S.I. No. 248/1999 - Housing (Sale of Houses) (Amendment) Regulations, 1999.

1. These Regulations may be cited as the Housing (Sale of Houses) (Amendment) Regulations, 1999.

2. The Housing (Sale of Houses) Regulations, 1995 (

S.I. No. 188 of 1995

) are hereby amended by the deletion of Article 7 thereof and the substitution therefor of the following article:—

“7. (1) Subject to sub-article (2), the reckonable period of tenancy shall be the aggregate, immediately prior to the date of the completion of the sale, of the following periods to such extent as they are not contemporaneous

(

a

) the period of the tenancy of the purchaser or his spouse of the dwelling and of any other dwelling let by and not purchased from a housing authority,

(

b

) the period (if any) during which the purchaser or his spouse occupied the dwelling as a purchaser under the terms of a previous sale of the dwelling by the housing authority, and

(

c

) where the purchaser or his spouse—

(i) was, for a period of at least one year immediately preceding his appointment as tenant of any dwelling by a housing authority, bona fide resident in such dwelling as a member of the household of the preceding tenant, and

(ii) succeeded to the tenancy of such dwelling,

the period that would be reckonable in respect of such preceding tenant by virtue of this sub-article if such tenant were purchasing the particular dwelling to which the purchaser succeeded him as tenant.

(2) The reckonable period of tenancy determined in accordance with this article shall be rounded up to the next number of complete years where such rounding up would not result in the addition of more than six months to such period.”

3. The Housing (Sale of Houses) Regulations, 1995 (Amendment) Regulations, 1998 (No. 91 of 1998) are hereby revoked.

DATED this 28th day of July, 1999.

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Regulations governing the sale by housing authorities of dwellings to tenants

In exercise of the powers conferred on the Minister for the Environment and Local Government by

section 5

of the

Housing Act, 1966

(No. 21 of 1966), as amended by

section 24

of the

Housing (Miscellaneous Provisions) Act, 1992

(No. 18 of 1992), and by

section 90

of the

Housing Act, 1966

(as substituted by

section 26

of the

Housing (Miscellaneous Provisions) Act, 1992

), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 (

S.I. No. 427 of 1997

), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations