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Housing Finance Agency Act 1981
Loans and advances for acquisition and construction of houses.
F15[5.—The Agency may, subject to such terms and conditions as from time to time stand approved of under this section by both the Minister and the Minister for Finance, advance moneys to—
(a) a housing authority to be used by them for any purpose authorised by or under the Housing Acts, 1966 to 1992, F16[…]
(b) the National Building Agency Limited (being the body so referred to in the National Building Agency Limited Act, 1963) for use by them for any lawful purpose in connection with the provision or improvement of housing or services related thereto or in substitution for funds borrowed by them for such purposes and still outstanding F17[,]]
F18[(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 F19[Act, or] F20[…]
F21[(ca) the Local Government Management Agency, to be used by it for the purpose of the performance of its functions,]
(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 F19[body.]]
F22[(e) F23[…]]
F24[F25[(f) 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 and, other than in the case of an institution of higher education referred to in subparagraph (i) or (ii) of section 53 (1)(a) of the Act of 2022, only with the prior consent in writing of the Minister for Further and Higher Education, Research, Innovation and Science,]
(g) the Housing Agency, to be used by it for the purpose of the performance of its functions with the approval of both the Minister and the Minister for Public Expenditure and Reform, in accordance with such terms and conditions relating to the acquisition of houses as stand approved of for the purposes of F26[this section, or]]
F27[(h) 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 with the approval of both the Minister and the Minister for Public Expenditure and Reform.]
Annotations
Amendments:
F15
Substituted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 29(a), S.I. No. 223 of 1992.
F16
Deleted (26.07.2006) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 17(b)(i), S.I. No. 391 of 2006.
F17
Substituted (26.07.2006) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 17(b)(ii), S.I. No. 391 of 2006.
F18
Inserted (26.07.2006) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 17(b)(iii), S.I. No. 391 of 2006.
F19
Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 24(b)(i), (ii), S.I. No. 450 of 2021.
F20
Deleted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 pt. 2 item 2(a), S.I. No. 350 of 2018.
F21
Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 58(b), S.I. No. 404 of 2014.
F22
Inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 pt. 2 item 2(c), S.I. No. 350 of 2018.
F23
Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 24(b)(iii), S.I. No. 270 of 2017.
F24
Inserted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 51(d), S.I. No. 270 of 2017.
F25
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 131(b), S.I. No. 554 of 2022.
F26
Substituted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 31(b)(ii), S.I. No. 143 of 2022.
F27
Inserted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 31(b)(iii), S.I. No. 143 of 2022.
Modifications (not altering text):
C3
Application of section restricted by Land Development Agency Act 2021 (26/2021), s. 32A(1), as inserted (6.03.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 69, commenced on enactment.
Further provision relating to funding of Agency
32A. (1) Notwithstanding sections 25 to 29, section 42B of the National Treasury Management Agency (Amendment) Act 2014 and section 5 of the Housing Finance Agency Act 1981, the Agency and any subsidiary DAC may from time to time also raise funds—
(a) by its or their performance of the functions of the Agency under paragraph (j), (n) or (o) of section 14(1), or
(b) through arrangements referred to in section 6(2)(c) or 42 of the Affordable Housing Act 2021 or as the owner of a dwelling which is designated as a cost rental dwelling within the meaning of Part 3 of that Act.
...
C4
Functions transferred and references to “Minister for Finance” construed as “Minister for Public Expenditure and Reform” (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1, in operation as per art. 1(2).
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
...
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. 37 of 1981 |
Housing Finance Agency Act 1981 |
Sections 3, 5, 6(1), 7, 8, 9, 13(2) and 14 |
|
... |
Editorial Notes:
E5
The amendment of para. (d) (3.07.2017) by the Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 51, S.I. No. 270 of 2017 cannot be made as it depended on the commencement of the amendment of that same paragraph (12.09.2018) by the Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 2 item 2, S.I. No. 350 of 2018.
E6
Previous affecting provision: para. (f) amended (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 31(b)(i), S.I. No. 143 of 2022; substituted (10.11.2022) as per F-note above.
E7
Previous affecting provision: para. (d) amended (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 pt. 2 item 2(b), S.I. No. 350 of 2018; substituted (3.09.2021) as per F-note above.
E8
Previous affecting provision: para. (e) amended (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 51(d), S.I. No. 270 of 2017; deleted (3.09.2021) as per F-note above.
E9
Previous affecting provision: subss. (1)(b) and (2) substituted (8.02.1988 with retrospective effect from 1.07.1987) by Housing Finance Agency (Amendment) Act 1988 (1/1988), s. 2(1)(a), (b), commenced as per s. 2(2); section substituted (1.09.1992) as per F-note above.