Housing Finance Agency Act 1981

Memorandum of association and articles of association of Agency.

4

4.—(1) Subject to subsection (2) of this section, the memorandum of association of the Agency shall be in such form consistent with this Act as shall be approved of by the Minister with the consent of the F5[Minister for Public Expenditure and Reform].

(2) The objects of the Agency stated in the memorandum of association shall include the following:

(a) to provide, by way of mortgage or charge, loans for the acquisition or construction of houses,

F6[(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, F7[…]]

F8[(iii) to the Local Government Management Agency, to be used by it for the purpose of the performance of its functions,]

F9[(iv) to an institution of higher education, to be used by it in respect of the provision or management of housing accommodation for students, including the acquisition of land by such an institution for that purpose,

(v) to the Housing Agency, to be used by it for the purpose of the performance of its functions,]

F10[(vi) to the Land Development Agency, to be used by it in the performance of its functions and for the purposes of the Land Development Agency Act 2021,]

F11[and]

F12[(ca) F13[…]]

F12[(cb) F13[…]]

F14[(d) to borrow money for the aforesaid purposes.]

(3) The articles of association of the Agency shall be in such form consistent with this Act as shall be approved of by the Minister with the consent of the F5[Minister for Public Expenditure and Reform].

(4) The memorandum of association and the articles of association of the Agency shall each be laid by the Minister before each House of the Oireachtas as soon as may be after the requirements of section 2 of this Act have been complied with.

(5) Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of the Agency shall be valid or effectual unless made with the previous approval of the Minister, given with the consent of the F5[Minister for Public Expenditure and Reform].

Annotations

Amendments:

F5

Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 62, S.I. No. 401 of 2011.

F6

Substituted (26.07.2006) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 17(a), S.I. No. 391 of 2006.

F7

Deleted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 pt. 2 item 1(a), S.I. No. 350 of 2018.

F8

Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 58(a), S.I. No. 404 of 2014.

F9

Inserted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 51(c), S.I. No. 270 of 2017.

F10

Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 31(a), S.I. No. 143 of 2022.

F11

Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 24(a)(i), S.I. No. 450 of 2021.

F12

Inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 pt. 2 item 1(b), S.I. No. 350 of 2018.

F13

Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 24(a)(ii), S.I. No. 450 of 2021.

F14

Inserted (26.07.2006) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 17(a), S.I. No. 391 of 2006.

Modifications (not altering text):

C2

Functions under subs. (2)(c) transferred and references to “Minister for Finance” construed as “Minister for Public Expenditure and Reform” (15.07.2015) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3 and sch., in operation as per art. 1(2).

...

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.

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Schedule

Number and Year (1)

Short Title (2)

Provision (3)

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No. 2 of 1930

Housing Finance Agency Act 1981

Section 4(2)(c)

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Editorial Notes:

E3

Previous affecting provision: subs. (2)(ca) and (cb) inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 pt. 2 item 1(b), S.I. No. 350 of 2018; deleted (3.09.2021) as per F-note above.

E4

Previous affecting provision: functions transferred and references to “Minister for the Public Service” construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), art. 4 and sch., commenced on enactment; substituted (6.07.2011) as per F-note above.