Housing (Miscellaneous Provisions) Act 1997

F15 [ Site excluding orders.

3A

3A . (1) A person who is authorised, including a person who is jointly authorised, by a housing authority or an approved body to occupy a caravan on a site (in this section referred to as an authorised person ) may apply to the District Court for a site excluding order against another person (in this Act referred to as the respondent ) whom the authorised person making the application believes to be engaging in antisocial behaviour.

F16 [ (2) A housing authority or an approved body may, in respect of a site provided by the housing authority or the approved body under the Housing Acts 1966 to 2014 , apply to the District Court for a site excluding order against a respondent whom the housing authority or the approved body believes to be engaging in anti-social behaviour and where the housing authority or the approved body

(a) has reasonable grounds to believe that an authorised person

(i) may be deterred or prevented by violence, threat or fear, either to himself or herself or to persons associated with him or her, from pursuing an application for a site excluding order, or

(ii) does not intend, for whatever other reason, to make such an application,

and

(b) considers that, in the interest of good estate management, it is appropriate, in all the circumstances, to apply for a site excluding order. ]

F17 [ (2A) An application under subsection (1) or (2) may not be made against a person who is under 12 years of age. ]

F18 [ (3) Where following an application under this section, the District Court, or the Circuit Court on appeal from the District Court, is of the opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour it may by order (in this Act referred to as a site excluding order )

(a) in the case of a respondent who is under 18 years of age and is residing at the site in respect of which the application was made prohibit the respondent during the period when the order is in force

(i) from entering or being on or being in or in the vicinity of any other specified site or being in or in the vicinity of any specified place, or

(ii) from doing all or any of the things referred to in subparagraph (i) unless specified conditions provided for by the order are complied with,

(b) in the case of a respondent who is under the age of 18 years and is not residing at the site in respect of which the application was made, prohibit the respondent, for the period during which the order is in force

(i) from entering or being on or being in or in the vicinity of that site or any other specified site or being in or in the vicinity of any specified place, or

(ii) from doing all or any of the things referred to in subparagraph (i) unless specified conditions provided for by the order are complied with,

(c) in any other case

(i) direct the respondent, if residing at the site in respect of which the application was made, to leave that site and not re-enter it during the period that the order is in force, and

(ii) whether the respondent is or is not residing at the site in respect of which the application was made, prohibit the respondent for the period during which the order is in force

(I) from entering or being on or being in or in the vicinity of that site or any other specified site or being in or in the vicinity of any specified place, or

(II) from doing all or any of the things referred to in clause (I) unless specified conditions provided for by the order are complied with. ]

(4) A site excluding order may, if the court thinks fit, prohibit the respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the authorised person referred to in either subsection (1) or subsection (2) or other occupant of any site concerned.

(5) Where a site excluding order has been made the authorised person concerned, where the application was made under subsection (1) , or the housing authority or approved body, where the application was made under subsection (2) , or the respondent may apply to have such site excluding order varied and the District Court, or the Circuit Court, on hearing such application for variation shall make such order as it considers appropriate in the circumstances.

(6) A site excluding order, whether made by the District Court or the Circuit Court on appeal from the District Court, shall, subject to subsection (7) and section 9 , expire 3 years after the date of its making or on the expiration of such shorter period as specified in the order.

(7) On or before the expiration of a site excluding order to which subsection (6) relates, a further site excluding order may be made by the District Court, or by the Circuit Court, on appeal from the District Court, for a period of 3 years or such shorter period as specified in the order and the order shall take effect from the date of expiration of the first-mentioned site excluding order.

(8) A site excluding order under this section may if the court thinks fit or appropriate

( a ) require the respondent, within a specified period, or

( b ) permit the respondent, on such conditions as the court may specify,

to remove from the site any caravan owned and occupied by the respondent on that site.

(9) Sections 4 to 12 shall apply, with any necessary modifications, to a site excluding order under this section and for this purpose references in those sections to

( a ) excluding order shall be construed and have effect as including a reference to a site excluding order,

( b ) interim excluding order shall be construed and have effect as including a reference to an interim site excluding order,

( c ) house or housing estate shall be construed and have effect as including a reference to a site, and

( d ) tenant shall be construed and have effect as including a reference to an authorised person making an application under subsection (1) or referred to in subsection (2) ( a ).

(10) Subsections (4) , (5) and (8) shall apply to an interim site excluding order as they apply to a site excluding order.

(11) In this section approved body has the meaning assigned to it by section 13(2) . ]

Annotations:

Amendments:

F15

Inserted (11.09.1998) Housing (Traveller Accommodation) Act 1998 (33/1998), s. 35(a), S.I. No. 328 of 1998.

F16

Substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(5)(a), S.I. No. 121 of 2015.

F17

Inserted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(5)(b), S.I. No. 121 of 2015.

F18

Substituted (13.05.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(5)(c), S.I. No. 121 of 2015.

Editorial Notes:

E6

Previous affecting provision: subs. (2)(a) substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 16 item 2, S.I. 887 of 2004; substituted as per F-note above.

E7

Previous affecting provision: subs. 2(a) and (3)(b) substituted (1.09.2004) by Residential Tenancies Act 2004 (27/2004), s. 197(c)(ii), S.I. No. 505 of 2004; substituted as per F-note above.