Housing (Miscellaneous Provisions) Act 1992

Assistance by housing authorities of certain bodies.

6

6.(1) A housing authority may, on such terms and conditions (including conditions requiring the giving of undertakings) as they think fit, assist—

(a) another housing authority F11[], or

(b) F12[subject to subsection (8A), an approved housing body,]

in respect of the provision (whether provided by erection, purchase, improvement or conversion works) or management by the other authority F13[or approved housing body] of housing accommodation, or in respect of other matters in relation to housing.

(2) Assistance under subsection (1) may be given in one or more of the following ways—

(a) by a loan;

(b) by a periodic contribution to the funds of the other authority or F14[approved housing body];

(c) by a guarantee of sums owed by the other authority or F14[approved housing body] in respect of borrowings;

(d) by a grant;

(e) by a subsidy towards, or the remission in whole or in part of, loan charges incurred by the other authority or F14[approved housing body];

F15[(ea) by providing a dwelling of which the housing authority is the owner (including a house provided under Part V of the Planning and Development Act 2000) to another housing authority referred to in subsection (1)(a) or a F16[an approved housing body] referred to in subsection (1)(b), under a contract or lease between the housing authority which owns the dwelling concerned and another housing authority referred to in subsection (1)(a) or a F16[an approved housing body] referred to in subsection (1)(b);]

(f) by a contribution in kind, whether by way of materials or labour or any other service.

(3) A guarantee under this section may be given by the housing authority either alone or jointly with any other person or persons (including a housing authority).

(4) Where a housing authority have under this section assisted another housing authority F17[or an approved housing body] and, as a condition of providing such assistance, have been given an undertaking which has not been complied with, the following provisions shall have effect:

(a) the authority F17[or approved housing body] who received the assistance shall be liable to repay such amount as may be determined by the authority who provided the assistance, and

(b) the amount shall, without prejudice to any other power in that behalf, be recoverable by the authority who provided the assistance from the authority F17[or approved housing body] who received it as a simple contract debt in any court of competent jurisdiction.

(5) Where the terms and conditions of assistance under this section enable the assistance to be secured by mortgage, the housing authority may, for the purpose of securing the assistance, enter into and carry out an agreement with any other mortgagee.

(6) F18[...]

(7) F18[...]

(8) The determination of the terms and conditions under which assistance under this section is provided shall be a reserved function.

F19[(8A) Where, by virtue of section 69 of the Housing (Regulation of Approved Housing Bodies) Act 2019, a person is receiving existing assistance (within the meaning of subsection (2)(b) of the said section 69), that person shall not receive from a housing authority any assistance under this section that is not existing assistance.]

(9) Where a housing authority have assisted a body under section 12 of the Principal Act in the provision of housing accommodation, the Minister may, with the consent of the Minister for Finance, recoup out of moneys provided by the Oireachtas all or part of such assistance.

(10) Any reference to section 5 of the Act of 1988 in sections 10 and 15 of that Act, in section 28 of the Building Societies Act, 1989, or in regulations made under the Housing Acts, 1966 to 1992, shall be construed as a reference to this section.

(11) In this section “housing accommodation” includes sites for caravans within the meaning of section 13 of the Act of 1988.

Annotations

Amendments:

F11

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.

F12

Substituted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67(c)(i)(I), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

F13

Substituted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67(c)(i)(II), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

F14

Substituted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67(c)(ii)(I), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

F15

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 87, S.I. No. 119 of 2016.

F16

Substituted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67(c)(ii)(II), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

F17

Substituted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67(c)(iii), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

F18

Deleted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019),  67(c)(iv), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

F19

Inserted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67(c)(v), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

Modifications (not altering text):

C12

Functions transferred (1.10.1993) by Housing (Transfer of Functions) (No. 2) Order 1993 (S.I. No. 284 of 1993), art. 3, as substituted (19.05.2004) by Housing (Transfer of Functions) (No. 2) Order 1993 (Amendment) Order 2004 (S.I. No. 218 of 2004), art. 2.

[3. The functions of the council of the county of Wexford as respects sections 6 and 7 of the Housing (Miscellaneous Provisions) Act 1992, are, in the case of the borough of Wexford, hereby transferred to the Mayor, Aldermen and Burgesses of Wexford.]

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

C13

Functions as respects section transferred (1.08.1995) by Housing (Transfer of Functions) (No. 2) Order 1995 (S.I. No. 187 of 1995), art. 3, in effect as per art. 2.

3. The functions of the council of the county of Westmeath as respects sections 2 to 4 and sections 6 and 7of the Housing (Miscellaneous Provisions) Act, 1992, are, in the case of the urban district of Athlone hereby transferred to the council of the said urban district.

4. The council of the urban district of Athlone shall, as respects the said urban district, perform the functions hereby transferred separately from the functional area of the council of the county of Westmeath.

C14

Functions as respects section transferred (1.03.1995) by Housing (Transfer of Functions) Order 1995 (S.I. No. 36 of 1995), art. 3, 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 7of 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.

C15

Functions as respects section transferred (15.06.1993) by Housing (Transfer of Functions) Order 1993 (S.I. No. 153 of 1993), art. 2.

2. The functions of the council of the county of Louth as respects sections 2 to 4 and sections 6 and 7of the Housing (Miscellaneous Provisions) Act, 1992, are hereby transferred—

 (a) in the case of the borough of Drogheda, to the Mayor, Aldermen and Burgesses of Drogheda, and

 (b) in the case of the urban district of Dundalk, to the council of the said urban district.

Editorial Notes:

E18

Body approved under subs. (6) deemed to be an AHB for certain purposes as provided (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 34(1), S.I. No. 728 of 2021, art. 2(c).