Housing (Traveller Accommodation) Act 1998


Number 33 of 1998


HOUSING (TRAVELLER ACCOMMODATION) ACT 1998

REVISED

Updated to 12 September 2018


This Revised Act is an administrative consolidation of the Housing (Traveller Accommodation) Act 1998. 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 2019, 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 33 of 1998


HOUSING (TRAVELLER ACCOMMODATION) ACT 1998

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.

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, 30, 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, 14 (insofar as they relate to the Housing Act 1966) and sch. 4 para. 16

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 1981, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Local Government Reform Act 2014 (1/2014)

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

Health Act 2004 (42/2004)

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

Local Government Act 2001 (37/2001)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Housing (Traveller Accommodation) Act, 1998 (Commencement) Order 2000 (S.I. No. 37 of 2000)

Housing (Traveller Accommodation) Act, 1998 (Commencement) (No. 3) Order 2000 (S.I. No. 448 of 1998)

Housing (Traveller Accommodation) Act, 1998 (Commencement) (No. 2) Order 2000 (S.I. No. 428 of 1998)

Housing (Traveller Accommodation) Act, 1998 (Commencement) Order 2000 (S.I. No. 328 of 1998)

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 33 of 1998


HOUSING (TRAVELLER ACCOMMODATION) ACT 1998

REVISED

Updated to 12 September 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

Expenses.

4.

Directions.

PART II

Traveller Accommodation Programme

5.

Relevant housing authority. (Repealed)

6.

Assessment of accommodation needs.

7.

Accommodation programme.

8.

Notice of accommodation programme to certain bodies.

9.

Publication of notice of accommodation programme.

10.

Preparation of accommodation programme.

11.

Report by manager.

12.

Submission of accommodation programme to relevant housing authority.

13.

Adjournment of meeting.

14.

Adoption of accommodation programme by manager.

15.

Publication of accommodation programme.

16.

Implementation of accommodation programme.

17.

Review, amendment and replacement of accommodation programme.

18.

Minister and adoption of accommodation programmes.

19.

National Traveller Accommodation Consultative Committee.

20.

Membership of National Consultative Committee.

21.

Local traveller accommodation consultative committee.

22.

Membership of local consultative committee.

23.

Provision of accommodation for travellers generally.

PART III

Miscellaneous

24.

Emergency situation.

25.

Loans for caravans or sites.

26.

Amendment of section 19 of Act of 1963.

27.

Supplemental provisions to section 26.

28.

Amendment of section 3 of Housing (Miscellaneous Provisions) Act, 1979. (Repealed)

29.

Amendment of section 13 of Act of 1988.

30.

Amendment of section 15 of Act of 1988.

31.

Annual report and activities of a local consultative committee.

32.

Amendment of section 10 of Act of 1992.

33.

Amendment of section 34 of Act of 1992.

34.

Amendment of section 1 of Act of 1997.

35.

Amendment of Act of 1997.

36.

Miscellaneous amendments to Act of 1997.


Acts Referred to

City and County Management (Amendment) Act, 1955

1955, No. 12

Civil Service Regulation Act, 1956

1956, No. 46

County Management Acts, 1940 to 1994

Housing (Miscellaneous Provisions) Act, 1979

1979, No. 27

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing (Miscellaneous Provisions) Act, 1997

1997, No. 21

Housing Act, 1988

1988, No. 28

Housing Acts, 1966 to 1997

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Act, 1976

1976, No. 20

Local Government (Planning and Development) Acts, 1963 to 1998

Local Government Act, 1991

1991, No. 11


Number 33 of 1998


HOUSING (TRAVELLER ACCOMMODATION) ACT 1998

REVISED

Updated to 12 September 2018


AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1997, THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1998, THE LOCAL GOVERNMENT ACT, 1991, TO MAKE PROVISION FOR THE ACCOMMODATION NEEDS OF TRAVELLERS, TO PROVIDE FOR THE APPOINTMENT OF A NATIONAL TRAVELLER ACCOMMODATION CONSULTATIVE COMMITTEE AND LOCAL TRAVELLER ACCOMMODATION CONSULTATIVE COMMITTEES AND TO PROVIDE FOR RELATED MATTERS. [13 th July, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Housing Acts restricted (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 14(1), S.I. No. 247 of 1997, and s. 14A as inserted (11.09.1998) by Housing (Traveller Accommodation Act 1998 (33/1998), s. 35(b), S.I. No. 328 of 1998; as substituted (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 19(9), S.I. No. 121 of 2015.

Letting and sale of local authority housing.

14.[(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009, a housing authority may—

(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection (1) of the said section 22 refers, to a household where—

(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour or that an allocation to that household would not be in the interest of good estate management, or

(ii) the household fails to provide information, including information relating to members residing together or proposing to reside together as part of the household, which is requested by the authority and which the authority considers necessary in connection with an allocation,

or

(b) refuse to permit a person, or defer permitting a person, to take up or resume residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers where—

(i) the authority considers that the person is or has been engaged in anti-social behaviour or that such permission would not be in the interest of good estate management, or

(ii) the tenant of the dwelling or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give, refuse or defer such permission.]

...

[ Authorisation to occupy caravan on site

14A. Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority may refuse or defer an authorisation to a person to occupy a caravan on a site where—

(a) the authority considers that that person or a member of his or her household is or has been engaged in anti-social behaviour or that the occupation by that person or household member of a caravan on the site would not be in the interest of good estate management, or

(b) that person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the authority and which the authority considers necessary in respect of the application for such authorisation.]

C2

Reference to “a housing authority” under collectively cited Housing Acts construed by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1) and (2); as substituted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 16(a), S.I. No. 329 of 2002; as substituted (1.02.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; and as substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1 .

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;

...]

C3

Reference to “county council”, “city council” and “county council and a city council”, and reference to “the administrative area of a county council”, “the administrative area of a city council” and “the administrative area of a county council and the administrative area of a city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), (3), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.

C4

Application of collectively cited Housing Acts potentially restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

...

Housing Acts 1966 to 2009

...

C5

Power granted to Minister to issue guidelines and codes of practice, and a licence, consent, permission, permit, derogation or other authorisation given under collectively cited Housing Acts 1966 to 2009 may require compliance with an issued guideline and code of practice as provided (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 63(3), 71 and sch. 2.

General provisions regarding licences etc

63. ...

(3) A person who fails to comply with the terms, conditions, restrictions or requirements of a licence, consent, permission, permit, derogation or other authorisation given by a public authority pursuant to or in accordance with these Regulations shall be guilty of an offence.

...

Guidelines and codes of practice

71. (1) The Minister may issue guidelines and codes of practice in relation to the performance of the functions of public authorities insofar as the requirements of these Regulations, the Habitats Directive or the Birds Directive apply to those functions, or in relation to the general duties of other persons to which these Regulations apply.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

Housing Acts 1966 to 2009

C6

Power granted to Minister to give directions and issue guidelines under collectively cited Housing Acts 1966 to 2009 (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 4, S.I. No. 449 of 2009.

Ministerial directions.

4.— (1) The Minister may, from time to time, as he or she considers appropriate, give general policy directions in writing to a housing authority in relation to the performance by the housing authority of any of its functions under the Housing Acts 1966 to 2009 and the housing authority shall comply with any such directions.

...

Guidelines.

5.— (1) The Minister may, from time to time, as he or she considers appropriate, issue to housing authorities such guidelines in relation to the performance of their functions under the Housing Acts 1966 to 2009 as he or she considers appropriate and housing authorities shall have regard to such guidelines in the performance of those functions.

...

C7

Certain functions under collectively cited Housing Acts 1966 to 2009 transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 59(1) and sch. 3 item 43, S. I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

43. Housing Acts 1966 to 2002

C8

Reference to “a functional area of a health board”, “the Eastern Regional Health Authority” and “an Area Health Board” under collectively cited Housing Acts 1966 to 2009 construed (1.01.2005) by Health Act 2004 (42/2004), s. 67(2) and sch. 3 item 43, S.I. No. 887 of 2004.

Functional areas of dissolved health boards.

67.— ...

(2) References (however expressed) in any enactment referred to in Schedule 3 to a functional area of a health board, the Eastern Regional Health Authority or an Area Health Board are on and after the establishment day to be read as references to—

( a) the corresponding functional area of the Executive or that area as redefined in accordance with this section, or

( b) if the context so requires, the area comprising all of the corresponding functional areas of the Executive or comprising all of those areas as redefined in accordance with this section.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

...

43. Housing Acts 1966 to 2002

Editorial Notes:

E1

Housing authority enabled to obtain, share and exchange restricted information including tax reference numbers under certain conditions (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 55, S.I. No. 404 of 2014.

E2

Housing authority in performance of its functions under collectively cited Housing Acts granted power to obtain household information (14.06.2010 and 1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 32, S.I. Nos. 253 of 2010 and 83 of 2011, as amended.

E3

Housing authority, for purposes of its functions under collectively cited Housing Acts, authorised to obtain certain information in respect of certain persons (1.07.1997) by Housing (Miscellaneous Provisions) Act 1997 (21/1997), s. 15(2), S.I. No. 247 of 1997; as substituted (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 5, S.I. No. 449 of 2009.

E4

Collectively cited Housing Acts designated as primarily the responsibility of the Minister although conferring functions on local authorities (1.01.2002) by Local Government Act 2001 (37/2001), s. 63(2)(a) and sch. 12 part 1, S.I. No. 588 of 2001, sch. 12 part 1, as substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007.

E5

An tArd-Chláraitheoir enabled to give prescribed, otherwise restricted, information to a housing authority for certain purposes (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(j), S.I. No. 764 of 2005; para. (j)(ii) substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8, not commenced as of date of revision.