Housing (Miscellaneous Provisions) Act 1979

Housing (Miscellaneous Provisions) Act 1979


Number 27 of 1979


HOUSING (MISCELLANEOUS PROVISIONS) ACT 1979

REVISED

Updated to 12 September 2018


This Revised Act is an administrative consolidation of the Housing (Miscellaneous Provisions) Act 1979. It is prepared by the Law Reform Commission in accordance with its function under the 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 Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018), made 12 September 2018, 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 1979


HOUSING (MISCELLANEOUS PROVISIONS) ACT 1979

REVISED

Updated to 12 September 2018


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 1982, 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

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

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

Finance Act 2002 (5/2002)

Finance Act 2000 (3/2000)

Finance Act 1999 (2/1999)

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

Finance Act 1998 (3/1998)

Taxes Consolidation Act 1997 (39/1997)

Finance Act 1997 (22/1997)

Finance Act 1996 (9/1996)

Finance Act 1995 (8/1995)

Finance Act 1994 (13/1994)

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

Building Societies Act 1989 (17/1989)

Housing Act 1988 (28/1988)

Local Loans Fund (Amendment) Act 1987 (19/1987)

Finance Act 1981 (16/1981)

Building Societies (amendment) Act 1980 (31/1980)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Domestic Lead Remediation (Financial Assistance) Regulations 2016 (S.I. No. 56 of 2016)

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), Regulations 2007 (S.I. No. 670 of 2007)

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

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

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

Housing (Transfer of Functions) Order 1995 (S.I. No. 36 of 1995)

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

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

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

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

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

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 (Miscellaneous Provisions) Act, 1979 (Commencement) Order 1980 (S.I. No. 297 of 1980)

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

Housing (Miscellaneous Provisions) Act, 1979 (Commencement) Order 1979 (S.I. No. 276 of 1979)

All statutory instruments up to and including Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018), made 12 September 2018, were considered in the preparation of this revision.


Number 27 of 1979


HOUSING (MISCELLANEOUS PROVISIONS) ACT 1979

REVISED

Updated to 12 September 2018


ARRANGEMENT OF SECTIONS


Number 27 of 1979


HOUSING (MISCELLANEOUS PROVISIONS) ACT 1979

REVISED

Updated to 12 September 2018


AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1970, AND TO PROVIDE FOR CERTAIN OTHER MATTERS IN RELATION TO HOUSING. [1 st August, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

References to “housing authority” construed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1) as 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.

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; ]

...

Interpretation.

1

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

building society” means a society incorporated under the Building Societies Act, 1976;

certificate of reasonable value” means a certificate granted under section 18 of this Act;

house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and “ housing” shall be construed accordingly;

improvement works”, in relation to a house, includes the provision and installation of a private water supply or private sewerage facilities in the house and any works carried out to the house (whether for the purpose of extending, enlarging, improving, repairing or converting it) that, in the opinion of the Minister, are reasonably necessary for the purpose of rendering the house more suitable for human habitation, but does not include decoration;

the Principal Act” means the Housing Act, 1966.

(2) References in the Principal Act, as amended, to a grant, loan or contribution under that Act shall be construed as including references respectively to a grant, loan or subsidy under this Act.

Devolution of administration of housing grants.

2

2. (1) The Minister may, subject to such regulations as may be made by the Minister for the purposes of this section, authorise designated housing authorities to discharge on his behalf the function of paying grants of one or more, as may be specified in the regulations, of the kinds of grants that the Minister is empowered to pay under the Principal Act or this Act.

(2) Before making regulations under this section, the Minister shall consult with the Minister for Finance and the Minister for the Public Service and with a housing authority affected by the regulations.

(3) Regulations under this section may contain such provisions as the Minister considers necessary or expedient for the purposes of the section, including provisions in relation to the liability for payment of administrative costs incurred by a housing authority under the section.

Grants by Minister for expenses of certain bodies.

3

3. F1 [ ]

Annotations:

Amendments:

F1

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

Editorial Notes:

E1

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

E2

Previous affecting provision: subs. (2) substituted (19.08.1988) by Housing Act 1988 (28/1988), s. 24, S.I. No. 199 of 1988; substituted as per E-note above.

Grants by Minister for provision of new houses.

4

4. (1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay, out of moneys provided by the Oireachtas, a grant to a person providing a new house where—

( a) in case the person purchases the house, a contract for the purchase was not made before the 27th day of May, 1977, and

( b) in case the person builds the house, the foundations were not completed before the 27th day of May, 1977.

(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:

( a) the amount of a grant,

( b) the total floor area of a house the subject of a grant, measured in such manner as may be determined by the Minister from time to time,

( c) a requirement that, where a house is provided for sale within the meaning of section 18 of this Act, a grant shall not be paid in respect of the house unless a certificate of reasonable value is granted under that section in respect of such sale and the conditions subject to which the certificate is granted are complied with,

( d) the occupation of the house,

( e) a requirement that the person to whom the grant is paid or the spouse of such person, either separately or with each other, has not previously purchased or built for his or their own occupation another house,

( f) requirements in relation to the financial and family circumstances of the person to whom the grant is paid, and

( g) requirements in relation to the payment of any other grant or subsidy in respect of the house under any enactment (including this Act).

(3) A grant shall not be paid under this section unless the house the subject of the grant complies with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

(4) Where a house is damaged by fire, explosion or act of God and, in the opinion of the Minister, it would be more reasonable for the owner of the house to provide a new house than to carry out all necessary improvement works to the first-mentioned house and refusal by the Minister to pay a grant under this section in respect of the provision of the new house would cause undue hardship to the owner or his spouse, the Minister may, with the consent of the Minister for Finance, notwithstanding that a requirement of a regulation under this section in relation to matters specified in subsection (2) (e) of this section has not been complied with, pay a grant under this section in respect of such provision if a grant would otherwise fall to be so paid.

F2 [ (5) Where

( a ) a person providing a new house is a person

(i) whose F3 [ marriage or civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] has been dissolved or annulled by order of a court of competent jurisdiction, or

(ii) who is separated from F3 [ his or her spouse or civil partner ] under an order of such court or by deed of separation,

and

( b ) the need of that person and his dependents (if any) for housing has been established to the satisfaction of the Minister, and

( c ) refusal by the Minister to pay a grant under this section in respect of the provision of the new house would, in the opinion of the Minister, having regard to such circumstances as he considers appropriate, including any contribution made by the other spouse F4 [ or civil partner ] , cause undue hardship to that person or his dependents,

the Minister may, notwithstanding that a requirement in relation to matters specified in subsection (2) (e) of this section has not been complied with, pay a grant under this section if, but for such non-compliance, a grant would fall to be so paid. ]

Annotations:

Amendments:

F2

Inserted (16.02.1990) by Housing Act 1988 (28/1988), s. 25, S.I. No. 33 of 1990.

F3

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 3 item 9(a), (b), S.I. No. 648 of 2010.

F4

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. part 3 item 9(c), S.I. No. 648 of 2010.

F5

Repealed by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 4 and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 4 and sch. 1, not commenced as of date of revision.

4. F5 [ ]

Editorial Notes:

E3

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).

E4

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).

E5

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).

E6

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).

E7

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).

E8

Power pursuant to section exercised (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990).

E9

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.

E10

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

E11

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E12

Previous affecting provision: power pursuant to section exercised (13.12.1990) by Housing (New House Grants Etc.) (Amendment) Regulations 1990 (S.I. No. 301 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.

E13

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), reg. 3 and sch. 1.

E14

Previous affecting provision: power pursuant to section exercised (27.01.1981 and 2.02.1981) 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), reg. 3 and sch. 1.

Grants by Minister for improvement of houses.

5

5. (1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay, out of moneys provided by the Oireachtas, a grant to a person (including a housing authority) carrying out improvement works to a house.

(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the following:

( a) the amount of a grant,

( b) requirements in relation to the suitability of the house concerned for improvement,

( c) the occupation of the house,

( d) requirements in relation to the type and purpose of the improvement works,

( e) requirements in relation to the financial and family circumstances of the person to whom the grant is paid, and

( f) requirements in relation to the payment of any other grant or subsidy in respect of the house under any enactment (including this Act).

(3) A grant shall not be paid under this section unless the house the subject of the grant, upon completion of the works concerned, complies with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

Annotations:

Modifications (not altering text):

C3

Functions transferred and references construed (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3(1) are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

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 (1)

Short Title (2)

Provision (3)

...

...

...

No. 27 of 1979

Housing (Miscellaneous Provisions) Act 1979

Sections 5(1), 6(1), (2) and (5), 7(1), 11(1)(a) and (2)(a)

...

...

...

Editorial Notes:

E15

Power pursuant to section exercised (5.02.2016) by Domestic Lead Remediation (Financial Assistance) Regulations 2016 (S.I. No. 56 of 2016).

E16

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.

E17

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).

E18

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

E19

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

E20

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

E21

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

E22

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

E23

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

E24

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

E25

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E26

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.

E27

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.

Grants and other assistance by housing authorities for provision of new houses and improvement of houses.

6

6. (1) A housing authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a grant to a person providing a new house or carrying out improvement works to a house.

(2) A housing authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, make a contribution in kind (whether by way of building materials or labour or any other contribution) to a person in respect of improvement works which are being carried out by the person.

(3) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the matters referred to in sections 4 (2) and 5 (2) of this Act.

(4) Regulations under this section, insofar as they relate to a grant paid by a housing authority in respect of a house for which a grant has previously been paid by the Minister for the Gaeltacht, shall not be made without the consent of that Minister.

(5) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, contribute, out of moneys provided by the Oireachtas, to any expenditure incurred by a housing authority under this section.

(6) A grant shall not be paid, or other assistance given, under this section by a housing authority unless the house or works the subject of the grant or assistance complies or comply on completion with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

(7) A housing authority may impose, in relation to the payment of a grant or the giving of other assistance by them under this section, such conditions as they think fit.

(8) F6 [ ]

Annotations:

Amendments:

F6

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

Modifications (not altering text):

C4

Functions transferred and references construed (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3(1) are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

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 (1)

Short Title (2)

Provision (3)

...

...

...

No. 27 of 1979

Housing (Miscellaneous Provisions) Act 1979

Sections 5(1), 6(1), (2) and (5), 7(1), 11(1)(a) and (2)(a)

...

...

...

C5

Certain functions transferred (1.03.1995) by Housing (Transfer of Functions) Order 1995 (S.I. No. 36 of 1995), in effect as per art. 2.

3. The functions of the council of the county of Sligo as respects section 6 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), and sections 2 to 4 and sections 6 and 7 of the Housing (Miscellaneous Provisions) Act, 1992, are, in the case of the borough of Sligo, hereby transferred to the Mayor, Aldermen and Burgesses of Sligo.

4. The Mayor, Aldermen and Burgesses of Sligo shall, as respects the said borough, perform the functions hereby transferred separately from the functional area of the council of the county of Sligo.

5. (1) Expenses in relation to the performance of the functions hereby transferred shall be defrayed out of the municipal fund of the borough of Sligo.

(2) In this article “municipal fund” has the meaning assigned to it by the Local Government Act, 1946 (No. 24 of 1946).

...

Editorial Notes:

E28

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.

E29

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

E30

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

E31

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E32

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.

Grants by Minister for housing of elderly persons and others.

7

7. F7 [ (1) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a grant to a body, approved of by the Minister for the purposes of this section, in respect of the provision (whether by erection, purchase, improvement or conversion works), of one or more than one house for the accommodation of elderly persons or such other class or classes of persons as may be specified in the regulations, or for the accommodation, as his normal place of residence, in the house or houses or within the precincts thereof, of a person providing welfare or caretaker services for such persons or such class or classes of persons. ]

(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any one or more of the matters referred to in sections 4 (2) and 5 (2) of this Act.

(3) A grant shall not be paid under this section unless the house or works the subject of the grant complies or comply on completion with such conditions, if any, as may be determined by the Minister from time to time for the purposes of this section in relation to standards of construction of houses and the provision of water, sewerage and other services therein.

Annotations:

Amendments:

F7

Substituted (16.02.1990) by Housing Act 1988 (28/1988), s. 26, S.I. No. 33 of 1990.

Modifications (not altering text):

C6

Functions transferred and references construed (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3(1) are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

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 (1)

Short Title (2)

Provision (3)

...

...

...

No. 27 of 1979

Housing (Miscellaneous Provisions) Act 1979

Sections 5(1), 6(1), (2) and (5), 7(1), 11(1)(a) and (2)(a)

...

...

...

Editorial Notes:

E33

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).

E34

Power pursuant to section exercised (16.02.1990) by Housing (New House Grants Etc.) Regulations 1990 (S.I. No. 34 of 1990).

E35

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

Loans by housing authorities for improvement of houses.

8

8. F8 [ ]

Annotations:

Amendments:

F8

Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S.I. No. 223 of 1992.

Editorial Notes:

E36

Previous affecting provision: power pursuant to section exercised (7.02.1992) by Housing Regulations, 1980 (Amendment) Regulations 1992 (S.I. No. 30 of 1992); enabling section repealed as per F-note above.

E37

Previous affecting provision: power pursuant to section exercised (9.11.1989) by Housing (Improvement Grants) Regulations 1989 (S.I. No. 290 of 1989); enabling section repealed as per F-note above, but SI also made under s. 5 and remains in force.

E38

Previous affecting provision: power pursuant to section exercised (4.12.1987) by Housing Regulations, 1980 (Amendment) Regulations 1987 (S.I. No. 301 of 1987); enabling section repealed as per F-note above, but SI also made under Housing Act 1966 (21/1966) and remains in force.

E39

Previous affecting provision: power pursuant to section exercised (25.11.1986) by Housing Regulations, 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986); enabling sections repealed including as per F-note above.

E40

Previous affecting provision: power pursuant to section exercised (8.07.1985) by Housing Regulations, 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985); enabling sections repealed including as per F-note above.

E41

Previous affecting provision: power pursuant to section exercised (16.06.1982) by Housing Regulations, 1980 (Amendment) Regulations 1982 (S.I. No. 177 of 1982); enabling section repealed as per F-note above, but SI also made under ss. 4, 6 and 18 and remains in force.

E42

Previous affecting provision: power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980); enabling section repealed as per F-note above, but SI also made under other sections of this Act and remains in force.

Subsidies by Minister to housing authorities for provision of sites for private housing.

9

9. F9 [ ]

Annotations:

Amendments:

F9

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

Editorial Notes:

E43

Previous affecting provision: power pursuant to section exercised (25.11.1986) by Housing Regulations, 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986); enabling sections repealed including as per F-note above.

E44

Previous affecting provision: power pursuant to section exercised (27.01.1981 and 2.02.1981) 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), reg. 3 and sch. 1.

E45

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980); enabling section repealed as per F-note above, but SI also made under other sections of this Act and remains in force.

Subsidies by Minister for houses provided by housing authorities for letting.

10

10. F10 [ ]

Annotations:

Amendments:

F10

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

Editorial Notes:

E46

Previous affecting provision: subs. (6) repealed (9.11.1987) by Local Loans Fund (Amendment) Act 1987 (19/1987), s. 3, commenced on enactment; section repealed as per F-note above.

E47

Previous affecting provision: power pursuant to section exercised (25.11.1986) by Housing Regulations, 1980 (Amendment) Regulations 1986 (S.I. No. 386 of 1986); enabling sections repealed including as per F-note above.

E48

Previous affecting provision: power pursuant to section exercised (8.07.1985) by Housing Regulations, 1980 (Amendment) Regulations 1985 (S.I. No. 223 of 1985); enabling sections revoked including as per F-note above.

E49

Previous affecting provision: power pursuant to section exercised (27.01.1981 and 2.02.1981) 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), reg. 3 and sch. 1.

E50

Previous affecting provision: power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980); enabling section repealed as per F-note above, but SI also made under other sections of this Act and remains in force.

Subsidies by Minister and housing authorities for purchase or construction of houses.

11

11. (1) ( a) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a subsidy to a housing authority out of moneys provided by the Oireachtas where the authority—

(i) make a loan under section 39 of the Principal Act, or

(ii) sell a house under section 90 of the Principal Act to a person who is not the tenant of the house in a case in which the purchase money is payable by instalments.

( b) Where the Minister pays a subsidy under this subsection to a housing authority, the authority shall reduce the amount of the relevant repayments of the loan concerned or the relevant instalments of the purchase money concerned, as the case may be, by amounts the total of which is equal to the amount of the subsidy.

(2) ( a) Where a housing authority—

(i) make a loan under section 39 of the Principal Act, or

(ii) sell a house under section 90 of the Principal Act to a person who is not the tenant of the house and the purchase money is payable by instalments,

the authority may, with the consent of the Minister and the Minister for Finance and subject to such regulations as may be made by the Minister for the purposes of this section, pay a supplementary subsidy not exceeding the amount of a subsidy under subsection (1) of this section to the person to whom the loan is made or the house is sold, as the case may be, in respect of expenditure incurred by him in relation to the transaction to which the loan or sale relates.

( b) A subsidy under this subsection shall be paid by means of a reduction of the relevant repayments of the loan concerned or the relevant instalments of the purchase money concerned, as the case may be, by amounts the total of which is equal to the amount of the subsidy.

(3) Regulations under this section may, in particular, but without prejudice to the generality of subsections (1) and (2) of this section, make provision in relation to all or any one or more of the following:

( a) the amount of a subsidy under subsection (1) of this section,

( b) the prohibition of the payment of a subsidy under this section to a person to whom, or to whose spouse F11 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], a subsidy under this section has previously been paid,

( c) a requirement that upon—

(i) the sale of a house by a person to whom a loan or sale specified in subsection (1) of this section is made in respect of that house,

(ii) the lease, letting or transfer of a house to which this section refers to a person other than the spouse, parent, son or daughter of such person as aforesaid, or

(iii) the redemption of a loan made under section 39 of the Principal Act or the payment of the purchase money, in relation to a sale under section 90 of the Principal Act,

within a specified period after the payment of a subsidy under this section in relation to the relevant loan or sale, as the case may be, the person shall pay to the housing authority a specified amount not exceeding the amount of the subsidy or subsidies, and the authority shall pay to the Minister a specified amount not exceeding the amount of the subsidy paid under subsection (1) of this section.

Annotations:

Amendments:

F11

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 168 and sch. part 3 item 10, S.I. No. 648 of 2010.

Modifications (not altering text):

C7

Functions transferred and references construed (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3(1) are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

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 (1)

Short Title (2)

Provision (3)

...

...

...

No. 27 of 1979

Housing (Miscellaneous Provisions) Act 1979

Sections 5(1), 6(1), (2) and (5), 7(1), 11(1)(a) and (2)(a)

...

...

...

Editorial Notes:

E51

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

Subsidies by Minister for certain loans guaranteed by housing authorities.

12

12. F12 [ ]

Annotations:

Amendments:

F12

Repealed (10.12.1980) by Building Societies (Amendment) Act 1980 (31/1980), s. 4, commenced on enactment, subject to continuation in force of regulations made under section, as if made under and for purposes of Building Societies (Amendment) Act 1980, s. 2. This Act was repealed (1.09.1989) by Building Societies Act 1989 (17/1989), s. 6 and sch. 1, S.I. No. 182 of 1989.

Editorial Notes:

E52

Previous affecting provision: power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980); enabling section repealed as per F-note above, but SI also made under other sections of this Act and remains in force.

Duty of housing authorities in certain circumstances to put houses into good structural condition.

13

13. F13 [ ]

Annotations:

Amendments:

F13

Repealed (19.08.1988) by Housing Act 1988, s. 23, S.I. No. 199 of 1988.

Editorial Notes:

E53

Previous affecting provision: power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980); enabling section repealed as per F-note above, but SI also made under other sections of this Act and remains in force.

Amendment of section 5 of Principal Act.

14

14.Section 5 of the Principal Act is hereby amended as respects regulations made after the commencement of this section by the insertion of the following subsection:

“(4) Regulations under this Act may be expressed to apply either generally or to specified areas or to areas, houses, loans, persons, works or other matters of a specified class or classes and different provisions of such regulations may be expressed to apply in relation to different areas or to different classes of areas, houses, loans, persons, works or other matters.”.

Amendment of section 33 of Principal Act.

15

15. F14 [ ]

Annotations:

Amendments:

F14

Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S.I. No. 223 of 1992.

Amendment of section 60 of Principal Act.

16

16. F15 [ ]

Annotations:

Amendments:

F15

Repealed (1.04.1989) by Housing Act 1988 (28/1988), s. 30 and sch., S.I. No. 40 of 1989.

Amendment of section 90 of Principal Act.

17

17. F16 [ ]

Annotations:

Amendments:

F16

Repealed (1.09.1992) by Housing (Miscellaneous Provisions Act 1992 (18/1992), s. 37 and sch., S.I. No. 223 of 1992.

Certificates of reasonable value.

18

18. (1) ( a) Subject to subsection (3) of this section and to such regulations as may be made by the Minister for the purposes of this section, the Minister, on the application in writing of a person who appears to the Minister to be providing for sale a new house, may, subject to compliance by the person with the provisions of this section, grant to the person in respect of the sale of the house a certificate (which shall be known as a certificate of reasonable value and is in this section referred to as “ a certificate”) stating that the house appears to the Minister at the time of the granting of the certificate and on the basis of the information available to the Minister at that time to represent reasonable value for the amount specified in the certificate, and specifying such other matters, if any, as the Minister considers appropriate.

( b) The Minister may, on the application in writing of a person in relation to a new house, if it appears to the Minister that the house is not being provided for sale, grant to the person a certificate (which shall be known as a certificate of exemption) stating that it so appears to the Minister.

( c) An application under this subsection shall be accompanied by a fee of such amount as may be prescribed from time to time for the purposes of this subsection.

(2) ( a) Regulations for the purposes of this subsection may specify the loans to which this subsection applies, and the specification may relate to all loans or to loans that do not exceed a specified amount or to loans that are not less than a specified amount or to loans that do not exceed a specified amount and are not less than another specified amount.

( b) If and whenever regulations for the purposes of this subsection specifying the loans to which this subsection applies are in force, a loan so specified shall not be made by an assurance company, a bank, a building society, or other industrial or commercial organisation or a housing authority (hereinafter referred to as “ the lender”) in respect of a new house unless the person who made the application for the loan furnishes to the lender either a certificate in respect of the sale of the house, or a certificate of exemption in respect of the house, and the provisions of any regulations for the purposes of this subsection are complied with.

( c) A person who contravenes paragraph ( b) of this subsection shall be guilty of an offence.

(3) The Minister shall not grant a certificate in respect of the sale of a house—

( a) if the amount of the consideration for the sale (in this section subsequently referred to as “ the price”) is greater than the greatest amount for which, in the opinion of the Minister, the house represents reasonable value, or

( b) if the price is greater than an amount standing prescribed for the time being under subsection (9) ( g) of this section, or

( c) if the sale is completed before the date of the receipt by the Minister of an application for the certificate, or

( d) if the amount of the cost or value of the site of the house included in the price is greater than an amount standing prescribed for the time being under subsection (9) ( h) of this section.

(4) ( a) The Minister may refuse to grant a certificate in any case where the amount of the cost or value of the site of a house included in the price is greater than the amount for which the site appears to the Minister to represent reasonable value.

( b) For the purposes of paragraph ( a) of this subsection, the Minister may, on the application in writing of either the vendor or purchaser of the site of a house indicate in writing in advance of an application for a certificate whether or not a particular amount proposed to be included in the price as the cost or value of the site appears to the Minister to represent reasonable value.

(5) ( a) Where the Minister decides under subsection (3) ( a) or (4) ( a) of this section not to grant a certificate, he shall notify in writing the person who applied for such grant of his decision and the person may, within the period of 21 days beginning on the date of receipt by him of the notification, appeal to the Circuit Court against the decision and that Court may, on the hearing of the appeal, as it thinks proper, affirm the decision or direct the Minister to grant the certificate.

( b) Notice of an appeal under this section shall be given to the Minister and an officer of the Minister shall be entitled to appear and be heard on the hearing of the appeal.

( c) No appeal shall lie from a decision of the Circuit Court on an appeal under this subsection.

(6) The Minister may, on the application in writing of a person to whom a certificate was granted under subsection (1) ( a) of this section, or of any other person who appears to the Minister at the time of the application to be providing a house referred to in a certificate, revoke the certificate and grant another certificate in different terms from the first-mentioned certificate in respect of the sale to which the first-mentioned certificate related.

(7) ( a) An application to the Minister for the grant of a certificate or a certificate of exemption shall be supported by such information as the Minister may require for the purpose of his functions under this section in relation to the grant.

( b) A person who furnishes information to the Minister under this section that is false or misleading shall be guilty of an offence.

(8) ( a) It shall be the duty of a person to whom a certificate is granted in respect of the sale of a house to ensure that the standards in relation to—

(i) the design, specification, construction and finish of the house,

(ii) the nature and quality of the materials used in the construction and finish of the house,

(iii) the total floor area of the house, measured in such manner as may be determined by the Minister from time to time,

(iv) such fixtures, fittings or other articles as are included with the house in the sale, their design, manufacture and finish and their nature and quality, and

(v) the fitting or installation of the fixtures, fittings and articles aforesaid,

are not inferior to or less in value than those specified, expressly or by implication, by the person to the Minister under subsection (7) of this section.

( b) It shall be the duty of a person to whom a certificate is granted in respect of the sale of a house, and of the purchaser of the house on that sale, to ensure that the price charged or paid for the sale, as the case may be, is not greater than the amount specified in the certificate, such amount being varied, where appropriate, to take into account the reasonable additional cost, or saving, caused by any alteration—

(i) of the standards referred to in paragraph ( a) of this subsection or in relation to the matters referred to in subparagraphs (i) to (v) of that paragraph, or

(ii) if the price aforesaid is stated in the certificate to be subject to variation, of the cost of the provision of the house and of any fixtures, fittings or other articles included in the sale thereof.

( c) A person who contravenes paragraph ( a) or ( b) of this subsection shall be guilty of an offence.

(9) Without prejudice to the generality of subsections (1) and (2) of this section, regulations under this section may make provision in relation to all or any one or more of the following:

( a) requirements in relation to an application to the Minister for a certificate or a certificate of exemption that shall be complied with by the person making the application,

( b) conditions to which the grant of a certificate shall be subject,

( c) requirements as to the total floor area of a house to which a certificate relates,

( d) conditions or clauses in a contract for the sale of a house to which a certificate relates providing for the variation of the price for the sale,

( e) requirements in relation to the contents and display of notices at or near houses or sites where houses are being or are to be provided, being houses or proposed houses to which certificates relate,

( f) requirements in relation to the inspection of houses and sites by officers of the Minister,

( g) the amount that is the greatest price that may be specified by the Minister in a certificate, and

( h) the amount that is the greatest amount that may be reckoned by the Minister in respect of the cost or value of the site of a house in determining an application for a certificate.

(10) ( a) Without prejudice to any penalties which may be imposed under this section, the Minister may, at his discretion, in any case where he is satisfied that a person to whom a certificate was granted has supplied information under subsection (7) ( a) of this section that is false or misleading or has contravened paragraph ( a) or ( b) of subsection (8) of this section, or a condition subject to which the certificate was granted, do either or both of the following, that is to say:

(i) revoke the certificate in respect of which the contravention has occurred,

(ii) refuse for such period as he considers appropriate (but not exceeding five years from the date of the notification to the person under paragraph ( b) of this subsection) to grant a certificate to the person or to a person connected with him (any question whether a person is connected with another person being, for the purposes of this subsection, determined in accordance with section 96 (3) of the Income Tax Act, 1967, with the modification that references in the said section 96 (3) to control in relation to a company shall be construed as references to the ownership of not less than 20 per cent in nominal value of the share capital of the company).

( b) Before the Minister exercises a power under this subsection, he shall notify in writing the person concerned of his intention to do so and shall include in the notification particulars of the nature of and the reasons for such exercise and shall consider any representations from the person concerned if they are received by the Minister not later than the expiration of the period of 21 days beginning on the day on which he is notified under this paragraph.

( c) In exercising a power under this subsection, the Minister shall notify in writing the person concerned of his decision.

( d) A person may, within a period of three months beginning on the date of receipt by him of the Minister's decision under paragraph ( a) of this subsection or of his opinion under subsection (16) of this section, appeal to the High Court against the decision or opinion and on such appeal the High Court may affirm, reverse or vary such decision or opinion.

(11) ( a) A person shall not forge a document purporting to be a certificate or a certificate of exemption.

( b) A person shall not, with intent to deceive, either alter or use a certificate or a certificate of exemption.

( c) A person who contravenes this subsection shall be guilty of an offence.

(12) Where—

( a) a person to whom a certificate has been granted contravenes a condition subject to which it was granted, or

( b) a person contravenes a regulation under this section,

he shall be guilty of an offence.

(13) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person shall also be guilty of the offence and may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

(14) ( a) In any proceedings for an offence under this section (other than subsection (11)) it shall, subject to paragraph ( b) of this subsection, be a defence for the person charged to prove—

(i) that the commission of the offence was due to a mistake or to the act or default of another person or the reliance on information supplied to him by another person, an accident or some other cause beyond his control, and

(ii) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any other person under his control.

( b) If in any case the defence provided by paragraph ( a) of this subsection involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, not less than seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

(15) ( a) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine not exceeding £10,000.

( b) A Justice of the District Court shall have jurisdiction to try summarily an offence under this section if—

(i) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,

(ii) the Director of Public Prosecutions consents, and

(iii) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily,

and, upon conviction under this paragraph, the said defendant shall be liable to a fine not exceeding £500.

( c) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalty provided for by paragraph ( b) of this subsection and the reference in subsection (2) ( a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.

(16) In this section—

assurance company” has the meaning assigned to it by the Insurance Acts, 1909 to 1978;

bank” means the holder of a licence under section 9 of the Central Bank Act, 1971, or a trustee savings bank certified under the Trustee Savings Banks Acts, 1863 to 1979;

company” means a company within the meaning of section 2 of the Companies Act, 1963, or a company incorporated outside the State;

sale”, in relation to a house, includes a sale of land and an agreement relating to the erection of a house thereon which, in the opinion of the Minister, is associated with such sale irrespective of whether—

(i) such sale is conditional on the making of such agreement, or

(ii) the vendor of the land is a party to such agreement.

Annotations:

Modifications (not altering text):

C8

Application of section extended by Taxes Consolidation Act 1997 (39/1997), s. 372AM(1)(b)(ii) as inserted (1.01.2002) by Finance Act 2002 (5/2002), s. 24 and sch. 2 part 1 para. 1, commenced as per s. 141(8).

Grant of certain certificates and guidelines, qualifying and special qualifying premises.

[372AM.—(1) ...

(ii) Section 18 of the Housing (Miscellaneous Provisions) Act, 1979, applies, with any necessary modifications, to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section.

... ]

Editorial Notes:

E54

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).

E55

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.

E56

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

E57

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

E58

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

E59

Power pursuant to section exercised (25.09.1980) by Housing Regulations 1980 (S.I. No. 296 of 1980).

E60

Previous affecting provision: application of section extended by Taxes Consolidation Act 1997 (39/1997), s. 372AI(1) as inserted (6.04.2000) by Finance Act 2000 (3/2000), s. 89(a), commenced as per s. 166(9); repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(i), commenced as per s. 141(8).

E61

Previous affecting provision: application of section extended by Taxes Consolidation Act 1997 (39/1997), s. 380E(1) as inserted (6.04.1999) by Finance Act 1999 (2/1999), s. 50, commenced as per s. 217(9); repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(j), commenced as per s. 141(8).

E62

Previous affecting provision: application of section extended by Taxes Consolidation Act 1997 (39/1997), s. 372Z(1) as inserted (6.04.1999) by Finance Act 1999 (2/1999), s. 70(1), commenced as per s. 217(9); repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(h), commenced as per s. 141(8).

E63

Previous affecting provision: application of section extended by Taxes Consolidation Act 1997 (39/1997), s. 372J(1), as inserted (6.04.1998) by Finance Act 1998 (3/1998), s. 76, commenced as per s. 138(8); repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(f), commenced as per s. 141(8).

E64

Previous affecting provision: application of section extended by Taxes Consolidation Act 1997 (39/1997), s. 372S, as inserted (6.04.1998) by Finance Act 1998 (3/1998), s. 77(a), commenced as per s. 138(8); repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(g), commenced as per s. 141(8).

E65

Previous affecting provision: application of section extended (6.04.1997) by Finance Act 1997 (22/1997), s. 58(1), commenced as per s. 166(9); repealed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 1098 and sch. 30, commenced as per s. 1097.

E66

Previous affecting provision: application of section extended (6.04.1997) by Finance Act 1997 (22/1997), s. 155, commenced as per s. 166(9); repealed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 1098 and sch. 30, commenced as per s. 1097.

E67

Previous affecting provision: application of section extended (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 329(1), commenced as per s. 1097; repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(a), commenced as per s. 141(8).

E68

Previous affecting provision: application of section extended construed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 338(1), commenced as per s. 1097; repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(b), commenced as per s. 141(8).

E69

Previous affecting provision: application of section extended (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 350(1), commenced as per s. 1097; repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(c), commenced as per s. 141(8).

E70

Previous affecting provision: application of section extended (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 359(1), commenced as per s. 1097; repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(d), commenced as per s. 141(8).

E71

Previous affecting provision: application of section extended (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 360(1), commenced as per s. 1097; repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(e), commenced as per s. 141(8).

E72

Previous affecting provision: application of section extended (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 372(1), commenced as per s. 1097; repealed (1.01.2002) by Finance Act 2002 (5/2002), s. 24(3)(e), commenced as per s. 141(8).

E73

Previous affecting provision: application of section extended (6.04.1996) by Finance Act 1996 (9/1996), s. 65(1), commenced as per s. 143(8); repealed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 1098 and sch. 30.

E74

Previous affecting provision: application of section extended (6.04.1995) by Finance Act 1995 (8/1995), s. 53(2), commenced as per s. 179(8); repealed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 1098 and sch. 30.

E75

Previous affecting provision: application of section extended (6.04.1994) by Finance Act 1994 (13/1994), s. 47(2), commenced as per s. 166(8); repealed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 1098 and sch. 30.

E76

Previous affecting provision: 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); superseded (8.07.1988) by Finance Act, 1981 (Certificates of Reasonable Cost) Regulations, 1981 (Amendment) Regulations 1988 (S.I. No. 163 of 1988).

E77

Previous affecting provision: application of section extended (6.04.1981) by Finance Act 1981 (16/1981), s. 23(1)(a), commenced as per s. 54(7); repealed (6.04.1997) by Taxes Consolidation Act 1997 (39/1997), s. 1098 and sch. 30.

E78

Previous affecting provision: power pursuant to section exercised (27.01.1981 and 2.02.1981) 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), reg. 3 and sch. 1.

Statutory declarations.

19

19. F17 [ ]

Annotations:

Amendments:

F17

Repealed (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 37 and sch., S.I. No. 223 of 1992.

Amendment of Building Societies Act, 1976.

20

20. F18 [ ]

Annotations:

Amendments:

F18

Repealed (1.09.1989) by Building Societies Act 1989 (17/1989), s. 6 and sch., S.I. No. 182 of 1989.

Transfer of certain land by Minister for Health to Dublin Corporation and Commissioners of Public Works.

21

21. (1) In this section—

the Commissioners” means the Commissioners of Public Works in Ireland;

the Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the Minister” means the Minister for Health.

(2) The Minister may by order—

( a) for such consideration as may be specified in the order, transfer to the Commissioners a specified part of the land acquired by him under Part III of the Saint Laurence's Hospital Act, 1943, and

( b) for such consideration as may be specified in the order, transfer to the Corporation the remainder of the said land for housing purposes.

(3) ( a) An order under subsection (2) ( a) of this section shall operate to vest the land described in the order in the Commissioners freed and discharged from all trusts for all the estate and interest for which such land is vested in the Minister.

( b) An order under subsection (2) ( b) of this section shall operate to vest the land described in the order in the Corporation freed and discharged from all trusts for all the estate and interest for which such land is vested in the Minister.

Validation.

22

22.Where—

( a) a grant or subsidy was paid by the Minister or a housing authority, being a grant or subsidy specified in a provision of this Act set out in column (2) of the Table to this section at any reference number in column (1) of the said Table on or after the date specified in column (3) of the said Table at that reference number but before the commencement of the said provision, and

( b) the grant or subsidy would have been a valid and effectual grant or subsidy, as the case may be, under the said provision if it had been paid after such commencement,

the grant or subsidy shall be as valid and effectual, and be deemed always to have been as valid and effectual, as if it had been paid after such commencement.

TABLE

Reference Number

Provision of this Act

Date

(1)

(2)

(3)

1

section 2

14th May, 1973

2

section 4

6th July, 1977

3

section 5

1st June, 1972

4

section 6

1st February, 1972

5

section 7

1st January, 1978

6

section 10

1st April, 1973

7

section 11

22nd November, 1976

8

section 12

1st June, 1977

Repeals.

23

23. (1) The enactments specified in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.

(2) Where—

( a) an application for a grant under section 15, 16 or 18 of the Principal Act was received by the Minister or the council of a county acting on behalf of the Minister on or before the 30th day of December, 1977, and the house to which the application relates was, in the opinion of the Minister or the council, satisfactorily completed on or before the 31st day of December, 1978,

( b) works, consisting of the installation of a group water supply or group sewerage facilities or both and in respect of which a grant is payable under section 2 of the Local Government (Sanitary Services) Act, 1962, commenced on or before the 31st day of October, 1977, and are or were, in the opinion of the Minister, satisfactorily completed on or before the 31st day of December, 1979,

( c) in the case of works in respect of which a grant is payable under the said section 2, not being works of a kind referred to in paragraph ( b) of this subsection, an application for a grant under that section was received by the Minister or a sanitary authority acting on behalf of the Minister on or before the 31st day of October, 1977, and the works were, in the opinion of the Minister or the sanitary authority, satisfactorily completed on or before the 31st day of December, 1978,

( d) an application for a grant under section 19, 21, 22, 23, 24 or 25 of the Principal Act was received by the Minister or the council of a county acting on behalf of the Minister on or before the 31st day of January, 1978, and the works concerned commenced on or before the 31st day of October, 1977, and were, in the opinion of the Minister or the council, satisfactorily completed before the 31st day of December, 1978, or

( e) an application for a grant under section 26, 27, 28, 29, 30, 31 or 32 of the Principal Act or section 3 of the Local Government (Sanitary Services) Act, 1962, is received by the appropriate housing authority or sanitary authority on or before the 31st day of December, 1979,

and, but for subsection (1) of this section, the grant would fall to be paid, then, notwithstanding that subsection, the grant may be paid provided that the application for the payment of the grant is received by the Minister or the appropriate housing authority or sanitary authority, as the case may be, on or before the 31st day of January, 1980.

(3) A regulation made under a provision repealed by this section and in force immediately before the commencement of this section shall, insofar as it could have been made under a corresponding provision of this Act, continue in force after such commencement as if it had been made under the corresponding provision of this Act and may be amended or revoked accordingly.

(4) In this section “ sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964.

Short title, collective citation, construction and commencement.

24

24. (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1979.

(2) The Housing Acts, 1966 to 1970, and this Act may be cited together as the Housing Acts, 1966 to 1979, and shall be construed together as one Act.

(3) This Act, save as is otherwise expressly provided for therein, shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Annotations:

Editorial Notes:

E79

Power pursuant to subs. (3) exercised (26.09.1980) by Housing (Miscellaneous Provisions) Act, 1979 (Commencement) Order 1980 (S.I. No. 297 of 1980).

2. Section 23 (1) of the Housing (Miscellaneous Provisions) Act, 1979 and the Schedule to that Act shall come into operation on the 26th day of September, 1980 for the purpose of effecting the repeal of the enactments specified in column (2) of the Schedule to this Order to the extent specified in column (3) of that Schedule.

3. Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 18 and 22 of the Housing (Miscellaneous Provisions) Act, 1979 shall come into operation generally on the 26th day of September, 1980.

E80

Power pursuant to subs. (3) exercised (9.08.1979) by Housing (Miscellaneous Provisions) Act, 1979 (Commencement) Order 1979 (S.I. No. 276 of 1979).

2. Section 23 (1) of the Housing (Miscellaneous Provisions) Act, 1979 and the Schedule to that Act shall come into operation on the 9th day of August, 1979 for the purpose of effecting the repeal of the enactment specified in column (2) of the Schedule to this Order to the extent specified in column (3) of that Schedule.

3. Sections 1, 13, 14, 15, 16, 17, 19, 20, 21, 23(2), (3) and (4) and section 24 of the Housing (Miscellaneous Provisions) Act, 1979 shall come into operation generally on the 9th day of August, 1979.

SCHEDULE

Enactments Repealed

Section 23.

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 26 of 1962

Local Government (Sanitary Services) Act, 1962.

Sections 2, 3, 4 and 5.

No. 21 of 1966

Housing Act, 1966.

Sections 13 to 32, 35 (2), 40, 44, 60 (8), 90 (6) ( a), 98 (5) and 106.

Acts Referred to

Building Societies Act, 1976

1976, No. 38

Companies Act, 1963

1963, No. 33

Criminal Procedure Act, 1967

1967, No. 12

Central Bank Act, 1971

1971, No. 24

Health Act, 1970

1970, No. 1

Housing Act, 1966

1966, No. 21

Housing Acts, 1966 to 1970

Income Tax Act, 1967

1967, No. 6

Insurance Acts, 1909 to 1978

Labourers Act, 1936

1936, No. 24

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Local Government (Sanitary Services) Acts, 1878 to 1964

Registration of Title Act, 1964

1964, No. 16

Saint Laurence's Hospital Act, 1943

1943, No. 3

Trustee Savings Banks Acts, 1863 to 1979