S.I. No. 145/2009 - Housing (Local Authority Loans) Regulations 2009

1. Housing Regulations 1980 (S.I. 296 of 1980) — Articles 29 - 49.

2. Housing Regulations 1980 (Amendment) Regulations 1982 (S.I. 177 of 1982) — Articles 5 - 9.

3. Housing Regulations 1980 (Amendment) Regulations 1985 (S.I. 223 of 1985) — Articles 3, 4, 5 (in so far as it applies to article 32 of the Housing Regulations 1980 (S.I. 296 of 1980)), and 6.

4. Housing Regulations 1980 (Amendment) Regulations 1986 (S.I. 386 of 1986) — Articles 3, 4 (in so far as it applies to article 32 of the Housing Regulations 1980 (S.I. 296 of 1980)), 5 and 6.

5. Housing Regulations 1980 (Amendment) Regulations 1987 (S.I. 301 of 1987) — Article 3.

6. Housing Regulations 1980 (Amendment) Regulations 1992 (S.I. 30 of 1992) — Articles 3, 4 (in so far as it applies to article 32 of the Housing Regulations 1980 (S.I. 296 of 1980)), 5, 6 and 7.

7. Housing Regulations 1980 (Amendment) Regulations 1996 (S.I. 148 of 1996) — Articles 3 - 5.

8. Housing Regulations 1980 (Amendment) Regulations 1998 (S.I. 152 of 1998) — Articles 3 and 4.

9. Housing Regulations 1980 (Amendment) (No.2) Regulations 1998 (S.I. 426 of 1998) — Articles 3 and 4.

10. Housing Regulations 1980 (Amendment) Regulations 2001 (S.I. 608 of 2001) — Articles 3 and 4.

11. Housing Regulations 1980 (Amendment) Regulations 2005 (S.I. 913 of 2005) — Articles 3 - 5.

GIVEN under my hand,

20 April 2009

MICHAEL FINNERAN.

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

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance,

20 April 2009

BRIAN LENIHAN.

Minister for Finance.

12. The borrower shall be personally liable for the repayment of any sum due in respect of a loan made under these Regulations.

Defaults.

13. A housing authority shall, before proceeding under sub-section (5) of section 11 of the Act in respect of a breach of any of the conditions of article 11 of these Regulations other than condition (1)(

a

) of that article, serve a notice in writing on the borrower requiring him to comply with the condition and if the borrower undertakes in writing, within fourteen days of the service of the notice, to comply with the condition, and complies with the condition within two months of the date of such undertaking, the housing authority shall not take possession of the house.

Records.

14. A housing authority shall keep a record of loans made by them under these Regulations and shall enter therein in regard to each loan—

(

a

) a description of the house in respect of which the loan is made;

(

b

) the amount of the loan;

(

c

) the amount of the loan for the time being remaining unpaid;

(

d

) the name of the borrower for the time being;

(

e

) payments received;

(

f

) interest rates applied; and

(

g

) such other particulars as the housing authorities think fit to enter.

Amendment of Housing Regulations 1980

15. The Housing Regulations 1980 (S.I. 296 of 1980) are amended by substituting for Article 39 (as amended by Article 5 of the Housing Regulations 1980 (Amendment) Regulations 2005 (S.I. 913 of 2005)), the following

“39. (1) The rate of interest on a loan shall—

(

a

) in the case of loans made before 1 July 1986 be such rate as may be fixed by the housing authority making the loan, provided that the rate shall not be less than the rate at which money from the Local Loans Funds is lent to housing authorities at that time for the purpose of making such loans and shall not exceed 0.5 per cent more than such rate;

(

b

) in the case of loans made on or after 1 July 1986 and before 1 December 1987, be such rate as may be fixed by the housing authority making the loan, provided that the rate shall not be less than the rate at which money from the Local Loans Fund or the Agency is lent to housing authorities at that time for the purpose of making such loans and shall not exceed 0.75 per cent more than such rate; and

(

c

) in the case of loans made on or after 1 December 1987 and before 20 April 2009, be such rate as may be charged from time to time by the housing authority making the loan, provided that the rate shall not be less than the rate at which money from the Local Loans Fund or the Agency is lent to housing authorities, from time to time, for the purpose of making such loans and shall not exceed 0.75 per cent more than such rate.

(2) Where the making of a loan has been approved by a housing authority on or before 28 October 1987 and full payment of the loan has not been made before 1 December 1987, the rate of interest on the loan may be the rate applicable to loans made on or after 1 July 1986 and before 1 December 1987.”

Revocations and saver.

16. (1) The Regulations specified in the Schedule are hereby revoked to the extent specified.

(2) Notwithstanding paragraph (1), the Regulations specified in the Schedule shall continue to apply and have effect for the purposes of—

(

a

) any loan, loan agreement or mortgage contract entered into by a housing authority before the coming into operation of these Regulations;

(

b

) any application for a loan or loan agreement made to a housing authority before the coming into operation of these Regulations; and

(

c

) any loan or loan agreement entered into by a housing authority either before or after the coming into operation of these Regulations where subsequent to an application referred to in paragraph (

b

).

SCHEDULE REVOCATIONS

S.I. No. 145 of 2009

HOUSING (LOCAL AUTHORITY LOANS) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

24

th April

, 2009.

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

section 11

of the

Housing (Miscellaneous Provisions) Act 1992

(No. 18 of 1992) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 (

S.I. No. 233 of 2003

)), which powers are delegated to me by the Environment, Heritage and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2008 (

S.I. No. 225 of 2008

), I, Michael Finneran, Minister of State at the Department of the Environment, Heritage and Local Government, with the consent of the Minister for Finance, hereby make the following regulations:—

Citation and commencement.