Housing (Miscellaneous Provisions) Act 2009

1

Short title, collective citation, construction and commencement.

1.— (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2009.

(2) The Housing Acts 1966 to 2004 and this Act (other than section 100) may be cited together as the Housing Acts 1966 to 2009 and shall be construed together as one Act.

(3) Section 100 and, in so far as it relates to that section, this section shall be construed as one with the Residential Tenancies Acts 2004 and 2009 and shall be included in the collective citation “Residential Tenancies Acts 2004 and 2009”.

(4) This Act (other than section 100) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, including the application of section 7 or 8 to different enactments specified in Schedule 1 or Schedule 2 and to different provisions of those enactments.

Annotations

Editorial Notes:

E1

Power pursuant to subs. (4) exercised (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2018 (S.I. No. 350 of 2018).

3. The 12th day of September 2018 is appointed as the day on which the following provisions of the Act of 2009 come into operation:

(a) section 7 and Schedule 1, insofar as they apply to the repeal of—

(i) sections 2 and 3 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992),

(ii) sections 98, 99 and 100 of the Planning and Development Act 2000 (No. 30 of 2000), and

(iii) sections 6, 8, 9 and 10 of the Housing (Miscellaneous Provisions) Act 2002 (No. 9 of 2002);

(b) Section 8 and Schedule 2, insofar as they apply to the amendments set out in—

(i) Part 2 of that Schedule, as respects sections 4(2) and 5 of the Housing Finance Agency Act 1981 (No. 37 of 1981),

(ii) Part 5 of that Schedule, as respects section 14 of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997) insofar as it is not already in operation, and

(iii) Part 7 of that Schedule, as respects—

(I) section 93 (other than in relation to the definition of “housing strategy”),

(II) section 94 insofar as it is not already in operation, and

(III) section 96 insofar as it is not already in operation,

of the Planning and Development Act 2000 (No. 30 of 2000).

E2

Power pursuant to subs. (4) exercised (18.06.2018) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2018 (S.I. No. 206 of 2018).

2. The 18th day of June 2018 is appointed as the day on which Part 5, other than section 79(4), of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.

E3

Power pursuant to section exercised (29.09.2014) by Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 32(5A)) Order 2014 (S.I. No. 429 of 2014).

2. The date of the making of this Order is appointed as the day on which subsection (5A) of section 32 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.

E4

Power pursuant to section exercised (15.09.2014) by Housing (Miscellaneous Provisions) Act 2009 (Commencement of Section 20(5)) Order 2014 (S.I. No. 405 of 2014).

2. The 15th day of September 2014 is appointed as the day on which subsection (5) of section 20 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) comes into operation.

E5

Power pursuant to section exercised (1.01.2012) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2011 (S.I. No. 680 of 2011).

3. The 1st day of January 2012 is appointed as the day on which the following provisions of the Act of 2009 come into operation:

(a) section 8 and Schedule 2, insofar as they apply to the amendments set out in—

(i) Part 3 of that Schedule, as respects section 12 of the Housing Act 1988 (No. 28 of 1988), and

(ii) Part 5 of that Schedule as respects subsection (2) of section 14 (insofar as it applies to a refusal to sell a dwelling under paragraph (ii), to a tenant, in the case of Part 4 of the Act of 2009) of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);

(b) section 33, insofar as it applies to the following provisions of the Act of 2009 referred to in subsection (1)(a)—

(i) subsection (4) of section 75, and

(ii) subsection (5) of section 76;

(c) other than paragraph (a) of subsection (9) of section 64, Part 4;

(d) schedule 4.

E6

Power pursuant to section exercised (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2011 (S.I. No. 83 of 2011).

2. The 1st day of April 2011 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) come into operation:

(a) section 7 and Schedule 1, insofar as they apply to the repeal of—

(i) subsection (1) of section 56 of the Housing Act 1966 (No. 21 of 1966), and

(ii) sections 9 and 20 of the Housing Act 1988 (No. 28 of 1988);

(b) section 8 and Schedule 2, insofar as they apply to the amendments set out in—

(i) Part 4 of that Schedule, as respects section 5 of the Housing (Miscellaneous Provisions) Act of 1992 (No. 18 of 1992),

(ii) Part 6 of that Schedule,

(iii) Part 7 of that Schedule, as respects—

(I) subsection (2) of section 94,

(II) the substitution of subparagraph (i) of subsection (4)(a) of section 94, and

(III) subsection (13)(a) of section 96, of the Planning and Development Act 2000 (No. 30 of 2000), and

(iv) Part 9 of that Schedule, insofar as it applies to the substitution of subparagraph (i) of paragraph (b) of the definition of “relevant purpose” in section 265 (1) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005);

(c) section 19;

(d) other than subsection (5) thereof, section 20;

(e) section 21; and

(f) subsections (1), (2), (3), (4) and (5) of section 32.

E7

Power pursuant to section exercised (14.06.2010) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2010 (S.I. No. 253 of 2010).

3. The 14th day of June 2010 is appointed as the day on which the following provisions of the Act of 2009 come into operation:

(a) section 7 and Schedule 1, insofar as they apply to the repeal of section 11 of the Housing Act 1988 (No. 28 of 1988);

(b) section 8 and Schedule 2, insofar as they apply to the amendments set out in—

(i) Part 5 of that Schedule, as respects—

(I) subsection (1) of section 14, and

(II) subsection (2) of section 14 (insofar as it applies to a refusal to sell a dwelling—

(A) under paragraph (i), to an eligible household in the case of an incremental purchase arrangement, and

(B) under paragraph (iv), to a tenant, in the case of section 90 of the Housing Act 1966),

of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);

(ii) Part 9 of that Schedule, insofar as it applies to the substitution of subparagraph (ii) of paragraph (b) of the definition of “relevant purpose” in section 265(1) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005);

(c) section 22;

(d) subsections (6), (7) and (8) of section 32;

(e) section 33, insofar as it applies to—

(i) the following provisions of the Act of 2009 referred to in subsection (1)(a)—

(I) subsection (8) of section 32,

(II) subsection (4) of section 47, and

(III) subsections (5) and (6) of section 48,

(ii) section 11 of the Act of 1992 referred to in subsection (1)(c), and

(iii) the provision referred to in subsection (1)(d); and

(f) section 34, insofar as it applies to—

(i) subsection (8) of section 32 of the Act of 2009 referred to in subsection (1)(a),

(ii) section 11 of the Act of 1992 referred to in subsection (1)(c), and

(iii) the provision referred to in subsection (1)(d).

E8

Power pursuant to section exercised (1.02.2010 and 1.01.2010) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009 (S.I. No. 540 of 2009).

3. The 1st day of January 2010 is appointed as the day on which sections 43, 44, 45, 46, 47, 48 and 49 of the Act of 2009 come into operation.

4. The 1st day of February 2010 is appointed as the day on which the following provisions of the Act of 2009 come into operation:

(a) section 8 and Schedule 2, insofar as they apply to the amendments set out in Part 4 of that Schedule as respects section 23 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992); and

(b) sections 36, 37, 38, 39, 40, 41 and 42.

E9

Power pursuant to section exercised (1.12.2009) by Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009 (S.I. No. 449 of 2009).

2. The 1st day of December 2009 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) come into operation:

(a) sections 1, 2, 3, 4, 5 and 6;

(b) section 7 and Schedule 1, insofar as they apply to the repeal of subsection (2) of section 56 of the Housing Act 1966 (No. 21 of 1966) and section 15 of the Housing Act 1988 (No. 28 of 1988);

(c) section 8 and Schedule 2, insofar as they apply to the amendments set out in—

(i) Part 1 of that Schedule, as respects—

(I) section 90, and

(II) subsection (7) of section 107, of the Housing Act 1966 (No. 21 of 1966),

(ii) Part 2 of that Schedule, as respects subsection (3) of section 10 of the Housing Finance Agency Act 1981 (No. 37 of 1981),

(iii) Part 3 of that Schedule, as respects section 13 of the Housing Act 1988 (No. 28 of 1988),

(iv) Part 4 of that Schedule, as respects—

(I) subsection (1) of section 1,

(II) section 18,

(III) the insertion of sections 18A and 18B, and

(IV) section 34, of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992), and

(v) Part 5 of that Schedule, as respects—

(I) subsection (1) of section 1 (other than in relation to the definition of “tenant”), and

(II) section 15, of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);

(d) sections 9, 10, 11, 12, and 13; and

(e) section 35.