the authority’s intention to make the application, and every such notice shall state the grounds on which the application is to be based.

Capital money.

108

F76 [ 108. Capital money arising from the disposal of land under this Part of this Act shall be applied for a purpose approved of by the Minister. ]

Annotations:

Amendments:

F76

Substituted (19.08.1988) by Housing Act 1988 (28/1988), s. 22, S. I. No. 199 of 1988

F77

Repealed by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, not commenced as of date of revision, subject to exception in s. 6.

Modifications (not altering text):

C56

Section repealed by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, not commenced as of date of revision.

108. F77 [ ]

PART VII

Exercise and Default in Exercise of Functions under this Act

Exercise by housing authority of functions under this Act outside functional area.

109

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:

E204

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.

E205

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.

Committees.

110

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).

Failure of housing authority as respects performance of functions under Act.

111

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

Provision of technical assistance.

112

112.A housing authority may provide technical assistance to persons purchasing or otherwise providing sites or reconstructing, enlarging, improving, purchasing or otherwise providing dwellings.

Power to provide prizes or other incentives for the maintenance of houses, etc.

113

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.

Conditions to be complied with on letting of house for habitation.

114

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.

Prohibition on persons interested voting as members of housing authority or certain committees.

115

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.

Prosecutions and offences.

116

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.

Power of authorised person to enter on land.

117

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:

E206

The maximum fine of £1,000 appears to be 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 appears to be 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.

Certain dwellings to be deemed to be provided under this Act.

118

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.

Small dwellings.

119

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.

Amendment of Housing of Working Classes Act, 1890.

120

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.

Savings.

121

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.

FIRST SCHEDULE

Repeals

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.