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.

...

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

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

C9

Certain functions conferred under Act transferred (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(1), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister: ...

Housing Act, 1966;

...

C10

Reference to “land” construed by Roads Act 1993 (14/1993), s. 52(7), as inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 5(b), commenced on enactment.

Acquisition of land and implementation of scheme.

52.— ...

[(7) For the purposes of subsection (1), any reference in section 10(1) (inserted by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, or in the Housing Act, 1966, to land shall include a reference to a substratum of land.]

C11

Application of Act extended (1.05.1997) by Dublin Docklands Development Authority Act 1997 (7/1997), s. 27(2), S.I. No. 135 of 1997.

Acquisition of land compulsorily by Authority.

27.— ...

(2) The provisions of the Housing Act, 1966, shall apply in relation to the compulsory acquisition of land under subsection (1) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

...

C12

Application of Act extended (1.01.1994) by Roads Act 1993 (14/1993), s. 19(8), S.I. No. 406 of 1993.

Specific functions of the Authority.

19.— ...

(8) The provisions of the Housing Act, 1966 shall apply in relation to the compulsory acquisition of land under subsection (7) as if it were an acquisition under Part V of that Act and for that purpose a reference to a housing authority shall be construed as a reference to the Authority.

C13

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.

C14

Reference to “grant”, “loan” and “contribution” construed (9.08.1979) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 1(2), S. I. No. 276 of 1979.

Interpretation.

1.— ...

(2) References in the Principal Act, as amended, to a grant, loan or contribution under that Act shall be construed as including references respectively to a grant, loan or subsidy under this Act.