Housing (Miscellaneous Provisions) Act 1997

Interpretation.

1

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

F1 [ affordable house means an affordable house provided under Part V of the Planning and Development Act 2000 or Part 2 of the Housing (Miscellaneous Provisions) Act 2002 or an affordable dwelling purchased under affordable dwelling purchase arrangements under Part 5 of the Housing (Miscellaneous Provisions) Act 2009 as the case may be; ]

F2 [ anti-social behaviour includes either or both of the following, namely

(a) the manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts 1977 to 2007),

(b) any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000 or a housing estate in which the house is situate and, without prejudice to the foregoing, includes

(i) violence, threats, intimidation, coercion, harassment or serious obstruction of any person,

(ii) behaviour which causes any significant or persistent impairment of a person s use or enjoyment of his or her home, or

(iii) damage to or defacement by writing or other marks of any property, including a person s home; ]

F3 [ caravan has the meaning assigned to it by section 13 of the Housing Act, 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998); ]

“estate management” includes—

( a) the securing or promotion of the interests of any tenants, lessees, owners or occupiers, whether individually or generally, in the enjoyment of any house, building or land provided by a housing authority under the F4 [ Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 ] ,

( b) the avoidance, prevention or abatement of anti-social behaviour in any housing estate in which is situate a house provided by a housing authority under the F4 [ Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 ] F3 [ or a site ];

F5 [ excluding order has, where the context admits or requires, the meaning assigned to it by subsection (1) or (2) of section 3 ; ]

health board” means a health board within the meaning of the Health Act, 1970;

house” has the meaning assigned to it by the Housing (Miscellaneous Provisions) Act, 1992;

housing authority” has the meaning assigned to it by section 1 of the Housing (Miscellaneous Provisions) Act, 1992;

F6 [ relevant purchaser means (subject to section 1A )

(a) a person to whom a housing authority has sold a house under the Housing Acts 1966 to 2014 other than an affordable house, or

(b) a person in whom there subsequently becomes vested (other than for valuable consideration) the interest of the person referred to in paragraph (a) of this definition in the house referred to in that paragraph; ]

respondent” has the meaning assigned to it by section 3 F3 [ or where appropriate under section 3A ] ;

F3 [ site means

( a ) a site to which section 13 of the Housing Act, 1988 , (as amended by the Housing (Traveller Accommodation) Act, 1998) applies, and

( b ) a site provided or managed under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 ;

site excluding order has the meaning assigned to it by section 3A ; ]

tenant” means any person to whom a housing authority have let a house under the F4 [ Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 F7 [ or to whom a dwelling is let under a Chapter 4 tenancy agreement (within the meaning of the Housing (Miscellaneous Provisions) Act 2009) ] ].

(2) In this Act, a reference to a section is to a section of this Act and a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other enactment or provision, as may be appropriate, is intended.

(3) A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Annotations:

Amendments:

F1

Inserted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(1)(a), S.I. No. 121 of 2015.

F2

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(1)(c), S.I. No. 121 of 2015.

F3

Inserted (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 34(b)-(e), S.I. No. 328 of 1998.

F4

Substituted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 197(a)(i), S.I. No. 505 of 2004.

F5

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(1)(b), S.I. No. 121 of 2015.

F6

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(1)(d), S.I. No. 121 of 2015.

F7

Inserted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5 item 1, S.I. No. 449 of 2009.

Editorial Notes:

E1

Previous affecting provision: definition of “anti-social behaviour” amended (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5 item 1(a), S.I. No. 449 of 2009; substituted as per F-note above.

E2

Previous affecting provision: definition of “relevant purchaser” inserted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 197(a)(ii), S.I. No. 505 of 2004; substituted as per F-note above.

E3

Previous affecting provision: definition of “anti social behaviour” amended (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 34(a), S.I. No. 328 of 1998; definition substituted as per F-note above.