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Housing (Miscellaneous Provisions) Act 1992

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Subsidy towards rent of houses leased by means of shared ownership leases.

4

4.—(1) Subject to such regulations as may be made by the Minister for the purposes of this section—

(a) a housing authority may pay a subsidy towards the rent of a house leased to a person under a shared ownership lease, and

(b) the Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas—

F7[(i) pay a subsidy to a housing authority towards the rent of a house leased to a person under a shared ownership lease by the authority or F8[an approved housing body], as the case may be,]

(ii) recoup to a housing authority all or part of a subsidy paid by the authority under paragraph (a).

(2) Where a subsidy is paid under subsection (1), the amount of the rent reserved under the lease shall be reduced by an amount equal to the amount of the subsidy.

(3) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:

(a) the amount of the subsidy and the manner of its determination;

(b) the amount or proportion of the subsidy that may be recouped by the Minister;

(c) the class or classes of houses in respect of which the subsidy may be paid;

(d) the class or classes of persons or households in respect of which the subsidy may be paid;

(e) requirements in relation to the financial and family circumstances of persons occupying a house in respect of which the subsidy may be paid;

(f) requirements in relation to the occupation and maintenance of a house in respect of which the subsidy may be paid;

(g) requirements in relation to the floor area of a house in respect of which the subsidy may be paid, measured in such manner as may, from time to time, be determined by the Minister;

(h) requirements in relation to standards of construction, works and repair and the availability in a house, in respect of which the subsidy may be paid, of water, sewerage and other services;

(i) the manner in and time within which an application for the subsidy shall be made;

(j) the conditions under which the subsidy may be paid;

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

Annotations

Amendments:

F7

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 18, commenced on enactment.

F8

Substituted (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 67(b), S.I. No. 728 of 2021, subject to transitional provisions in ss. 69, 70.

Modifications (not altering text):

C10

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh Chomhairleoir

23.  (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 18 of 1992

Housing (Miscellaneous Provisions) Act 1992

Sections 4, 5, 10, 11, 12, 18A, 18B, 34 and 37.

...

...

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C11

Functions as respects section transferred (1.08.1995) by Housing (Transfer of Functions) (No. 2) Order 1995 (S.I. No. 187 of 1995), art. 3, in operation as per art. 2.

3. The functions of the council of the county of Westmeath as respects sections 2 to 4 and sections 6 and 7 of the Housing (Miscellaneous Provisions) Act, 1992, are, in the case of the urban district of Athlone hereby transferred to the council of the said urban district.

4. The council of the urban district of Athlone shall, as respects the said urban district, perform the functions hereby transferred separately from the functional area of the council of the county of Westmeath.

C12

Functions as respects section transferred (1.03.1995) by Housing (Transfer of Functions) Order 1995 (S.I. No. 36 of 1995), art. 3, in operation as per art. 2.

3. The functions of the council of the county of Sligo as respects section 6 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), and sections 2 to 4 and sections 6 and 7 of the Housing (Miscellaneous Provisions) Act, 1992, are, in the case of the borough of Sligo, hereby transferred to the Mayor, Aldermen and Burgesses of Sligo.

4. The Mayor, Aldermen and Burgesses of Sligo shall, as respects the said borough, perform the functions hereby transferred separately from the functional area of the council of the county of Sligo.

C13

Functions as respects section transferred (15.06.1993) by Housing (Transfer of Functions) Order 1993 (S.I. No. 153 of 1993), art. 2.

2. The functions of the council of the county of Louth as respects sections 2 to 4 and sections 6 and 7 of the Housing (Miscellaneous Provisions) Act, 1992, are hereby transferred—

 (a) in the case of the borough of Drogheda, to the Mayor, Aldermen and Burgesses of Drogheda, and

 (b) in the case of the urban district of Dundalk, to the council of the said urban district.

Editorial Notes:

E16

Power pursuant to section exercised (30.12.2005) by Housing (Rent Subsidy) Regulations 2005 (S.I. No. 915 of 2005).

E17

Previous affecting provision: functions as respects section transferred (1.10.1993) by Housing (Transfer of Functions) (No. 2) Order 1993 (S.I. No. 284 of 1993), art. 3, in operation as per art. 2; substituted (19.05 2004) by Housing (Transfer of Functions) (No. 2) Order 1993 (Amendment) Order 2004 (S.I. No. 218 of 2004).