38.— (1) Subject to subsections (3) and (4), as soon as practicable after the coming into operation of this Chapter and having regard to section 37 (1), a housing authority shall establish a body to be known as the homelessness consultative forum and shall appoint its members.

(2) The functions of a homelessness consultative forum are to provide information, views, advice or reports, as appropriate, to the management group in relation to—

(a) homelessness and the operation and implementation of the homelessness action plan in the administrative area concerned,

(b) the provisions of the draft homelessness action plan, and

(c) any proposed modification of the draft homelessness action plan pursuant to section 40 (6).

(3) Where either or both of the conditions specified in subsection (4) (a) are met or where the Minister so directs pursuant to subsection (4) (b), a housing authority shall enter into an arrangement with any other housing authority whose administrative area adjoins the administrative area of the housing authority concerned or with any other housing authority, as appropriate, to establish a joint homelessness consultative forum which shall perform the functions specified in subsection (2) in relation to the administrative areas of the housing authorities which are parties to the arrangement.

(4) (a) The conditions referred to in subsection (3) are that the housing authority considers that—

(i) a joint homelessness consultative forum would further the objectives of a homelessness action plan because of the extent or nature of homelessness in its administrative area, or

(ii) a joint homelessness consultative forum and the sharing of administrative services relating thereto would ensure the most beneficial, effective and efficient use of resources.

(b) The Minister may, where he or she considers it appropriate, direct housing authorities to enter into an arrangement pursuant to subsection (3) and the housing authorities shall comply with any such direction.

(5) In the case of an arrangement pursuant to subsection (3) for the establishment of a joint homelessness consultative forum, the housing authorities concerned shall, by agreement in writing, appoint one housing authority (in this Chapter referred to as the “responsible housing authority”) for the purposes of the performance, on behalf of the housing authorities concerned, of their functions under this Chapter.

(6) A housing authority or, in the case of a joint homelessness consultative forum, the responsible housing authority, in accordance with such directions as the Minister may give under section 41, shall appoint a chairperson of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, from the membership thereof.

(7) The chairperson appointed under subsection (6) shall also be the chairperson of the management group.

(8) The membership of the homelessness consultative forum shall comprise the following persons:

(a) one or more than one employee of the housing authority or, in the case of a joint homelessness consultative forum, one or more than one employee of each of the housing authorities concerned nominated by the housing authority or housing authorities concerned, as the case may be;

(b) one or more than one employee of the Health Service Executive nominated by the Health Service Executive;

(c) subject to such directions as the Minister may give under section 41 (1) (a), persons nominated by specified bodies, and

(d) subject to subsection (9), persons nominated by—

(i) approved bodies, and

(ii) any other bodies,

providing services to homeless persons in the administrative area or, in the case of a joint homelessness consultative forum, administrative areas concerned or the performance of whose functions may affect or relate to the provision of such services, as the housing authority or responsible authority, as the case may be, consider appropriate in accordance with such directions as the Minister may give under section 41.

(9) The number of persons referred to in subsection (8) (d) shall not exceed one half of the membership of the homelessness consultative forum or joint homelessness consultative forum, as the case may be.

(10) A homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall regulate, by standing orders or otherwise, the meetings and proceedings of the forum.

(11) The housing authority or, in the case of a joint homelessness consultative forum, the housing authorities concerned, may provide such services and support relating to the operation of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as is considered necessary by the housing authority or housing authorities, in accordance with such directions as the Minister may give under section 41.

(12) The proceedings of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall not be invalidated by any vacancies among the membership.