Family Home Protection Act 1976


Number 27 of 1976


FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 December 2016


This Revised Act is an administrative consolidation of Family Home Protection Act 1976. 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 National Tourism Development Authority (Amendment) Act 2016 (14/2016), enacted 16 November 2016, and all statutory instruments up to and including Enterprise Ireland Superannuation Scheme 2016 (S.I. No. 596 of 2016), made 1 December 2016, 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 27 of 1976


FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 December 2016


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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1997, 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)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

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

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

Nursing Homes Support Scheme Act 2009 (15/2009)

Civil Liability and Courts Act 2004 (31/2004)

Courts and Court Officers Act 2002 (15/2002)

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

Planning and Development Act 2000 (30/2000)

Finance Act 1998 (3/1998)

Family Law (Divorce) Act 1996 (33/1996)

Domestic Violence Act 1996 (1/1996)

Civil Legal Aid Act 1995 (32/1995)

Family Law Act 1995 (26/1995)

Consumer Credit Act 1995 (24/1995)

Courts Act 1991 (20/1991)

Judicial Separation and Family Law Reform Act 1989 (6/1989)

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

Family Law Act 1981 (22/1981)

Family Law (Protection of Spouses and Children) Act 1981 (21/1981)

Courts Act 1981 (11/1981)

All Acts up to and including National Tourism Development Authority (Amendment) Act 2016 (14/2016), enacted 16 November 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Registration of Deeds Rules 2008 (S.I. No. 52 of 2008)

All statutory instruments up to and including Enterprise Ireland Superannuation Scheme 2016 (S.I. No. 596 of 2016), made 1 December 2016, were considered in the preparation of this revision.


Number 27 of 1976


FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 December 2016


ARRANGEMENT OF SECTIONS

Acts Referred to

Statute of Limitations, 1957

1957, No. 6.

Conveyancing Act, 1882

1882, c. 39.

Married Women's Status Act, 1957

1957, No. 5.

Guardianship of Infants Act, 1964

1964, No. 7.

Family Law (Maintenance of Spouses and Children) Act, 1976

1976, No. 11.

Registration of Deeds Act, 1707

1707, c. 2.

Registration of Title Act, 1964

1964, No. 16.


Number 27 of 1976


FAMILY HOME PROTECTION ACT 1976

REVISED

Updated to 1 December 2016


AN ACT TO PROVIDE FOR THE PROTECTION OF THE FAMILY HOME AND FOR RELATED MATTERS. [12 th July, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

Editorial Notes:

E1

Rights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 117(4)(a), S.I. No. 356 of 2009.

E2

Proceedings under Act are eligible for civil legal aid as provided (11.10.1996) by Civil Legal Aid Act 1995 (32/1995), s. 28(9)(c)(i), S.I. No. 272 of 1996.

E3

Court may give directions to obtain a written report on any questions affecting the welfare of a party to the proceedings or any other person to whom the proceedings relate, including proceedings under this Act, as provided (1.08.1996) by Family Law Act 1995 (26/1995), s. 47(1) and s. 47(6)(e), S.I. No. 46 of 1996.

E4

Right of creditor to send written communications to spouse of consumer for purposes of compliance with Act prescribed (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 45(3)(a), S.I. No. 121 of 1996.

E5

Proceedings under Judicial Separation and Family Law Reform Act 1989, Part III included in definition of “family law proceedings” (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 30, commenced as per s. 46(2).

E6

Circuit Court to be known as the Circuit Family Court when exercising its jurisdiction to hear and determine family law proceedings as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 31(1), commenced as per s. 46(2).

E7

Circuit Family Court to hear and determine proceedings instituted under Act at different places, times or days to ordinary sittings of Circuit Court as provided (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 32, commenced as per s. 46(2).

E8

Conduct of family proceedings in District Court, Circuit Family Court and High Court required to be informal (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), ss. 33 and 45, commenced as per s. 46(2).

E9

Surrender of dwelling deemed a conveyance for purposes of Act (26.07.1982) by Housing (Private Rented Dwellings) Act 1982 (6/1982), s. 10(2), S.I. No. 216 of 1982.