Housing (Miscellaneous Provisions) Act 2002

Housing (Miscellaneous Provisions) Act 2002


Number 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

REVISED

Updated to 12 September 2018


This Revised Act is an administrative consolidation of the Housing (Miscellaneous Provisions) Act 2002. 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 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

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 Act 1969 (16/1969)

Housing Act 1970 (18/1970)

Housing (Miscellaneous Provisions) Act 1979 (27/1979)

Housing Act 1984 (1/1984)

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 s. 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. 17-20, 22, 23 and 24 and Schedules 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 14 in so far 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

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 1983, 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

Freedom of Information Act 2014 (30/2014)

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

Local Government Reform Act 2014 (1/2014)

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

Land And Conveyancing Law Reform Act 2009 (27/2009)

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

Housing (Miscellaneous Provisions) Act 2004 (43/2004)

Health Act 2004 (42/2004)

Civil Registration Act 2004 (3/2004)

Planning and Development (Amendment) Act 2002 (32/2002)

Housing (Miscellaneous Provisions) Act 1997 (21/1997)

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

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 (Miscellaneous Provisions) Act 2002 (Commencement) (No. 3) Order 2006 (S.I. No. 391 of 2006)

Housing (Mortgage Subsidy) Regulations 2005 (S.I. No. 914 of 2005)

Housing (Miscellaneous Provisions) Act, 2002 Commencement (No. 2) Order 2002 (S.I. No. 329 of 2002)

Housing (Miscellaneous Provisions) Act 2002 (Commencement) Order 2002 (S.I. No. 163 of 2002)

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 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

REVISED

Updated to 12 September 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Regulations.

4.

Repeals.

PART 2

Affordable and Shared Ownership Housing Schemes

5.

Definitions.

6.

Provision of affordable houses. (Repealed)

7.

Subsidy towards housing loan charges.

8.

Allocation of affordable houses. (Repealed)

9.

Control on resale of affordable houses. (Repealed)

10.

Shared ownership lease: purchase of interest of housing authority in house or sale of house. (Repealed)

PART 3

Miscellaneous

11.

New house grants.

12.

Assistance by Minister to approved bodies.

13.

Provision of information to Minister by mortgage lenders.

14.

Amendment of section 58 of Principal Act (Management and control of certain dwellings, etc.).

15.

Amendment of section 90 of Principal Act (Power of housing authority to sell certain dwellings).

16.

Amendment of section 23 of Act of 1992.

17.

Amendments to Housing Finance Agency Act, 1981.

18.

Amendment of section 54 of Finance Act, 1970.

19.

Amendment of First Schedule to National Treasury Management Agency Act, 1990.

20.

Amendment of Housing (Private Rented Dwellings) Act, 1982.

21.

Amendment of section 10 of Housing (Miscellaneous Provisions) Act, 1992.

22.

Amendment to section 25 of the Dublin Docklands Development Authority Act, 1997.

23.

Amendments to Building Societies Act, 1989.

24.

Amendment to Criminal Justice (Public Order) Act, 1994.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Schedule to Housing Finance Agency Act, 1981

SCHEDULE 3

Amendments to Building Societies Act, 1989

Acts Referred to

Borrowing Powers of Certain Bodies Act, 1996

1996, No. 22

Building Societies Act, 1989

1989, No. 17

Central Bank Act, 1997

1997, No. 8

Companies Acts, 1963 to 2001

Criminal Justice (Public Order) Act, 1994

1994, No. 2

Dublin Docklands Development Authority Act, 1997

1997, No. 7

Finance Act, 1970

1970, No. 14

Finance Act, 1983

1983, No. 15

Finance Act, 1997

1997, No. 22

Freedom of Information Act, 1997

1997, No. 13

Harbours Act, 1946

1946, No. 9

Harbours Act, 1996

1996, No. 11

Health Act, 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act, 1999

1999, No. 13

Housing Act, 1966

1966, No. 21

Housing Act, 1988

1988, No. 28

Housing Acts, 1966 to 1998

Housing Finance Agency Act, 1981

1981, No. 37

Housing Finance Agency (Amendment) Act, 1985

1985, No. 20

Housing (Miscellaneous Provisions) Act, 1979

1979, No. 27

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Housing (Private Rented Dwellings) Act, 1982

1982, No. 6

Housing (Traveller Accommodation) Act, 1998

1998, No. 33

Local Government (Sanitary Services) Acts, 1878 to 1995

Local Government Act, 2001

2001, No. 37

National Treasury Management Agency Act, 1990

1990, No. 18

Nítrigin Éireann Teoranta Act, 2001

2001, No. 21

Roads Act, 1993

1993, No. 14

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Vocational Education Acts, 1930 to 1999

Waste Management Acts, 1996 and 2001

Water Supplies Act, 1942

1942, No. 1


Number 9 of 2002


HOUSING (MISCELLANEOUS PROVISIONS) ACT 2002

REVISED

Updated to 12 September 2018


AN ACT TO PROVIDE FOR THE MAKING AVAILABLE, AND RESALE, OF AFFORDABLE HOUSES, TO PROVIDE FOR THE PURCHASE OF THE INTEREST OF A HOUSING AUTHORITY IN A HOUSE WHICH IS SUBJECT TO A SHARED OWNERSHIP LEASE AND THE SALE OF SUCH A HOUSE, TO PROVIDE FOR THE MAKING OF GRANTS IN RESPECT OF NEW HOUSES AND TO APPROVED BODIES, TO PROVIDE FOR THE GIVING OF CERTAIN INFORMATION BY MORTGAGE LENDERS TO THE MINISTER, TO EXTEND THE POWERS AND INCREASE THE BORROWING LIMIT OF THE HOUSING FINANCE AGENCY, TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1998, THE FINANCE ACT, 1970, THE HOUSING FINANCE AGENCY ACT, 1981, TO AMEND THE HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982, THE BUILDING SOCIETIES ACT, 1989, THE NATIONAL TREASURY MANAGEMENT AGENCY ACT, 1990, THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994, AND THE DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997, AND TO PROVIDE FOR RELATED MATTERS. [10 th April, 2002]

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 (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 23(1) and (2), S.I. No. 223 of 1992; 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.

[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).

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 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.

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.

...

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

...

6

Housing Acts 1966 to 2009

...

C6

Power granted to Minister to give directions and issue guidelines under collectively cited Housing Acts (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 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 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

C9

References to “grant”, “loan subsidy” and “contribution” under collectively cited Housing Acts 1966 to 1979 construed (19.08.1988) by Housing Act 1988 (28/1988), s. 1(3), S. I. No. 199 of 1988.

Interpretation.

1. ...

(3) References in the Housing Acts, 1966 to 1979, to a grant, loan, subsidy or contribution under those Acts shall be construed as including references, respectively, to a grant, loan, subsidy or contribution under this Act.

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.

E6

Application of Housing Act 1966 (21/1966), ss. 10 and 38 to certain sums, grants, subsidies and other forms of assistance under collectively cited Housing Acts provided (19.08.1988) by Housing Act 1988 (28/1988), s. 19, S.I. No. 199 of 1988.

E7

Previous affecting provision: power of housing authority to provide dwellings and sites under collectively cited Housing Acts extended (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 19(6), S.I. No. 83 of 2011; 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.

E8

Previous affecting provision: reference to “land” construed to include substratum by Transport (Dublin Light Rail) Act 1996 (24/1996), s. 13(3), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 7(f), commenced on enactment; repealed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (51/2001), s. 3(b), commenced on enactment, subject to transitional provisions.

PART 1

Preliminary and General

Short title and commencement.

1

1.—(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 2002 .

(2) The Housing Acts, 1966 to 1998, and this Act, other than sections 17 to 20, 22, 23 and 24 and Schedules 2 and 3, may be cited together as the Housing Acts, 1966 to 2002, and shall be read together as one Act.

(3) This Act, other than section 12 , shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions or for the repeal of different enactments effected by section 4 .

Annotations:

Editorial Notes:

E9

Power pursuant to subs. (3) exercised (26.07.2006) by Housing (Miscellaneous Provisions) Act 2002 (Commencement) (No. 3) Order 2006 (S.I. No. 391 of 2006).

2. Sections 17(a), 17(b), 17(e) and Schedule 2 of the Housing (Miscellaneous Provisions) Act 2002 shall come into operation on the date of the making of this Order.

E10

Power pursuant to subs. (3) exercised (27.06.2002) by Housing (Miscellaneous Provisions) Act, 2002 Commencement (No. 2) Order 2002 (S.I. No. 329 of 2002).

2. The Housing (Miscellaneous Provisions) Act, 2002 except insofar as it has already been commenced and other than sections 4, 11, 17(a), 17(b), 17(e), schedule 1 and schedule 2 shall come into operation on the date of the making of this Order.

3. Section 4 of and the First Schedule to the Housing (Miscellaneous Provisions) Act, 2002 shall come into operation on the date of the making of this Order to the extent specified in the Schedule to this Order.

E11

Power pursuant to subsec. (3) exercised (25.04.2002) by Housing (Miscellaneous Provisions) Act 2002 (Commencement) Order 2002 (S.I. No. 163 of 2002).

2. Section 17(c) of the Housing (Miscellaneous Provisions) Act 2002 shall come into operation on the date of the making of this Order.

Interpretation.

2

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

“Act of 1992” means the Housing (Miscellaneous Provisions) Act, 1992 ;

“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 read accordingly;

“housing authority” has the meaning assigned to it by section 23 (as amended by section 16 ) of the Act of 1992;

“Minister” means the Minister for the Environment and Local Government;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“Principal Act” means the Housing Act, 1966.

(2) In this Act—

( a) a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

( b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

( c) a reference to any other enactment shall, unless the context otherwise requires, be read as a reference to that enactment as amended by or under any other enactment, including this Act.

Regulations.

3

3.—(1) The Minister may make regulations—

( a) prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations, or

( b) for the purposes of, and for the purposes of giving full effect to, this Act.

(2) Regulations made under this Act may—

( a) include any incidental, supplemental and consequential provisions that appear to the Minister to be necessary or expedient, or

( b) apply either generally or to a specified class or classes of persons or to any other matter that the Minister may consider to be appropriate and include different provisions in relation to different classes of persons.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation.

Repeals.

4

4.—Each enactment specified in column (2) of Schedule 1 is repealed to the extent specified in column (3) of that Schedule.

PART 2

Affordable and Shared Ownership Housing Schemes

Definitions.

5

5.—In this Part—

“affordable house” means a house made available for sale in accordance with this Part by a housing authority at a price less than the market value and “affordable housing” shall be read accordingly;

“market value”, in relation to a house, means the price which, in the opinion of the housing authority concerned, might reasonably be obtained in respect of such house, if sold on the open market;

“shared ownership lease” means a shared ownership lease granted by a housing authority under section 3 of the Act of 1992.

Provision of affordable houses.

6

6. F1 [ ]

Annotations:

Amendments:

F1

Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 5, S.I. No. 350 of 2018, subject to transitional provisions in s. 96.

Editorial Notes:

E12

Previous affecting provision: subss. (1A), (1B) inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 19, commenced on enactment; section repealed as per F-note above.

Subsidy towards housing loan charges.

7

7.—(1) The Minister may, with the consent of the Minister for Finance and subject to regulations that may be made by the Minister under this section, pay, out of moneys provided by the Oireachtas, a subsidy towards the loan charges incurred by a person to whom a housing authority makes a loan for the purchase of an affordable house.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following:

( a) the amount of a subsidy, the conditions under which it may be paid and the manner of its payment, including payment by instalments;

( b) the payment to the housing authority making the loan of a subsidy on behalf of the person to whom it is payable under subsection (1) and the conditions under which it is paid to the housing authority;

( c) the class or classes of persons to whom a subsidy may be paid;

( d) requirements in relation to the family, income and other financial circumstances of a person to whom a subsidy may be paid;

( e) the period within which application for a subsidy shall be made;

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

Annotations:

Modifications (not altering text):

C10

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

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

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 9 of 2002

Housing (Miscellaneous Provisions) Act 2002

Sections 7, 11 and 12

...

...

...

Editorial Notes:

E13

Power pursuant to section exercised (30.12.2005) by Housing (Mortgage Subsidy) Regulations 2005 (S.I. No. 914 of 2005).

Allocation of affordable houses.

8

8. F2 [ ]

Annotations:

Amendments:

F2

Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 5, S.I. No. 350 of 2018, subject to transitional provisions in s. 96.

Control on resale of affordable houses.

9

9. F3 [ ]

Annotations:

Amendments:

F3

Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 5, S.I. No. 350 of 2018, subject to transitional provisions in s. 96.

Editorial Notes:

E14

Previous affecting provision: interest was payable on certain sums due under section as provided by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 33(1)(e), not commenced as of date of revision.

E15

Previous affecting provision: subs. (3A)(c) amended (1.12.2009) by Land And Conveyancing Law Reform Act 2009 (27/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009; section repealed as per F-note above.

E16

Previous affecting provision: subs. (3A) inserted (12.12.2004) by Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 1, commenced on enactment; section repealed as per F-note above.

Shared ownership lease: purchase of interest of housing authority in house or sale of house.

10

10. F4 [ ]

Annotations:

Amendments:

F4

Repealed (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1 item 5, S.I. No. 350 of 2018, subject to transitional provisions in s. 96.

Editorial Notes:

E17

Previous affecting provision: interest was payable on certain sums due under section as provided by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 33(1)(e), not commenced as of date of revision.

PART 3

Miscellaneous

New house grants.

11

11.—(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 in respect of a new house.

(2) Without prejudice to the generality of subsection (1), regulations made under this section may provide for all or any of the following:

( a) the class or classes of person to whom a grant may be paid;

( b) the amount of a grant including the payment of different amounts in different circumstances and subject to those conditions that the Minister may prescribe, including conditions relating to:

(i) standards of construction of houses and the provision of water, sewerage and other services;

(ii) the efficient consumption of energy, including the use of renewable forms of energy;

(iii) sustainable building practices, including the use of recycled or re-usable building materials and the storage, removal, recycling or re-use of builder's waste;

( c) eligibility criteria, including criteria in relation to:

(i) the occupation of the house;

(ii) payment of a grant to persons who have previously purchased or built another house for occupation by them;

(iii) the family, income or other financial circumstances of a person applying for a grant;

(iv) the information and documentation required to be provided by a person applying for a grant;

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

( d) the total floor area of the house determined in the prescribed manner.

(3) Compliance with the conditions referred to in subsection (2)(b)(i) is a condition precedent to the making of a grant under this section.

Annotations:

Modifications (not altering text):

C11

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

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

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 9 of 2002

Housing (Miscellaneous Provisions) Act 2002

Sections 7, 11, and 12

...

...

...

Assistance by Minister to approved bodies.

12

12.—(1) The Minister may, with the consent of the Minister for Finance, pay out of moneys provided by the Oireachtas, a grant in respect of the administrative and general expenses of a body to which this section applies and standing approved of by the Minister for the purposes of this section.

(2) This section applies to a body which—

( a) represents or promotes the formation of co-operative or voluntary groups or associations which have as an object the provision of—

(i) houses, or

(ii) sites (within the meaning of the Housing (Traveller Accommodation) Act, 1998 ) for the accommodation of travellers (within the meaning of that Act),

or

( b) provides information, advice or training or conducts research in relation to housing including housing needs, standards, management, finance or any other aspect of housing policy either generally or in relation to a particular class or classes of persons that the Minister may specify, in particular, elderly persons, persons with a disability, homeless persons (within the meaning of the Housing Act, 1988) or travellers (within the meaning of the Housing (Traveller Accommodation) Act, 1998).

(3) A grant made under this section shall be subject to the terms and conditions that may be determined by the Minister from time to time.

(4) This section shall be deemed to have come into operation on 1 January 2001.

Annotations:

Modifications (not altering text):

C12

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

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

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 9 of 2002

Housing (Miscellaneous Provisions) Act 2002

Sections 7, 11 and 12

...

...

...

Provision of information to Minister by mortgage lenders.

13

13.—(1) In this section “mortgage lender” has the same meaning as in the Central Bank Act, 1997.

(2) The Minister may, from time to time, in the interests of consumer protection or for the purposes of his or her functions in relation to housing or the development and co-ordination of housing policy or relevant financial and economic policies, require mortgage lenders to provide to the Minister such information as the Minister specifies, including the following:

( a) in respect of a person to whom a mortgage lender has granted approval for a mortgage or granted a mortgage, his or her age, gender, F5 [ civil status within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] and income level, the nature of his or her employment and whether the person is a first time buyer;

( b) the purpose, amount, type and term of the mortgage and the applicable rate of interest;

( c) the price, age, size and type of house in respect of which a mortgage is sought and its location by reference to the relevant country or, where the house is located in the State, the relevant county or postal district.

(3) The information referred to in subsection (2)

( a) shall be provided at the times and in the form and manner that the Minister requires, and

( b) shall not include information that directly identifies or may identify a person and, in particular, it shall not include the names, dates of birth or addresses of persons in respect of whom information is requested or provided.

(4) ( a) Subject to subsection (5), where information is provided to the Minister under this section, the information shall not be disclosed by any person receiving, inputting, storing, managing, processing, analysing, accessing or using the information, except in accordance with any arrangements that may be made by the Minister with the mortgage lenders concerned.

( b) Information that is provided to the Minister under this section or that is derived from an analysis of such information shall not be disclosed where it directly or indirectly identifies or may identify a person or mortgage lender.

(5) Subsection (4) shall not apply to a disclosure of information which is required by or under any enactment or by a rule of law or order of a court.

(6) The Freedom of Information Act, 1997, is amended in Part I of the Third Schedule by inserting—

( a) in column (1), “ No. — of 2002”,

( b) in column (2), “ Housing (Miscellaneous Provisions) Act, 2002 ”, and

( c) in column (3), “ Section 13 ”.

Annotations:

Amendments:

F5

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch., S.I. No. 648 of 2010.

Modifications (not altering text):

C13

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

Part 1

Statutes

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 9 of 2002

Housing (Miscellaneous Provisions) Act 2002

Section 13

...

...

...

Amendment of section 58 of Principal Act (Management and control of certain dwellings, etc.).

14

14.—Section 58 of the Principal Act is amended—

( a) by inserting the following after subsection (1):

“(1A) The management and control of the common areas appurtenant to a dwelling and provided by a housing authority under this Act are not required to be vested in the housing authority under subsection (1) of this section.

(1B) A housing authority may perform management and control functions vested in it under subsection (1) of this section in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling.”,

and

( b) by inserting the following after subsection (3):

“(3A) Without prejudice to the generality of subsection (3) of this section, charges made under that subsection may include—

( a) charges relating to the provision of services to, and the insurance of, a dwelling and other charges relating to the management and control of the dwelling, or

( b) any other charges that may be prescribed under this section in relation to:

(i) the management and control of common areas appurtenant to a dwelling, where those common areas are also used by the occupants of other dwellings;

(ii) the provision of services where those services are also provided to the occupants of other dwellings.

(3B) A housing authority may make such charge under subsection (3) of this section, whether by way of rent or otherwise, as it considers appropriate, in respect of any dwelling of which the housing authority is not the owner and which is provided under a contract or lease between the housing authority and the owner of the dwelling.”.

Annotations:

Amendments:

F6

Repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, subject to transitional provisions in s. 96, not commenced as of date of revision.

Modifications (not altering text):

C14

Prospective affecting provision: section repealed by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 7 and sch. 1, subject to transitional provisions in s. 96, not commenced as of date of revision.

14. F6 [ ]

Amendment of section 90 of Principal Act (Power of housing authority to sell certain dwellings).

15

15.—Section 90 (inserted by the Act of 1992) of the Principal Act is amended by inserting the following after subsection (6)—

“(6A) Where a dwelling is sold to a tenant under a purchase scheme, the housing authority shall not be liable after the date of sale for any charges payable in respect of the dwelling relating to:

( a) the provision of services to and the insurance of the dwelling and other charges relating to the management and control of the dwelling;

( b) the management and control of common areas appurtenant to the dwelling, where those common areas are also used by the occupants of other dwellings;

( c) the provision of services where those services are also provided to the occupants of other dwellings.”.

Amendment of section 23 of Act of 1992.

16

16.—Section 23 of the Act of 1992 is amended—

( a) by substituting the following for subsections (1) and (2):

“(1) Subject to subsections (2) and (3), a reference in the Housing Acts, 1996 to 2002, to a housing authority means, in the case of—

( a) a county, the county council,

( b) a city, the city council,

( c) a borough mentioned in Chapter 1 of Part 1 of Schedule 6 to the Act of 2001, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 8 of the Act of 1988,

(iii) sections 2 to 4 and sections 6 and 7 of this Act, and

(iv) Part 2 of the Housing (Miscellaneous Provisions) Act, 2002 ,

the borough council and, as respects each of those sections, the county council in whose administrative area the borough is situate,

( d) a town mentioned in Chapter 2 of Part 1 of Schedule 6 to the Act of 2001, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 8 and 16 of the Act of 1988,

(iii) sections 2 to 4 and sections 6, 7 and 11 of this Act, and

(iv) Part 2 of the Housing (Miscellaneous Provisions) Act, 2002 ,

the town council and, as respects each of those sections, the county council in whose administrative area the town is situate,

( e) a town mentioned in Part 2 of Schedule 6 to the Act of 2001, except as respects—

(i) sections 34 to 36 and section 41 of the Principal Act,

(ii) section 6 of the Act of 1979,

(iii) sections 2 and 6, sections 8 to 10 and sections 13 and 16 of the Act of 1988,

(iv) sections 2 to 7, sections 10 to 12, and sections 14, 17, 18, 20, 34 and 35 of this Act, and

(v) Part 2 of the Housing (Miscellaneous Provisions) Act, 2002 ,

the town council and, as respects each of those sections, the county council in whose administrative area the town is situate,

and references to the functional area of a housing authority shall be construed accordingly.

(2) A reference in the Housing Acts, 1966 to 2002, to a housing authority means, in the case of—

( a) the boroughs of Drogheda, Sligo and Wexford, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 8 of the Act of 1988, and

(iii) sections 6 and 7 of this Act,

the respective borough councils and, as respects each of those sections, the respective county councils in whose administrative areas those boroughs are situate,

( b) the town of Bray, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 8 of the Act of 1988,

(iii) sections 2 to 4 and sections 6 and 7 of this Act, and

(iv) Part 2 of the Housing (Miscellaneous Provisions) Act, 2002 ,

the town council and, as respects each of those sections, the county council in whose administrative area that town is situate,

( c) the towns of Athlone and Dundalk, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 8 of the Act of 1988, and

(iii) sections 6 and 7 of this Act,

the respective town councils and, as respects each of those sections, the respective county councils in whose administrative areas those towns are situate,

and references to the functional area of those housing authorities shall be construed accordingly.”,

and

( b) by inserting the following after subsection (4):

“(5) In this section ‘Act of 2001’ means the Local Government Act, 2001 .”.

Amendments to Housing Finance Agency Act, 1981.

17

17.—The Housing Finance Agency Act, 1981 (as amended by the Act of 1992), is amended—

( a) in section 4(2), by substituting the following for paragraphs ( b) and ( c)—

“( b) to provide moneys to enable such loans to be made by housing authorities,

( c) to provide moneys—

(i) to local authorities to be used by them for any capital purpose authorised by or under any enactment mentioned in the Schedule to this Act;

(ii) to a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , to be used by it in respect of the provision or management of housing accommodation as provided for in that section or in respect of other matters in relation to housing that may be determined by the Minister with the consent of the Minister for Finance, including the acquisition of land by such a body,

and

( d) to borrow money for the aforesaid purposes.”,

( b) in section 5—

(i) in paragraph ( a), by deleting “or”,

(ii) in paragraph ( b), by substituting “,” for “.”, and

(iii) by inserting the following after paragraph ( b):

“( c) a local authority, to be used by it for any capital purpose authorised by or under any enactment mentioned in the Schedule to this Act, or

( d) a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , to be used by it in respect of the provision or management of housing accommodation as provided for in that section or in respect of other matters in relation to housing that may be determined by the Minister with the consent of the Minister for Finance, including the acquisition of land by such a body.”,

( c) in section 10(3), by substituting “€6,000,000,000” for “£1,500,000,000”,

( d) by inserting the following after section 10:

“Performance of borrowing function of Agency by National Treasury Management Agency.

10A.—(1) In this section ‘National Treasury Management Agency’ means the National Treasury Management Agency established by the National Treasury Management Agency Act, 1990 .

(2) ( a) Subject to the prior consent of the Minister for Finance, the Agency may request the National Treasury Management Agency to perform, on its behalf, its borrowing functions under—

(i) subsections (1), (1A) (inserted by the Housing Finance Agency (Amendment) Act, 1985 ) and (2) of section 10 of this Act, and

(ii) section 3 of the Borrowing Powers of Certain Bodies Act, 1996 .

( b) Where a request is made under paragraph ( a) of this subsection, the National Treasury Management Agency shall perform those borrowing functions on behalf of the Agency.

( c) The National Treasury Management Agency shall exercise the function of the Agency in relation to the management of the indebtedness of the Agency incurred by the Agency under the provisions referred to in paragraph ( a) of this subsection on the terms and conditions that may be agreed by the National Treasury Management Agency with the Agency.

(3) The Minister for Finance may revoke his or her consent given under subsection (2) of this section.

Advances of moneys to Agency by Minister for Finance.

10B.—(1) The Minister for Finance may advance moneys from the Central Fund or the growing produce thereof to the Agency, on such terms and conditions as that Minister thinks fit, for the purposes of borrowing by the Agency under section 10(1) of this Act.

(2) Advances under subsection (1) of this section shall be repaid to the Exchequer subject to the terms and conditions that the Minister for Finance may determine.”,

and

( e) by inserting after section 18 the Schedule set out in Schedule 2.

Amendment of section 54 of Finance Act, 1970.

18

18.Section 54 of the Finance Act, 1970, is amended by inserting the following after subsection (7) (inserted by the Finance Act, 1983 ):

“(7A) The Minister for Finance may engage in such transactions of a normal banking nature with the Housing Finance Agency and with other persons—

( a) in connection with the performance by the Housing Finance Agency of its borrowing function under—

(i) subsections (1), (1A) (inserted by the Housing Finance Agency (Amendment) Act, 1985 ) and (2) of section 10 of the Housing Finance Agency Act, 1981 , and

(ii) section 3 of the Borrowing Powers of Certain Bodies Act, 1996 ,

and

( b) for the purposes of the better management of the indebtedness incurred by the Housing Finance Agency under the provisions referred to in paragraph ( a),

and may, for the purpose of those transactions, issue such funds from the Exchequer, as the Minister for Finance considers appropriate, and the expenses and other costs incurred by the Minister for Finance in connection with or arising out of those transactions shall be charged on the Central Fund or the growing produce thereof.”.

Amendment of First Schedule to National Treasury Management Agency Act, 1990.

19

19.—The First Schedule to the National Treasury Management Agency Act, 1990 , is amended—

( a) by inserting the following after paragraph ( gg) (inserted by section 163 of the Finance Act, 1997):

“( ggg) section 54(7A) (inserted by the Housing (Miscellaneous Provisions) Act, 2002 ) (in so far as the provision relates to the engagement in certain transactions of a normal banking nature) of the Finance Act, 1970,”,

and

( b) by inserting the following after paragraph ( q) (inserted by the Nítrigin Éireann Teoranta Act, 2001):

“( r) section 10B (inserted by the Housing (Miscellaneous Provisions) Act, 2002 ) of the Housing Finance Agency Act, 1981,”.

Amendment of Housing (Private Rented Dwellings) Act, 1982.

20

20.—The Housing (Private Rented Dwellings) Act, 1982, is amended by inserting the following after Part III:

“PART IV

Regulations

Regulations.

28.—(1) The Minister for Social, Community and Family Affairs may, with the consent of the Minister for Finance, make regulations for the payment out of moneys provided by the Oireachtas of allowances to persons who are, on 25 July 2002, tenants of dwellings to which section 8(1) relates—

( a) whose entitlement to retain possession of the dwellings concerned subsists after 25 July 2002 by operation of law or otherwise,

( b) whose rent—

(i) is determined in accordance with such terms and conditions, or

(ii) is less than such amount,

as the Minister for Social, Community and Family Affairs may specify in those regulations,

and

( c) who would otherwise suffer hardship by reason of increases in the rents of their dwellings.

(2) Entitlement to an allowance and the amount and the payment thereof shall be subject to such terms and conditions as may be specified in the regulations.

(3) Subsections (2) and (3) of section 4 of the Social Welfare (Consolidation) Act, 1993 , shall have effect in relation to regulations under this section and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any other provisions of, or any provisions made under, that Act.

(4) Any expenses incurred by the Minister for Social, Community and Family Affairs or any other Minister in carrying this section into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.”.

Amendment of section 10 of Housing (Miscellaneous Provisions) Act, 1992.

21

21.—Section 10 (as amended by the Housing (Traveller Accommodation) Act, 1998 ) of the Housing (Miscellaneous Provisions) Act, 1992 , is amended in subsection (1) by substituting the following for paragraph ( c)—

“( c) is within a one mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998 ), or any other traveller accommodation provided, managed or controlled by a housing authority under the Housing Acts, 1966 to 2002, or any traveller housing accommodation provided or managed under section 6 and the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained is of the opinion that, whether by reason of its use or occupancy or by reason of its being one of a number of such temporary dwellings or otherwise, such temporary dwelling or any occupant of the temporary dwelling—

(i) is causing a nuisance or obstruction to the occupants of that site or traveller accommodation or to the occupants of any other dwelling or dwellings within a one mile radius of that site or that traveller accommodation, or

(ii) creates a risk to the quality of water, sanitary, electrical or other services associated with that site or traveller accommodation or with any other dwelling or dwellings within a one mile radius of that site or traveller accommodation, or

(iii) obstructs or interferes with the use or enjoyment by any person of any public or private amenity or any public or private facility or the maintenance of any such amenity or facility, within a one mile radius of that site or traveller accommodation,

the housing authority concerned may serve notice on that person requiring that person, within a specified period, to remove the said temporary dwelling,”.

22

22.Section 25 of the Dublin Docklands Development Authority Act, 1997 , is amended—

( a) in subsection (7)—

(i) in paragraph ( a), by substituting “paragraph ( b) and ( c)” for “paragraph ( b)”, and

(ii) by inserting the following after paragraph ( b):

“( c) For the avoidance of doubt, a certificate issued under paragraph ( a)(ii) may include the following:

(i) in the case of a development wholly or partly for the provision of housing, a condition requiring that a percentage, not being more than 20 per cent, specified in the certificate, of houses being provided for in the development to which the certificate relates shall be provided for social or affordable housing;

(ii) a condition requiring the payment of a contribution towards any expenditure that has been, is being, or is intended to be incurred, by or on behalf of—

(I) Dublin City Council, in respect of the provision of public infrastructure and facilities that benefit or facilitate development in the area to which the planning scheme concerned relates;

(II) the Authority, in respect of the provision of public infrastructure and facilities in accordance with its functions under section 18 or to give effect to the master plan or the planning scheme concerned;

(iii) a condition relating to any matter which the Authority considers is in furtherance of the master plan or a planning scheme.”,

and

( b) by inserting the following after subsection (7):

“(8) In this section—

‘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 to or usually enjoyed with that building or part of a building, and, where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building, and ‘housing’ shall be read accordingly;

‘the provision of public infrastructure and facilities’ means—

( a) the acquisition of land,

( b) the provision of open spaces, recreational and community facilities and amenities and landscaping works,

( c) the provision of roads, places for the parking of vehicles, bridges, sewers, waste water and water treatment facilities, drains and watermains,

( d) the provision of bus corridors and bus lanes, bus interchange facilities (including car parks for those facilities), rail and light rail transport and any other infrastructure to facilitate public transport,

( e) the provision of cycle and pedestrian facilities and traffic calming measures,

( f) the refurbishment, upgrading, enlargement or replacement of roads, places for the parking of vehicles, bridges, sewers, waste water and water treatment facilities, drains or watermains, and

( g) any matters ancillary to paragraphs ( a) to ( f).”.

Amendments to Building Societies Act, 1989.

23

23.—The Building Societies Act, 1989, is amended to the extent specified in Schedule 3.

Amendment to Criminal Justice (Public Order) Act, 1994.

24

24.—The Criminal Justice (Public Order) Act, 1994, is amended by inserting the following after Part II:

“PART IIA

Offences Relating to Entering and Occupying Land Without Consent

Interpretation (Part IIA).

19A.—(1) In this Part, except where the context otherwise requires—

‘Commissioner’ means the Commissioner of the Garda Síochána;

‘consent duly given’ means consent given by—

( a) in the case of lands referred to in subsection (2)( a), the relevant statutory body,

( b) in the case of lands referred to in subsection (2)( b), the relevant trustees, and

( c) in any other case, the owner concerned;

‘health board’ means

( a) a health board established under the Health Act, 1970,

( b) the Eastern Regional Health Authority, or

( c) an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999 ;

‘local authority’ means a county council, a city council or a town council for the purposes of the Local Government Act, 2001;

‘object’ includes any temporary dwelling (within the meaning of section 69 of the Roads Act, 1993) and an animal of any kind or description;

‘owner’ means—

( a) in relation to land, the person lawfully entitled—

(i) to possession, and

(ii) to the immediate use and enjoyment,

of the land as the owner, lessee, ten-and or otherwise, or any person acting on behalf of that person;

( b) in relation to land referred to in paragraph ( a) or ( b) of subsection (2), the relevant statutory body or trustees, as the case may be;

‘statutory body’ means—

( a) a Minister of the Government,

( b) the Commissioners of Public Works in Ireland,

( c) a local authority,

( d) a harbour authority within the meaning of the Harbours Act, 1946, or a company established pursuant to section 7 of the Harbours Act, 1996 ,

( e) a health board,

( f) a vocational education committee within the meaning of the Vocational Education Acts, 1930 to 1999,

( g) any other body established—

(i) by or under any enactment (other than the Companies Acts, 1963 to 2001), or

(ii) under the Companies Acts, 1963 to 2001, in pursuance of powers conferred by or under another enactment,

and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, and subsidiary of any such body.

(2) In this part a reference to land includes—

( a) land provided or maintained by a statutory body primarily for the amenity or recreation of the public or any class of persons (including any park, open space, car park, playing field or other space provided for recreational, community or conservation purposes) or is land within the curtilage of any public building,

( b) land held by trustees for the benefit of the public or any class of the public, and

( c) land covered by water.

Extent of application (Part IIA), etc.

19B.—(1) This Part does not apply to any public road within the meaning of the Roads Act, 1993 .

(2) This Part is without prejudice to any other enactment (including any other provision of this Act) or any rule of law.

Entry on and occupation of land or bringing onto or placing an object on land without consent.

19C.—(1) A person, without the duly given consent of the owner, shall not—

( a) enter and occupy any land, or

( b) bring onto or place on any land any object,

where such entry or occupation or the bringing onto or placing on the land of such object is likely to—

(i) substantially damage the land,

(ii) substantially and prejudicially affect any amenity in respect of the land,

(iii) prevent persons entitled to use the land or any amenity in respect of the land from making reasonable use of the land or amenity,

(iv) otherwise render the land or any amenity in respect of the land, or the lawful use of the land or any amenity in respect of the land, unsanitary or unsafe,

(v) substantially interfere with the land, any amenity in respect of the land, the lawful use of the land or any amenity in respect of the land.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) Where a member of the Garda Síochána has reason to believe that a person is committing or has committed an offence under subsection (1) the member—

( a) may demand of the person his or her name and address,

( b) may direct the person to leave the land concerned and to remove from the land any object that belongs to the person or that is under his or her control, and

( c) shall inform the person of the nature of the offence in respect of which it is suspected that person has been involved and the statutory consequences of failing to comply with a demand or direction under this subsection.

Refusing or failing to give name or address or failure to comply with direction.

19D.—Where a person—

( a) refuses or fails to give his or her name and address to a member of the Garda Síochána when demanded under section 19C, or gives to the member a name or address that is false or misleading, or

( b) fails to comply with a direction under that section,

he or she shall be guilty of an offence.

Arrest without warrant.

19E.—A member of the Garda Síochána may arrest without warrant a person—

( a) who fails or refuses to give his or her name and address when demanded under section 19C(3)( a) or gives a name or address which the member has reasonable grounds for believing is false or misleading,

( b) who fails to comply with a direction given under section 19C(3)( b), or

( c) whom the member finds committing an offence under section 19C(1).

Removal, storage and disposal of object.

19F.—(1) Where a person fails to comply with a direction under section 19C(3)( b), a member of the Garda Síochána may remove or cause to be removed any object which the member has reason to believe was brought onto or placed on the land in contravention of section 19C(1) and may store or cause to be stored such object so removed.

(2) Any person who obstructs or impedes or assists a person to obstruct or impede a member of the Garda Síochana in the execution of his or her duty under this section shall be guilty of an offence.

(3) Where an object has been removed under this section without the presence or knowledge of any person claiming to own, occupy, control or otherwise retain it, the Commissioner shall serve or cause to be served upon each such person whose name and address can be ascertained by reasonable enquiry, a notice informing the person where the object may be claimed and recovered, requiring the person to claim and recover it within one month of the date of service of the notice and informing him or her of the statutory consequences of his or her failure to do so.

(4) An object removed and stored under this section shall be given to a person claiming possession of the object if, but only if, he or she makes a declaration in writing that he or she is the owner of the object or is authorised by its owner to claim it or is, for a specified reason, otherwise entitled to possession of it and, at the discretion of the Commissioner, the person pays the amount of any expenditure reasonably incurred in removing and storing the object.

(5) The Commissioner may dispose of, or cause to be disposed of, an object removed and stored under this section if—

( a) the owner of the object fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (3) was served on him or her, or

( b) the name and address of the owner of the object cannot be ascertained by reasonable enquiry.

(6) Where the Commissioner becomes entitled to dispose of or cause to be disposed of an object under subsection (5) and the object is, in his or her opinion, capable of being sold, the Commissioner shall be entitled to sell or cause to be sold the object for the best price reasonably obtainable and upon doing so shall pay or cause to be paid to the person who was the owner of the object at the time of its removal, where the name and address of the owner can be ascertained by reasonable enquiry, a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred in its removal, storage and sale.

Penalties and proceedings.

19G.—(1) A person guilty of an offence under this Part shall be liable on summary conviction to a fine not exceeding €3,000 or to a term of imprisonment not exceeding one month or to both.

(2) In any proceedings for an offence under this Part it shall be presumed until the contrary is shown that consent under this Part was not given.

Jurisdiction of District Court.

19H.—(1) Notwithstanding any statutory provision or rule of law to the contrary, the jurisdiction of the District Court shall not, in summary proceedings in relation to an offence under this Part, be ousted by reason solely of a question of title to land being brought into issue.

(2) Where in summary proceedings in relation to an offence under this Part a question of title to land is brought into issue, the decision of a justice of the District Court in the proceedings or on the question shall not operate as an estoppel in, or a bar to, proceedings in any court in relation to the land.”.

SCHEDULE 1

Enactments Repealed

Number and Year

Enactment

Extent of Repeal

(1)

(2)

(3)

No. 21 of 1996

Housing Act, 1996

Section 11(1)( a) and (2)

No. 27 of 1979

Housing (Miscellaneous Provisions) Act, 1979

Sections 3 and 4

No. 28 of 1988

Housing Act, 1988

Sections 24 and 25

No. 33 of 1998

Housing (Traveller Accommodation) Act, 1998

Section 28

SCHEDULE 2

Schedule to Housing Finance Agency Act, 1981

“SCHEDULE

Housing Acts, 1966 to 2002

Local Government (Sanitary Services) Acts, 1878 to 1995

Waste Management Acts, 1996 and 2001

Water Supplies Act, 1942”.

SCHEDULE 3

Amendments to Building Societies Act, 1989

Number

Provision affected

Amendment

1.

Section 23

( a) In subsection (1):

(i) in paragraph ( e), delete “and”;

(ii) in paragraph ( f), substitute “;” for “.”;

(iii) insert the following after paragraph ( f):

“( g) commercial loans before the mortgage has been created and guarantees in lieu of such loans, and

( h) loans secured by cash or in relation to which the society has rights of set-off against cash.”.

( b) In subsection (2):

(i) in paragraph ( a), delete “and” where it occurs for the second time;

(ii) in paragraph ( b), substitute “, and” for “.”;

(iii) insert the following after paragraph ( b):

“( c) any other conditions that the Bank considers appropriate.”.

2.

Section 25

In subsection (1):

( a) substitute the following for paragraphs ( b) and ( c):

“( b) an assessment shall not be made by a person who is disqualified under this section from making an assessment,

( c) where a borrower takes out a loan, secured against a particular security, for the first time—

(i) in relation to such security, or

(ii) with the building society concerned,

a written report shall be made on the value of the security and any factors which may affect its value by a person who is competent to value and who is not disqualified under this section from making a report on the security concerned,

( d) where any further loan is taken out by the same borrower secured against the same security, a building society shall establish such procedures as it considers appropriate for assessing the value of the security for the loan concerned.”;

( b) delete “but the arrangements need not require each report to be made with a view to a particular assessment so long as it is adequate for the purpose of making the assessment”.

3.

Section 29

In subsection (2)( b), insert “other than guarantees referred to in section 23(1)( g)” after “indemnities,”.

4.

Section 34

In subsection (1), insert “and for such other purposes as the Central Bank may from time to time approve” after “business”.

5.

Section 40

In subsection (2), substitute the following for subparagraphs (i), (ii) and (iii):

“(i) the carrying on of the ordinary business of a building society,

(ii) the making of payments to which subparagraph (i) does not relate,

(iii) the acquisition or disposal of other assets or liabilities,”.

6.

Section 53

( a) In subsection (8), substitute “Subject to subsection (8A), the provisions of this section apply” for “The provisions of this section apply”.

( b) Insert the following after subsection (8):

“(8A) Subsection (8) shall not apply to any transaction or arrangement made by a society for a person connected with a director of the society where—

( a) it is entered into by the society in the ordinary course of its business, and

( b) its value is not greater, and its terms no more favourable, in respect of the person for whom it is made, than that or those which—

(i) the society ordinarily offers, or

(ii) it is reasonable to expect the society to have offered,

to or in respect of a person of the same financial standing but unconnected with the society.”.

7.

Section 57

In subsection (2), substitute the following for paragraph ( c):

“( c) any loan, if the loan is made for or towards the purchase or improvement of a house used or to be used as the director's only or main residence and provided that—

(i) loans of that description and on similar terms are ordinarily made to employees of the society, and

(ii) it is reasonable to expect the society to have offered a similar loan to or in respect of a person of the same financial standing as the director but unconnected with the society.”.

8.

Section 59

( a) Insert the following after subsection (1):

“(1A) Subsection (1) shall not require a building society to keep in its register a copy of a transaction or arrangement made for a connected person if—

( a) it is entered into by the society in the ordinary course of its business, and

( b) its value is not greater, and its terms no more favourable, in respect of the person for whom it is made, than that or those which—

(i) the society ordinarily offers, or

(ii) it is reasonable to expect the society to have offered,

to or in respect of a person of the same financial standing but unconnected with the society.”.

( b) Insert the following after subsection (3):

“(3A) Subsection (3) shall not require the inclusion in the statement of particulars of any transaction or arrangement if—

( a) it is entered into by the society in the ordinary course of its business, and

( b) its value is not greater, and its terms no more favourable, in respect of the person for whom it is made, than that or those which—

(i) the building society ordinarily offers, or

(ii) it is reasonable to expect the building society to have offered,

to or in respect of a person of the same financial standing but unconnected with the building society.”.

9.

Section 77

( a) In subsection (1)( c), substitute “a cash flow statement” for “a statement of the source and application of funds”.

( b) In subsection (2), substitute “and in respect of the society and its subsidiaries, group accounts dealing respectively with the income and expenditure, the state of the affairs and the manner in which the society and its subsidiaries have been financed and their financial resources have been used, during that year” for “, group accounts dealing respectively with the income and expenditure, the state of the affairs and the source and application of the funds, of the society and the subsidiaries”.

( c) In subsection (4), substitute “a cash flow statement” for “a statement of the source and application of funds”.

( d) In subsection (6), substitute “the cash flow statement” for “the statement of the source and application of funds”.

10.

Section 81

In subsection (2), substitute “the cash flow statement” for “the statement of the source and application of funds”.

11.

Section 88

In subsection (3)( e)(iii), substitute “in the case of the cash flow statement” for “in the case of the statement of source and application of funds”.

12.

Part XI

Insert the following section after section 101A (inserted by the Central Bank Act, 1997):

“Joint shareholders.

101B.—Where members of a society are entitled, under section 101A, to shares in the successor company, in the case of shares jointly held in the society—

( a) the final share documentation which indicates ownership of the shares, and

( b) documentation which gives an option to purchase further shares in the successor company,

shall issue in the names of all members of that joint shareholding.”.