IE
(LRC Revised)
Statutory Text (1 Articles)
Number 18 of 1992
HOUSING (MISCELLANEOUS PROVISIONS) ACT 1992
REVISED
Updated to 1 April 2026
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Housing (Miscellaneous Provisions) Act 1992
. 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 the
Assisted Decision-Making (Capacity) (Amendment) Act 2026
(8/2026), enacted 31 March 2026, and all statutory
instruments up to and including the
Appointment of Special Advisers (Tánaiste and Minister for Finance) (No. 2) Order
2026
(S.I. No. 137 of 2026), made 1 April 2026, 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
18
of
1992
HOUSING (MISCELLANEOUS PROVISIONS) ACT 1992
REVISED
Updated to 1 April 2026
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Shared ownership leases.
3.
Granting of shared ownership leases by housing authorities, etc.
4.
Subsidy towards rent of houses leased by means of shared ownership leases.
5.
Works by housing authorities to private houses.
6.
Assistance by housing authorities of certain bodies.
7.
Subsidy towards rent of houses provided by certain bodies.
8.
Exemption from stamp duty.
9.
Additional provisions relating to section 58 of Principal Act.
10.
Removal of temporary dwellings from certain locations.
11.
Housing loans by housing authorities.
12.
Security of abandoned houses.
13.
Disposal of house mortgages.
14.
Disposal of mortgages held by housing authorities or Housing Finance Agency plc.
15.
Transfer to Housing Finance Agency plc of certain Local Loans Fund loans.
16.
Minimum notice to quit, etc.
17.
Rent books.
18.
Standards for rented houses.
18A.
Improvement notice.
18B.
Prohibition notice.
19.
Prohibition on distress for rent of dwelling.
20.
Registration of rented houses.
20A.
Regulations in respect of fees payable to the housing authority
21.
Statutory declarations.
22.
Payment of grants, etc., not to imply certain warranties.
23.
Definition of housing authority and transfer of functions.
24.
Amendment of section 5 of Principal Act.
25.
Amendment of section 89 of Principal Act.
26.
Power of housing authorities to sell certain dwellings provided under Principal Act.
27.
Amendment of section 15 of Act of 1988.
28.
Amendment of section 20 of Act of 1988.
29.
Amendment of Housing Finance Agency Act, 1981.
30.
Amendment of section 29 of Building Societies Act, 1989.
31.
Increase of certain limits under Principal Act.
32.
Extension of application of section 6 of Landlord and Tenant (Amendment) Act, 1980.
33.
Increase in fines, etc.
34.
Offences.
35.
Validation of certain payments.
36.
Expenses of housing authorities.
37.
Repeals and savings.
38.
Short title, construction, collective citation and commencement.
SCHEDULE
Enactments Repealed
Acts Referred to
Acquisition of Land (Assessment of Compensation) Act, 1919
9 & 10 Geo. 5, c. 57
Building Societies Act, 1989
1989, No. 17
Companies Acts, 1963 to 1990
Conveyancing Act, 1881
44 & 45 Vict., c. 41
Conveyancing Acts, 1881 to 1911
Housing Act, 1966
1966, No. 21
Housing Act, 1970
1970, No. 18
Housing Act, 1988
1988, No. 28
Housing (Miscellaneous Provisions) Act, 1979
1979, No. 27
Housing (Private Rented Dwellings) Act, 1982
1982, No. 6
Housing (Private Rented Dwellings) (Amendment) Act, 1983
1983, No. 22
Housing Finance Agency Act, 1981
1981, No. 37
Housing Finance Agency (Amendment) Act, 1988
1988, No. 1
Insurance Act, 1989
1989, No. 3
Landlord and Tenant (Amendment) Act, 1980
1980, No. 10
Landlord and Tenant (Ground Rents) Act, 1978
1978, No. 7
Landlord and Tenant (Ground Rents) (No. 2) Act, 1978
1978, No. 16
Landlord and Tenant Law Amendment Act, Ireland, 1860
23 & 24 Vict., c. 154
Local Government Act, 1941
1941, No. 23
Local Government Act, 1946
1946, No. 24
Local Loans Fund Act, 1935
1935, No. 16
National Building Agency Limited Act, 1963
1963, No. 32
Petty Sessions (Ireland) Act, 1851
14 & 15 Vict., c. 93
Property Values (Arbitration and Appeals) Act, 1960
1960, No. 45
Registration of Title Act, 1964
1964, No. 16
Towns Improvement (Ireland) Act, 1854
17 & 18 Vict., c. 103
Number
18
of
1992
HOUSING (MISCELLANEOUS PROVISIONS) ACT 1992
REVISED
Updated to 1 April 2026
AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1988, THE
LANDLORD AND TENANT (GROUND RENTS) ACT, 1978
, THE
LANDLORD AND TENANT (AMENDMENT) ACT, 1980
, THE HOUSING FINANCE AGENCY ACTS, 1981 TO 1988, THE
HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982
, AND THE
BUILDING SOCIETIES ACT, 1989
, AND TO PROVIDE FOR CERTAIN OTHER MATTERS IN RELATION TO HOUSING. [23
rd July
, 1992]
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. 18 of 1992
Housing (Miscellaneous Provisions) Act 1992
Sections 4, 5, 10, 11, 12, 18A, 18B, 34 and 37.
...
...
...
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, 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 “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.
C4
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 operation 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
...
C5
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
C6
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.
...
C7
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
C8
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
C9
Functions transferred and references to “Department of
Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions)
Order 2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in
operation as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(a) the enactments specified in
Schedule 1, and
(b) the statutory instruments
specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 18 of 1992
Housing (Miscellaneous Provisions) Act 1992
Sections 4(1), 5(1) and (3), 6(9), 7(1), 11(1) and (3), 13(1), 14(1) and (2) and 15(1)
and (6)
...
...
...
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. 18 of 1992
Housing (Miscellaneous Provisions) Act 1992
Sections 4, 5, 10, 11, 12, 18A, 18B, 34 and 37.
...
...
...
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, 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 “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.
C4
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 operation 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
...
C5
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
C6
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.
...
C7
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
C8
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
C9
Functions transferred and references to “Department of
Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions)
Order 2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in
operation as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(a) the enactments specified in
Schedule 1, and
(b) the statutory instruments
specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 18 of 1992
Housing (Miscellaneous Provisions) Act 1992
Sections 4(1), 5(1) and (3), 6(9), 7(1), 11(1) and (3), 13(1), 14(1) and (2) and 15(1)
and (6)
...
...
...
Section
1.
Interpretation.
2.
Shared ownership leases.
3.
Granting of shared ownership leases by housing authorities, etc.
4.
Subsidy towards rent of houses leased by means of shared ownership leases.
5.
Works by housing authorities to private houses.
6.
Assistance by housing authorities of certain bodies.
7.
Subsidy towards rent of houses provided by certain bodies.
8.
Exemption from stamp duty.
9.
Additional provisions relating to section 58 of Principal Act.
10.
Removal of temporary dwellings from certain locations.
11.
Housing loans by housing authorities.
12.
Security of abandoned houses.
13.
Disposal of house mortgages.
14.
Disposal of mortgages held by housing authorities or Housing Finance Agency plc.
15.
Transfer to Housing Finance Agency plc of certain Local Loans Fund loans.
16.
Minimum notice to quit, etc.
17.
Rent books.
18.
Standards for rented houses.
18A.
Improvement notice.
18B.
Prohibition notice.
19.
Prohibition on distress for rent of dwelling.
20.
Registration of rented houses.
20A.
Regulations in respect of fees payable to the housing authority
21.
Statutory declarations.
22.
Payment of grants, etc., not to imply certain warranties.
23.
Definition of housing authority and transfer of functions.
24.
Amendment of section 5 of Principal Act.
25.
Amendment of section 89 of Principal Act.
26.
Power of housing authorities to sell certain dwellings provided under Principal Act.
27.
Amendment of section 15 of Act of 1988.
28.
Amendment of section 20 of Act of 1988.
29.
Amendment of Housing Finance Agency Act, 1981.
30.
Amendment of section 29 of Building Societies Act, 1989.
31.
Increase of certain limits under Principal Act.
32.
Extension of application of section 6 of Landlord and Tenant (Amendment) Act, 1980.
33.
Increase in fines, etc.
34.
Offences.
35.
Validation of certain payments.
36.
Expenses of housing authorities.
37.
Repeals and savings.
38.
Short title, construction, collective citation and commencement.
SCHEDULE
Enactments Repealed
Number
18
of
1992