S.I. No. 449/2009 - Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009

1. This Order may be cited as the Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009.

2. The 1st day of December 2009 is appointed as the day on which the following provisions of the

Housing (Miscellaneous Provisions) Act 2009

(No. 22 of 2009) come into operation

(

a

) sections 1, 2, 3, 4, 5 and 6;

(

b

) section 7 and Schedule 1, insofar as they apply to the repeal of subsection (2) of

section 56

of the

Housing Act 1966

(No. 21 of 1966) and

section 15

of the

Housing Act 1988

(No. 28 of 1988);

(

c

) section 8 and Schedule 2, insofar as they apply to the amendments set out in—

(i) Part 1 of that Schedule, as respects—

(I) section 90, and

(II) subsection (7) of section 107,

of the

Housing Act 1966

(No. 21 of 1966),

(ii) Part 2 of that Schedule, as respects subsection (3) of

section 10

of the

Housing Finance Agency Act 1981

(No. 37 of 1981),

(iii) Part 3 of that Schedule, as respects

section 13

of the

Housing Act 1988

(No. 28 of 1988),

(iv) Part 4 of that Schedule, as respect—

(I) subsection (1) of section 1,

(II) section 18,

(III) the insertion of sections 18A and 18B, and

(IV) section 34,

of the

Housing (Miscellaneous Provisions) Act 1992

(No. 18 of 1992), and

(v) Part 5 of that Schedule, as respects—

(I) subsection (1) of section 1 (other than in relation to the definition of “tenant”), and

(II) section 15,

of the

Housing (Miscellaneous Provisions) Act 1997

(No. 21 of 1997);

(

d

) sections 9, 10, 11, 12, and 13; and

(

e

) section 35.

GIVEN under my hand,

18 November 2009.

MICHAEL FINNERAN,

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

EXPLANATORY NOTE

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

This Order brings the following provisions of the

Housing (Miscellaneous Provisions) Act 2009

(No. 22 of 2009) into operation on 1 December 2009, viz.

•most of Part 1 (Preliminary and General),

•all of Chapter 1 (Housing Services) of Part 2, and

•section 35 (Anti-social behaviour strategy).

Provisions being commenced in Part 1 include powers for the Minister to issue policy directions and guidelines to housing authorities. Consequential amendments being commenced include a broadening of the definition of “anti-social behaviour” in the

Housing (Miscellaneous Provisions) Act 1997

and amendments to the

Housing (Miscellaneous Provisions) Act 1992

, providing for the issue of improvement and prohibition notices to landlords of private rented accommodation for breaches of standards regulations and offences for failure to comply with such notices.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

20

th November

, 2009.

I, MICHAEL FINNERAN, Minister of State at the Department of the Environment, Heritage and Local Government, in exercise of the powers conferred on me by

section 1

(4) of the

Housing (Miscellaneous Provisions) Act 2009

(No. 22 of 2009) and the Environment, Heritage and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2009 (

S.I. No. 407 of 2009

), hereby order as follows