Housing Act 1966

Making of grants by Minister notwithstanding non-compliance with statute or statutory instrument.

38

38.The Minister may, with the consent of the Minister for Finance, make a grant under this Act notwithstanding that a requirement of a statute or a statutory instrument has not been complied with in relation to the grant if a certificate of approval in respect of the relevant premises has been issued by an officer of the Minister and the Minister is satisfied that the applicant for the grant has acted in good faith in proceeding to erect, purchase, reconstruct, improve, convert or repair the premises.

Annotations:

Modifications (not altering text):

C25

Functions of Minister under section transferred (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

3. (1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.

(2) References to the Minister for Finance contained in any Act or instrument made 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

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 21 of 1966

Housing Act 1966

Sections 5(3), 38, 45(1) and 47

...

...

...

C26

Term “grant” construed (19.08.1988) by Housing Act 1988 (28/1988), by s. 19(2), S.I. No. 199 of 1988.

Application of certain sections of Part II of Principal Act.

19. ...

(2) Any reference in section 34, 35, 36 or 38 of the Principal Act to a grant shall be deemed to include reference (as may be appropriate) to a grant, subsidy or other form of assistance under the Housing Acts, 1966 to 1988, and those sections shall be construed accordingly.

C27

Application of section extended and section construed (19.08.1988) by Housing Act 1988 (28/1988), s. 19(3) and (4), S.I. No. 199 of 1988.

Application of certain sections of Part II of Principal Act.

19.— ...

(3) Section 38 of the Principal Act shall, with the consent of the Minister and with any necessary modifications, apply to a grant, subsidy or other form of assistance by a housing authority under the Housing Acts, 1966 to 1988, as it applies to a grant referred to in that section.

(4) Section 38 of the Principal Act shall apply to a grant, subsidy or other form of assistance by the Minister under the Housing Acts, 1966 to 1988, where a certificate of approval was issued by an officer of a housing authority, and the said section 38 shall be construed and have effect as if the reference therein to “ an officer of the Minister” included a reference to “ an officer of a housing authority”.

Editorial Notes:

E125

Previous affecting provision: application of section extended (26.09.1980) by Housing (Miscellaneous Provisions) Act 1979 (27/1979), s. 6(8), S.I. No. 297 of 1980; repealed (19.08.1988) by Housing Act 1988 (28/1988), s. 30(1) and sch., S.I. No. 199 of 1988 .