Housing (Regulation of Approved Housing Bodies) Act 2019

Publication Date:January 01, 2019
 
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Housing (Regulation of Approved Housing Bodies) Act 2019

2019 47

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 tdars Rialla Comhlachta Tithochta 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.

[23 December 2019]

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1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, collective citation and commencement

1 Short title, collective citation and commencement

(1) This Act may be cited as the Housing (Regulation of Approved Housing Bodies) Act 2019.

(2) The Housing Acts 1966 to 2014 and section 67 and this subsection may be cited together as the Housing Acts 1966 to 2019.

(3) This Act shall come 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.

S-2 Interpretation

2 Interpretation

2. In this Act—

“Act of 1992” means theHousing (Miscellaneous Provisions) Act 1992;

“Act of 2009” means theHousing (Miscellaneous Provisions) Act 2009;

“Act of 2014” means theCompanies Act 2014;

“AHB” means an approved housing body;

“Appeals Board” means an Appeals Board appointed undersection 62(3);

“Appeals Panel” means the Appeals Panel established undersection 61;

“approved housing body” means—

(a) a person registered in the register as an approved housing body undersection 28, or

(b) a person who, by virtue ofsection 34(1), is deemed to be registered in the register as an approved housing body;

“approved standards” means standards approved and published undersection 37;

“charitable trust” means—

(a) a charitable trust within the meaning of theCharities Act 2009, or

(b) the Iveagh Trustees (also referred to as the Iveagh Trust) within the meaning of the Iveagh Trust Acts 1899 to 1961;

“chief executive” means the chief executive officer of the Regulator appointed undersection 11;

“common areas, structures, works and services” means, in relation to dwellings provided for the purpose specified insection 25(2)(b)(i), areas, structures, works and services that are, or are intended to be, common to such dwellings and enjoyed therewith, including, where relevant, access and side roads, architectural features, circulation areas, footpaths, internal common stairways, open spaces, parking areas, utility rooms and that portion of the roof or exterior of any building not intended to form or not forming part of any individual dwelling;

“communal facilities and amenities” means, in relation to dwellings provided for the purpose specified insection 25(2)(b)(i), areas, structures, works and services that are, or are intended to be, common to such dwellings and enjoyed therewith and used for the common benefit or enjoyment of tenants of those dwellings, including, but not limited to, facilities for sanitation, heating, refuse, food preparation, dining, storage, laundry, child care and recreation;

“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

“compliance plan” has the meaning given to it bysection 39(1);

“constitution” means the rules, in writing, that govern the administration and control of an AHB and regulate its activities, and includes—

(a) in the case of a company, the constitution (within the meaning of section 2 of the Act of 2014) of the company,

(b) in the case of a charitable trust (within the meaning ofparagraph (a) of the definition in this section of “charitable trust”), the deed of trust establishing the charitable trust,

(c) in the case of a charitable trust (within the meaning ofparagraph (b) of the definition in this section of “charitable trust”), the Iveagh Trustees (also referred to as the Iveagh Trust) within the meaning of the Iveagh Trust Acts 1899 to 1961,

(d) in the case of a registered society, the rules of the registered society, and

(e) in the case of a friendly society (within the meaning of the Friendly Societies Acts 1896 to 2018), the rules of the friendly society,

but does not include any other enactment or rule of law applicable to the carrying on of the activities of the AHB;

“dwelling” has the same meaning as it has in the Act of 2009;

“eligibility criteria” has the meaning given to it bysection 25;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to inparagraph (b);

“establishment day” means the day appointed, by order, undersection 7;

“financial year”, in relation to the Regulator, means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Regulator, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

“functional area”, in relation to a housing authority, has the same meaning as it has in section 23(1) of the Act of 1992;

“housing authority” has the same meaning as it has in the Act of 1992;

“Minister” means Minister for Housing, Planning and Local Government;

“notice of non-compliance” has the meaning given to it bysection 39(2);

“notice of non-implementation” has the meaning given to it bysection 42(1);

“record” includes, in addition to any record in writing—

(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy or part of any thing which falls withinparagraph (a), (b), (c) or (d);

“register” has the meaning given to it bysection 26, and “registered” shall be construed accordingly;

“registered charitable organisation” has the same meaning as it has in theCharities Act 2009;

“registered society” means a society registered under the Industrial and Provident Societies Acts 1893 to 2018;

“Regulator” has the meaning given to it bysection 8;

“standards assessment” has the meaning given to it bysection 38.

S-3 Expenses

3 Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

S-4 Review of Act

4 Review of Act

(1) The Minister shall, not later than 5 years after the establishment day, conduct a review of the operation and effectiveness of this Act and shall, not later then 6 months after the end of that period of 5 years, or on the completion of the review, whichever is the earlier, prepare a report, in writing, of the findings of the review and of the conclusions drawn from those findings and cause copies of the report to be laid before each House of the Oireachtas.

(2) In conducting a review under this section, the Minister shall consult with the Regulator and such other persons as the Minister considers appropriate for the purpose of the review.

S-5 Giving of documents

5 Giving of documents

(1) Subject to subsections (2) and (3), a notice, direction or other document that is required to be given to a person under this Act shall be in writing and addressed to the person concerned by name, and may be so given to the person in one or more than one of the following ways:

(a)

by delivering it to the person;

(b)

by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c)

by sending it by post in a prepaid letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d)

by electronic means, in a case in which the person (in this paragraph referred to as “the first named person”) has given notice in writing to the person giving the notice, direction or document concerned of the first named person’s consent to the notice, direction or document (or notices, directions or...

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