Housing (Regulation of Approved Housing Bodies) Act 2019

Number 47 of 2019

HOUSING (REGULATION OF APPROVED HOUSING BODIES) ACT 2019

REVISED

Updated to 1 June 2023

This Revised Act is an administrative consolidation of the Housing (Regulation of Approved Housing Bodies) Act 2019. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Social Welfare (Child Benefit) Act 2023 (13/2023), enacted 25 May 2023, and all statutory instruments up to and including the Approved Housing Bodies Regulatory Authority Superannuation Scheme 2023 (S.I. No. 339 of 2023), made 1 June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 47 of 2019

HOUSING (REGULATION OF APPROVED HOUSING BODIES) ACT 2019

REVISED

Updated to 1 June 2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Interpretation

3. Expenses

4. Review of Act

5. Giving of documents

6. Offences and penalties

PART 2

Approved Housing Bodies Regulatory Authority

7. Establishment day

8. Establishment of Approved Housing Bodies Regulatory Authority

9. Functions of Regulator

10. Grants to Regulator

11. Chief executive

12. Functions of chief executive

13. Delegation of functions of chief executive

14. Appearance of chief executive before Committee of Public Accounts

15. Accountability of chief executive to other Oireachtas Committees

16. Consultants and advisers

17. Transfer of employees of Housing Agency to Regulator

18. Staff of Regulator

19. Superannuation

20. Strategy statement

21. Accounts of Regulator

22. Reports to Minister

23. Administrative cooperation on regulatory matters

24. Information relating to offences, etc.

PART 3

Regulation of AHBs

Chapter 1

Registration

25. Eligibility criteria for application to register as AHB

26. Register of AHBs

27. Application for registration

28. Grant or refusal of registration

29. Notice of proposed decision of Regulator to refuse application

30. Right to respond to notice of proposed decision

31. Notice of decision of Regulator

32. Correction of register

33. Evidential value of entries in register

34. Certain persons deemed to be registered as AHBs

35. Prohibited conduct in relation to registration

Chapter 2

Information and records

36. Power of Regulator to require information and records

Chapter 3

Standards

37. Standards for AHBs

PART 4

Standards Assessment and Compliance Plans

38. Making a standards assessment

39. Compliance plan

40. Notice of non-compliance

41. Notice of implementation of compliance plan

42. Failure to implement compliance plan

43. Entry on register of particulars of notice of non-implementation

PART 5

Investigation

44. Definitions (Part 5)

45. Appointment of inspectors

46. Investigation into affairs of AHB

47. Investigation reports

48. Production of documents and evidence on investigation

49. Power of inspectors

50. Investigation report to be evidence

51. Offence

52. Saving for privileged information, etc.

PART 6

Intervention

Chapter 1

Transfer of Certain Dwellings and Protection of AHBs

53. Protection of tenants: requirement to transfer certain dwellings

54. Protection of AHBs

Chapter 2

Notice to Regulator of Certain Events and Examinership

55. Notice to Regulator of certain events

56. Examinership: modification of Part 10 of Act of 2014 for purposes of application to AHBs

Chapter 3

Cancellation of Registration of AHB

57. Cancellation of registration where AHB requests

58. Cancellation of registration on specified grounds

59. Cancellation of registration where AHB ceases to exist

60. Removal from register following cancellation of registration

PART 7

Appeals

61. Appeals Panel

62. Appeals Board

63. Appeal

64. Appeal on question of law

PART 8

Miscellaneous

65. Prohibition on unauthorised disclosure of confidential information

66. Report of Minister

PART 9

Consequential Amendments and Transitional Provisions

67. Amendments of Act of 1992

68. Construction of certain references in other Acts or instruments made under Acts

69. Transitional provisions: certain assistance under section 6 of Act of 1992 to be continued on cancellation of registration under section 58

70. Transitional provisions: payment of grant under section 6(2)(d) of Act of 1992

SCHEDULE

Approved Housing Bodies Regulatory Authority

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001 (No. 19)

Central Bank Act 1971 (No. 24)

Charities Act 2009 (No. 6)

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Ethics in Public Office Act 1995 (No. 22)

European Parliament Elections Act 1997 (No. 2)

Friendly Societies Act 1896 (59 & 60 Vict., c. 25)

Friendly Societies Acts 1896 to 2018

Housing (Miscellaneous Provisions) Act 1992 (No. 18)

Housing (Miscellaneous Provisions) Act 2009 (No. 22)

Housing Acts 1966 to 2014

Industrial and Provident Societies Act 1893 (56 & 57 Vict., c. 39)

Industrial and Provident Societies Acts 1893 to 2018

Iveagh Trust Acts 1899 to 1961

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Acts 1998 to 2019

Paternity Leave and Benefit Act 2016 (No. 11)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Redundancy Payments Acts 1967 to 2014

Standards in Public Office Act 2001 (No. 31)

Taxes Consolidation Act 1997 (No. 39)

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015

Number 47 of 2019

HOUSING (REGULATION OF APPROVED HOUSING BODIES) ACT 2019

REVISED

Updated to 1 June 2023

An Act to provide for the regulation of approved housing bodies for the purposes of protecting certain housing assets provided or managed by such bodies; to establish a body to be known in the Irish language as An tÚdarás Rialála Comhlachtaí Tithíochta Ceadaithe or, in the English language, as the Approved Housing Bodies Regulatory Authority and to confer functions on it; to provide for the registration of certain persons as approved housing bodies; to provide for the setting of standards for approved housing bodies relating to governance, financial management, property and asset management and tenancy management and compliance with those standards; to provide for the carrying out of standards assessments and the monitoring of the implementation of compliance plans; to provide for the carrying out of investigations; to make provision in relation to the protection of approved housing bodies; to provide for the application, with modification, of certain provisions of the Companies Act 2014 to approved housing bodies; to provide for the cancellation of registration of approved housing bodies; to provide for the establishment of an Appeals Panel to hear appeals from certain decisions of the Approved Housing Bodies Regulatory Authority; for those purposes to amend the Housing (Miscellaneous Provisions) Act 1992; and to provide for related matters. [23rd December, 2019]

Be it enacted by the Oireachtas as follows: