Residential Tenancies Act 2004

Dispute Resolution Committee.

159

159.—(1) There shall be delegated to the Dispute Resolution Committee by the Board such of the functions of the Board under Part 6 (except those under sections 109 F281 [ ] and 124) as the Board determines; functions under that Part may not be delegated to any other committee established under section 157 .

F282 [ (2) The Dispute Resolution Committee shall consist of not more than 45 members which shall include the chairperson of the Dispute Resolution Committee. ]

(3) A member of the Board shall not be eligible for appointment as a member of the Dispute Resolution Committee F283 [ ].

F284 [ (3A) When the member of the Board ceases to be the chairperson of the Board he or she shall also cease to be chairperson of the Dispute Resolution Committee. ]

(4) The members of the Dispute Resolution Committee shall be appointed by the Board after consultation with the Minister.

(5) The Board, after consultation with the Minister, shall appoint a member of the Dispute Resolution Committee as chairperson of the Committee; that member must be a person who is also a member of the Board.

(6) The Dispute Resolution Committee shall adopt, subject to the approval of the Board and the Minister, rules and procedures for the conduct of its meetings and the performance of its functions generally.

(7) A member of staff of the Board shall act as secretary to the Dispute Resolution Committee.

Annotations

Amendments:

F281

Deleted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 13, S.I. No. 266 of 2018.

F282

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 69(1)(a), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F283

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 69(1)(b), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F284

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 69(1)(c), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

Modifications (not altering text):

C67

Prospective affecting provision: subs. (1) amended by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 13, not commenced as of date of revision.

159.—(1) There shall be delegated to the Dispute Resolution Committee by the Board such of the functions of the Board under Part 6 (except those under sections 109 F281 [ ] and 124) as the Board determines; functions under that Part may not be delegated to any other committee established under section 157 .

C68

Application of subss. (3), (4) and (5) restricted (28.01.2009) by Residential Tenancies (Amendment) Act 2009 (2/2009), s. 2, commenced on enactment.

Validation of appointments to Dispute Resolution Committee and related matters.

2.— (1) Notwithstanding any contravention of subsection (3), (4) or (5) of section 159 of the Principal Act—

( a) every appointment, or purported appointment, to the Dispute Resolution Committee made before the passing of this Act shall be deemed to have been validly made, and

( b) each Tenancy Tribunal constituted, or purporting to have been constituted, under section 102 of the Principal Act before the passing of this Act shall be deemed to have been validly constituted.

(2) Every act done, or purporting to have been done, by the Dispute Resolution Committee or a Tenancy Tribunal before the passing of this Act, that would, but for this subsection, be invalid by reason only of a contravention of subsection (3), (4) or (5) of section 159 of the Principal Act, shall be, and be deemed always to have been, valid and effectual for all purposes.

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