IE
(LRC Revised)
Statutory Text (1 Articles)
Number 28 of 1988
HOUSING ACT 1988
REVISED
Updated to 16 May 2024
Changes to legislation
as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries
here
. Note that some amendments may not be in force until commenced by a commencement order or other provision.
This Revised Act is an administrative consolidation of the
Housing Act 1988
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including
European Parliament Elections (Amendment) Act 2019
(7/2019), enacted 12 March 2019, and all statutory instruments up to and including
Housing (Financial Assistance) Regulations 2019
(S.I. No. 104 of 2019), made 12 March 2019, were considered in the preparation of
this Revised Act.
Disclaimer: While every care has
been taken in the preparation of this Revised Act, the Law Reform Commission can assume
no responsibility for and give no guarantees, undertakings or warranties concerning
the
accuracy, completeness or up to date nature of the information provided and does not
accept any liability whatsoever arising from any errors or omissions. Please notify
any
errors, omissions and comments by email to revisedacts@lawreform.ie.
Number
28
of
1988
HOUSING ACT 1988
REVISED
Updated to 16 May 2024
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Homeless persons for the purposes of this Act.
3.
Subsidy for acquisition or construction of houses.
4.
Grant on surrender of certain houses.
5.
Assistance by housing authorities of certain bodies.
(Repealed)
6.
Expenses of social workers.
7.
Validation.
8.
Estimate of housing requirements.
9.
Housing assessments.
(Repealed)
10.
Additional provisions regarding accommodation for homeless persons.
11.
Schemes of priorities for letting dwellings.
(Repealed)
12.
Reconstruction or improvement of certain houses provided by housing authorities.
13.
Provision of sites for travellers.
14.
Provision of sites for private housing.
15.
Grants or subsidies by Minister for dwellings, sites and assistance provided by housing
authorities.
(Repealed)
16.
Guarantees by housing authorities.
17.
Mortgage of houses sold or leased by housing authorities.
18.
Discharge of mortgage.
19.
Application of certain sections of Part II of Principal Act.
20.
Additional provisions relating to sections 56 to 58 of Principal Act and to
section 12
.
(Repealed)
21.
Amendment of section 2 of Principal Act.
22.
Amendment of section 108 of Principal Act.
23.
Repeal of section 13 of Act of 1979 and consequential provisions.
24.
Amendment of section 3 of Act of 1979.
(Repealed)
25.
Amendment of section 4 of Act of 1979.
26.
Amendment of section 7 of Act of 1979.
27.
Amendment of City and County Management (Amendment) Act, 1955.
(Repealed)
28.
Amendment of Vagrancy Act, 1824.
29.
Offences.
30.
Repeals.
31.
Short title, construction, collective citation and commencement.
SCHEDULE
Enactments Repealed
Acts Referred to
Central Bank Act, 1971
1971, No. 24
City and County Management (Amendment) Act, 1955
1955, No. 12
Companies Act, 1963
1963, No. 33
Cork City Management Acts, 1929 to 1971
County Management Acts, 1940 to 1985
Credit Union Act, 1966
1966, No. 19
Health Act, 1970
1970, No. 1
Housing Act, 1966
1966, No. 21
Housing Act, 1969
1969, No. 16
Housing (Miscellaneous Provisions) Act, 1979
1979, No. 27
Housing Act, 1984
1984, No. 1
Housing Acts, 1966 to 1979
Housing Finance Agency Act, 1981
1981, No. 37
Industrial and Provident Societies Acts, 1893 to 1978
Insurance Acts, 1909 to 1985
Labourers Act, 1936
1936, No. 24
Limerick City Management Acts, 1934 to 1971
Local Government (Dublin) Acts, 1930 to 1985
Prevention of Crimes Act, 1871
34 & 35 Vict. c. 112
Registration of Deeds Act, 1707
6 Anne, c. 2
Registration of Title Act, 1964
1964, No. 16
Registry of Deeds (Ireland) Act, 1832
2 & 3 Will. 4. c. 87
Towns Improvement (Ireland) Act, 1854
17 & 18 Vict. c. 103
Trustee Savings Banks Acts, 1863 to 1979
Vagrancy Act, 1824
5 Geo. 4. c. 83
Waterford City Management Acts, 1939 to 1971
Number
28
of
1988
HOUSING ACT 1988
REVISED
Updated to 16 May 2024
AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1979, TO AMEND THE VAGRANCY ACT,
1824, AND THE
CITY AND COUNTY MANAGEMENT (AMENDMENT) ACT, 1955
, AND TO PROVIDE FOR CERTAIN OTHER MATTERS IN RELATION TO HOUSING AND IN RELATION
TO THE DISCHARGE OF MORTGAGES. [13
th July
, 1988]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 28 of 1988
Housing Act 1988
Sections 2, 4, 10, 13, 16, 17, 18 and 29.
...
...
...
C2
Application of collectively cited
Housing Acts
restricted (1.07.1997) by
Housing (Miscellaneous Provisions) Act 1997
(21/1997), s. 14(1), S.I. No. 247 of 1997, commenced on enactment, and s. 14A as
inserted (11.09.1998) by
Housing (Traveller Accommodation Act 1998
(33/1998), s. 35(b), S.I. No. 328 of 1998; as substituted (13.04.2015) by
Housing (Miscellaneous Provisions) Act 2014
(21/2014), s. 19(9), (10), S.I. No. 121 of 2015.
Letting and sale of local authority housing.
14.
—
[
(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an
allocation scheme made under section 22 of the Housing (Miscellaneous Provisions)
Act 2009, a housing authority may—
(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection
(1) of the said section 22 refers, to a household where—
(i) the authority considers that any member of the household is or has been engaged
in anti-social behaviour or that an allocation to that household would not be in the
interest of good estate management, or
(ii) the household fails to provide information, including information relating to
members residing together or proposing to reside together as part of the household,
which is requested by the authority and which the authority considers necessary in
connection with an allocation,
or
(b) refuse to permit a person, or defer permitting a person, to take up or resume
residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers
where—
(i) the authority considers that the person is or has been engaged in anti-social
behaviour or that such permission would not be in the interest of good estate management,
or
(ii) the tenant of the dwelling or the person concerned fails to provide information
that is requested by the authority and which the authority considers necessary in
connection with deciding whether to give, refuse or defer such permission.]
...
[
Authorisation to occupy caravan on site
14A.
Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority
may refuse or defer an authorisation to a person to occupy a caravan on a site where—
(a) the authority considers that that person or a member of his or her household is
or has been engaged in anti-social behaviour or that the occupation by that person
or household member of a caravan on the site would not be in the interest of good
estate management, or
(b) that person fails to provide information, including information relating to persons
residing or to reside with that person, which is requested by the authority and which
the authority considers necessary in respect of the application for such authorisation.]
C3
Reference to “a housing authority” under collectively cited
Housing Acts
construed (1.09.1992) by
Housing (Miscellaneous Provisions) Act 1992
(18/1992), s. 23(1) and (2), S.I. No. 223 of 1992); as substituted (27.06.2002) by
Housing (Miscellaneous Provisions) Act 2002
(9/2002), s. 16(a), S.I. No. 329 of 2002; as substituted (1.02.2010) by
Housing (Miscellaneous Provisions) Act 2009
(22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; and as substituted
(1.06.2014) by
Local Government Reform Act 2014
(1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.
Definition of housing authority and transfer of functions.
23.
—
[(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference
to a local authority and references to the functional area of a housing authority
shall be construed accordingly;
...]
C4
Reference to “county council”, “city council” and “county council and a city council”, and reference to “the administrative area of a county council”, “the administrative area of a city council” and “the administrative area of a county council and the administrative area of a city
council” construed (1.06.2014) by
Local Government Reform Act 2014
(1/2014), s. 9(2), (3), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9.
...
(2) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(a) to a county council or a city council (including a reference construed by section
3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or
to a city council, as the case may be) shall, if the context permits, be read as a
reference to a county council, a city council or a city and county council, and
(b) to a county council and a city council (including a reference so construed) shall,
if the context permits, be read as a reference to a county council, a city council
and a city and county council.
(3) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(a) to the administrative area of a county council or the administrative area of a
city council shall, if the context permits, be read as a reference to the administrative
area of a county council, the administrative area of a city council or the administrative
area of a city and county council, and
(b) to the administrative area of a county council and the administrative area of
a city council shall, if the context permits, be read as a reference to the administrative
area of a county council, the administrative area of a city council and the administrative
area of a city and county council.
C5
Application of collectively cited
Housing Acts
potentially restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the
Second Schedule
that provides for the consent for a plan or project to which this Regulation applies
to be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
SECOND SCHEDULE
...
Housing Acts 1966 to 2009
...
C6
Power granted to Minister to issue guidelines and codes of practice, and a licence,
consent, permission, permit, derogation or other authorisation given under collectively
cited
Housing Acts 1966 to 2009
may require compliance with an issued guideline and code of practice as provided
(21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 63(3), 71 and sch. 2.
General provisions regarding licences etc
63. ...
(3) A person who fails to comply with the terms, conditions, restrictions or requirements
of a licence, consent, permission, permit, derogation or other authorisation given
by a public authority pursuant to or in accordance with these Regulations shall be
guilty of an offence.
...
Guidelines and codes of practice
71. (1) The Minister may issue guidelines and codes of practice in relation to the
performance of the functions of public authorities insofar as the requirements of
these Regulations, the Habitats Directive or the Birds Directive apply to those functions,
or in relation to the general duties of other persons to which these Regulations apply.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
Housing Acts 1966 to 2009
C7
Power granted to Minister to give directions and issue guidelines under collectively
cited
Housing Acts 1966 to 2009
(1.12.2009) by
Housing (Miscellaneous Provisions) Act 2009
(22/2009), ss. 4, 5, S.I. No. 449 of 2009.
Ministerial directions.
4
.— (1) The Minister may, from time to time, as he or she considers appropriate, give
general policy directions in writing to a housing authority in relation to the performance
by the housing authority of any of its functions under the
Housing Acts 1966 to 2009
and the housing authority shall comply with any such directions.
...
Guidelines.
5
.— (1) The Minister may, from time to time, as he or she considers appropriate, issue
to housing authorities such guidelines in relation to the performance of their functions
under the
Housing Acts 1966 to 2009
as he or she considers appropriate and housing authorities shall have regard to such
guidelines in the performance of those functions.
...
C8
Certain functions under collectively cited
Housing Acts 1966 to 2009
transferred to Health Service Executive (1.01.2005) by
Health Act 2004
(42/2004), s. 59(1) and sch. 3 item 43, S. I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—
(1) The functions that, immediately before the establishment day, were the functions
of a specified body under or in connection with the enactments referred to in Schedule
3 are, by this Act, transferred to the Executive on that day.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
...
43. Housing Acts 1966 to 2002
C9
Reference to “a functional area of a health board”, “the Eastern Regional Health Authority” and “an Area Health Board” under collectively cited
Housing Acts 1966 to 2009
construed (1.01.2005) by
Health Act 2004
(42/2004), s. 67(2) and sch. 3 item 43, S.I. No. 887 of 2004.
Functional areas of dissolved health boards.
67.—
...
(2) References (however expressed) in any enactment referred to in
Schedule 3
to a functional area of a health board, the Eastern Regional Health Authority or
an Area Health Board are on and after the establishment day to be read as references
to—
(
a
) the corresponding functional area of the Executive or that area as redefined in
accordance with this section, or
(
b
) if the context so requires, the area comprising all of the corresponding functional
areas of the Executive or comprising all of those areas as redefined in accordance
with this section.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
...
43. Housing Acts 1966 to 2002
Annotations
Modifications (not altering text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 28 of 1988
Housing Act 1988
Sections 2, 4, 10, 13, 16, 17, 18 and 29.
...
...
...
C2
Application of collectively cited
Housing Acts
restricted (1.07.1997) by
Housing (Miscellaneous Provisions) Act 1997
(21/1997), s. 14(1), S.I. No. 247 of 1997, commenced on enactment, and s. 14A as
inserted (11.09.1998) by
Housing (Traveller Accommodation Act 1998
(33/1998), s. 35(b), S.I. No. 328 of 1998; as substituted (13.04.2015) by
Housing (Miscellaneous Provisions) Act 2014
(21/2014), s. 19(9), (10), S.I. No. 121 of 2015.
Letting and sale of local authority housing.
14.
—
[
(1) Notwithstanding anything contained in the Housing Acts 1966 to 2014, or in an
allocation scheme made under section 22 of the Housing (Miscellaneous Provisions)
Act 2009, a housing authority may—
(a) refuse to allocate, or defer the allocation of, a dwelling to which subsection
(1) of the said section 22 refers, to a household where—
(i) the authority considers that any member of the household is or has been engaged
in anti-social behaviour or that an allocation to that household would not be in the
interest of good estate management, or
(ii) the household fails to provide information, including information relating to
members residing together or proposing to reside together as part of the household,
which is requested by the authority and which the authority considers necessary in
connection with an allocation,
or
(b) refuse to permit a person, or defer permitting a person, to take up or resume
residence or enter or be in a dwelling to which section 22(1)(a) of the said Act refers
where—
(i) the authority considers that the person is or has been engaged in anti-social
behaviour or that such permission would not be in the interest of good estate management,
or
(ii) the tenant of the dwelling or the person concerned fails to provide information
that is requested by the authority and which the authority considers necessary in
connection with deciding whether to give, refuse or defer such permission.]
...
[
Authorisation to occupy caravan on site
14A.
Notwithstanding anything contained in the Housing Acts 1966 to 2014, a housing authority
may refuse or defer an authorisation to a person to occupy a caravan on a site where—
(a) the authority considers that that person or a member of his or her household is
or has been engaged in anti-social behaviour or that the occupation by that person
or household member of a caravan on the site would not be in the interest of good
estate management, or
(b) that person fails to provide information, including information relating to persons
residing or to reside with that person, which is requested by the authority and which
the authority considers necessary in respect of the application for such authorisation.]
C3
Reference to “a housing authority” under collectively cited
Housing Acts
construed (1.09.1992) by
Housing (Miscellaneous Provisions) Act 1992
(18/1992), s. 23(1) and (2), S.I. No. 223 of 1992); as substituted (27.06.2002) by
Housing (Miscellaneous Provisions) Act 2002
(9/2002), s. 16(a), S.I. No. 329 of 2002; as substituted (1.02.2010) by
Housing (Miscellaneous Provisions) Act 2009
(22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; and as substituted
(1.06.2014) by
Local Government Reform Act 2014
(1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.
Definition of housing authority and transfer of functions.
23.
—
[(1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference
to a local authority and references to the functional area of a housing authority
shall be construed accordingly;
...]
C4
Reference to “county council”, “city council” and “county council and a city council”, and reference to “the administrative area of a county council”, “the administrative area of a city council” and “the administrative area of a county council and the administrative area of a city
council” construed (1.06.2014) by
Local Government Reform Act 2014
(1/2014), s. 9(2), (3), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9.
...
(2) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(a) to a county council or a city council (including a reference construed by section
3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or
to a city council, as the case may be) shall, if the context permits, be read as a
reference to a county council, a city council or a city and county council, and
(b) to a county council and a city council (including a reference so construed) shall,
if the context permits, be read as a reference to a county council, a city council
and a city and county council.
(3) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(a) to the administrative area of a county council or the administrative area of a
city council shall, if the context permits, be read as a reference to the administrative
area of a county council, the administrative area of a city council or the administrative
area of a city and county council, and
(b) to the administrative area of a county council and the administrative area of
a city council shall, if the context permits, be read as a reference to the administrative
area of a county council, the administrative area of a city council and the administrative
area of a city and county council.
C5
Application of collectively cited
Housing Acts
potentially restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the
Second Schedule
that provides for the consent for a plan or project to which this Regulation applies
to be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
SECOND SCHEDULE
...
Housing Acts 1966 to 2009
...
C6
Power granted to Minister to issue guidelines and codes of practice, and a licence,
consent, permission, permit, derogation or other authorisation given under collectively
cited
Housing Acts 1966 to 2009
may require compliance with an issued guideline and code of practice as provided
(21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 63(3), 71 and sch. 2.
General provisions regarding licences etc
63. ...
(3) A person who fails to comply with the terms, conditions, restrictions or requirements
of a licence, consent, permission, permit, derogation or other authorisation given
by a public authority pursuant to or in accordance with these Regulations shall be
guilty of an offence.
...
Guidelines and codes of practice
71. (1) The Minister may issue guidelines and codes of practice in relation to the
performance of the functions of public authorities insofar as the requirements of
these Regulations, the Habitats Directive or the Birds Directive apply to those functions,
or in relation to the general duties of other persons to which these Regulations apply.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
Housing Acts 1966 to 2009
C7
Power granted to Minister to give directions and issue guidelines under collectively
cited
Housing Acts 1966 to 2009
(1.12.2009) by
Housing (Miscellaneous Provisions) Act 2009
(22/2009), ss. 4, 5, S.I. No. 449 of 2009.
Ministerial directions.
4
.— (1) The Minister may, from time to time, as he or she considers appropriate, give
general policy directions in writing to a housing authority in relation to the performance
by the housing authority of any of its functions under the
Housing Acts 1966 to 2009
and the housing authority shall comply with any such directions.
...
Guidelines.
5
.— (1) The Minister may, from time to time, as he or she considers appropriate, issue
to housing authorities such guidelines in relation to the performance of their functions
under the
Housing Acts 1966 to 2009
as he or she considers appropriate and housing authorities shall have regard to such
guidelines in the performance of those functions.
...
C8
Certain functions under collectively cited
Housing Acts 1966 to 2009
transferred to Health Service Executive (1.01.2005) by
Health Act 2004
(42/2004), s. 59(1) and sch. 3 item 43, S. I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—
(1) The functions that, immediately before the establishment day, were the functions
of a specified body under or in connection with the enactments referred to in Schedule
3 are, by this Act, transferred to the Executive on that day.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
...
43. Housing Acts 1966 to 2002
C9
Reference to “a functional area of a health board”, “the Eastern Regional Health Authority” and “an Area Health Board” under collectively cited
Housing Acts 1966 to 2009
construed (1.01.2005) by
Health Act 2004
(42/2004), s. 67(2) and sch. 3 item 43, S.I. No. 887 of 2004.
Functional areas of dissolved health boards.
67.—
...
(2) References (however expressed) in any enactment referred to in
Schedule 3
to a functional area of a health board, the Eastern Regional Health Authority or
an Area Health Board are on and after the establishment day to be read as references
to—
(
a
) the corresponding functional area of the Executive or that area as redefined in
accordance with this section, or
(
b
) if the context so requires, the area comprising all of the corresponding functional
areas of the Executive or comprising all of those areas as redefined in accordance
with this section.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
...
43. Housing Acts 1966 to 2002
Section
1.
Interpretation.
2.
Homeless persons for the purposes of this Act.
3.
Subsidy for acquisition or construction of houses.
4.
Grant on surrender of certain houses.
5.
Assistance by housing authorities of certain bodies.
(Repealed)
6.
Expenses of social workers.
7.
Validation.
8.
Estimate of housing requirements.
9.
Housing assessments.
(Repealed)
10.
Additional provisions regarding accommodation for homeless persons.
11.
Schemes of priorities for letting dwellings.
(Repealed)
12.
Reconstruction or improvement of certain houses provided by housing authorities.
13.
Provision of sites for travellers.
14.
Provision of sites for private housing.
15.
Grants or subsidies by Minister for dwellings, sites and assistance provided by housing
authorities.
(Repealed)
16.
Guarantees by housing authorities.
17.
Mortgage of houses sold or leased by housing authorities.
18.
Discharge of mortgage.
19.
Application of certain sections of Part II of Principal Act.
20.
Additional provisions relating to sections 56 to 58 of Principal Act and to
section 12
.
(Repealed)
21.
Amendment of section 2 of Principal Act.
22.
Amendment of section 108 of Principal Act.
23.
Repeal of section 13 of Act of 1979 and consequential provisions.
24.
Amendment of section 3 of Act of 1979.
(Repealed)
25.
Amendment of section 4 of Act of 1979.
26.
Amendment of section 7 of Act of 1979.
27.
Amendment of City and County Management (Amendment) Act, 1955.
(Repealed)
28.
Amendment of Vagrancy Act, 1824.
29.
Offences.
30.
Repeals.
31.
Short title, construction, collective citation and commencement.
SCHEDULE
Enactments Repealed
Number
28
of
1988