Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations, 1978.

• Date: 15 September 1978
• Statutory Instrument No.: 270/1978

S.I. No. 270 of 1978.

HOUSING AUTHORITIES (BORROWING AND MANAGEMENT) REGULATIONS, 1974 (AMENDMENT) REGULATIONS, 1978.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 , 44 and 90 of the Housing Act, 1966 (No. 21 of 1966), with the consent of the Minister for Finance, hereby makes the following Regulations: 1. (1) These Regulations may be cited as the Housing Authorities (Borrowing and Management) Regulations, 1974 (Amendment) Regulations, 1978.

(2) The Housing Authorities (Borrowing and Management) Regulations, 1974 ( S.I. No. 276 of 1974 ) and these Regulations shall be construed as one and may be cited as the Housing Authorities (Borrowing and Management) Regulations, 1974 to 1978. 2. The Housing Authorities (Borrowing and Management) Regulations, 1974 are hereby amended by the substitution for article 5 of the following article—

"5. For the purposes of section 44 of the Act, the amount of any money borrowed by a housing authority for the provision of building sites, shall be deemed to be the amount of the loan borrowed by the authority for the provision of the building sites, or

( a ) where the site is provided prior to the 1st day of August, 1978 an amount equal to the number of sites provided multiplied by £900, or

( b ) where the site is provided on or after the 1st day of August, 1978 an amount equal to the number of sites provided multiplied by £1,500

whichever is the lesser." 3. Article 9 and Part I of the Schedule to the Housing Authorities (Borrowing and Management) Regulations, 1974 are hereby revoked. 4. ( a ) The transfer order for the purposes of section 90 of the Act as modified by section 4 of the Landlord and Tenant (Ground Rents) Act, 1978 (No. 7 of 1978) shall be in the form set out in Part I of the Schedule hereto or in a form substantially to the like effect.

( b ) The transfer order for the purposes of section 90 of the Act as extended by section 26 of the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 (No. 16 of 1978) shall be in the form set out in Part II of the Schedule hereto or in a form substantially to the like effect.

SCHEDULE

PART I

FORM OF TRANSFER ORDER

Housing Act, 1966 , (section 90)

Landlord and Tenant (Ground Rents) Act, 1978 , (section 4)

TRANSFER ORDER

County County Borough of . ............................................................ ............................................................ ............ . 1 Borough Urban District Town

1. In consideration of 2 ............................................................ ............................................................ . . . ............................................................ ............................................................ ......................................... . the 3 . ............................................................ ............................................................ ........................................ (hereinafter referred to as the housing authority), in exercise of the powers conferred on them by section 90 of the Housing Act, 1966 , and section 4 of the Landlord and Tenant (Ground Rents) Act, 1978

HEREBY VEST on the ........................... . day of ................................... 19. . . the dwelling described in the First Schedule to this Order in. 4 ................................................. ............................................................ .................. of .................................................. ............................................................ ............................................................ .......................................................... (hereinafter referred to as "the purchaser" which expression where the context so admits includes his successors in title) in fee simple5 (or for the term of ...... years from the said ........ day of .......... 19... subject to a rent of 5p per annum (if demanded) and)6 subject to the terms, conditions and special conditions herein specified.

2. ( a ) The sum of £...... being the purchase money for the said dwelling shall be a charge on the said dwelling and be paid to the housing authority by the purchaser in the manner set out in the Second Schedule hereto.7

( b ) There shall also be charged on the said dwelling the appropriate amount specified in the Third Schedule hereto to be paid to the housing authority in the event specified in that Schedule.8

3. The following special condition shall apply to the dwelling:9

Payment in respect of the purchase money for the said dwelling shall be made punctually on the due dates.

4. The following special conditions shall apply to the dwelling for a period of .................. years from the date of vesting of the dwelling:10

( a ) the dwelling shall, unless the housing authority otherwise allow, be occupied as a normal place of residence by the purchaser or the purchaser's successor in title or by a member of the purchaser's family or the family of his successor in title;

( b ) the dwelling or any part thereof shall not, without the consent of the housing authority, be mortgaged, charged or alienated otherwise than by devise or operation of law.

5. The following conditions shall apply to the dwelling:11

6. The purchaser hereby assents to the registration of the charge at 2 above and the contingent charge in the Third Schedule hereto created in favour of the housing authority as burdens on the property described in this transfer order.1

FIRST SCHEDULE

Description of dwelling13

SECOND SCHEDULE

Manner for repayment of purchase money 14

THIRD SCHEDULE 8

In the event of the redemption of the purchase money of the dwelling or in the event of the dwelling being transferred to a person other than the spouse, son or daughter of the purchaser, in either case, the appropriate amount to be charged on the dwelling shall, where the event occurs:

( a ) during the period of nine years from the date of vesting specified in paragraph 1 of this Transfer Order, be a sum equivalent to the difference between the total amount that would have been payable up to the date of redemption or transfer if the repayments had not been reduced and the amount payable by reason of the reduction,

( b ) during the tenth year from the...