Housing (Traveller Accommodation) Act 1998

PART I Preliminary and General

1. Short title, collective citation, construction and commencement.

1.—(1)This Act may be cited as the Housing (Traveller Accommodation) Act, 1998.

(2)The Housing Acts, 1966 to 1997, and this Act, other than sections 26 and 27, may be cited together as the Housing Acts, 1966 to 1998, and shall be construed together as one Act.

(3)The Local Government (Planning and Development) Acts, 1963 to 1998, and sections 26 and 27, may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1998, and shall be construed together as one Act.

(4)This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

2. Interpretation.

2.—(1)In this Act, except where the context otherwise requires—

“accommodation programme” shall be construed in accordance with section 7;

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;

“the Act of 1988” means the Housing Act, 1988;

“the Act of 1992” means the Housing (Miscellaneous Provisions) Act, 1992;

“the Act of 1997” means the Housing (Miscellaneous Provisions) Act, 1997;

“body” includes an organisation, a body established by statute, a body corporate (whether a corporation aggregate or a corporation sole) and an unincorporated body of persons;

F1[‘chief executive’means, as respects a local authority, a chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of theLocal Government Act 2001.]

“functions” includes powers and duties and a reference to the performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;

F2[…]

“local consultative committee” means a committee appointed under section 21;

F2[…]

“the Minister” means the Minister for the Environment and Local Government;

“National Consultative Committee” means the National Traveller Accommodation Consultative Committee appointed under section 19;

F2[…]

“site” means—

(a)a site to which section 13 of the Act of 1988 (as amended by this Act) applies,

(b)a site provided or managed under section 6 of the Act of 1992, or

(c)any other site for caravans for travellers provided or managed with or without the assistance of a housing authority;

“traveller” means a person to whom section 13 of the Act of 1988 (as amended by this Act) applies.

(2)In this Act a reference to a section or a Part is a reference to a section or a Part of this Act unless it is indicated that reference to some other enactment is intended.

(3)In this Act a reference to a subsection or a paragraph is a reference to the subsection or the paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(4)A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

3. Expenses.

3.—Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be approved of by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4. Directions.

4.—The Minister may by direction amend or revoke a direction given by the Minister under this Act (including a direction under this section).

PART II Traveller Accommodation Programme

5. Relevant housing authority.

5.—F3[…]

6. Assessment of accommodation needs.

6.—F4[(1) AF5[housing authority]shall, for the purposes of preparing a programme undersection 7, and at such other times as the Minister may by direction specify, in respect of the functional area concerned, make an assessment of the accommodation needs of travellers who are assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support (within the meaning of that Act), including the need for sites.]

(2) F6[…]

F7[(3) Before making an assessment under this section, aF8[housing authority]shall give one month’s notice of their intention to do so to—

(a) every local authority whose administrative area adjoins, or is contained in, the functional area of the authority preparing a programme undersection 7,

(b) the Health Service Executive,

(c) approved bodies engaged in the provision of accommodation or shelter in the functional area concerned,

(d) any local consultative committee in the functional area concerned, and

(e) such local community bodies in the functional area concerned and any other person, as the housing authority considers appropriate.]

(4)Without prejudice to the generality of subsection (1), a F9[housing authority], in making an assessment shall have regard to—

(a)the estimate of travellers referred to in subsection (5),

F10[(aa)any summary of social housing assessments prepared under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009,]

(b)the need for sites with limited facilities referred to in section 13 of the Act of 1988 (as amended by this Act) in relation to the annual patterns of movement of travellers, otherwise than as their normal place of residence, and

(c)the views, if any, of the local consultative committee concerned.

(5)A F9[housing authority] shall make an estimate of the number of traveller families and households for whom accommodation will be required within the functional area for a period which the Minister may by direction specify.

(6)F11[…]

(7)F12[…]

7. Accommodation programme.

7.—(1)A F13[housing authority] shall adopt as respects their functional area an accommodation programme not later than the date specified by the Minister, or within 21 days of that date as provided under section 13, and shall specify in that accommodation programme the accommodation needs of travellers and the provision of accommodation required to address those needs for the period specified in section 10(1).

(2)A F13[housing authority] may adopt an accommodation programme together with one or more than one F13[housing authority] for the functional areas of the relevant housing authorities concerned and subsections (1) and (3) and sections 8 to 15 shall apply to such adoption.

(3)The adoption of an accommodation programme or an amendment to or replacement of the accommodation programme by a F13[housing authority] shall be a reserved function.

(4)The Minister shall specify a date for the adoption, by a F13[housing authority], of an accommodation programme.

8. Notice of accommodation programme to certain bodies.

8.—Before preparing a draft of an accommodation programme or, where appropriate, a draft of an amendment to or a replacement of the accommodation programme, F14[a housing authority shall] give notice in writing of the intention to do so to—

(a)any F15[housing authority] where the functional area of such F15[housing authority] adjoins the functional area of the F15[housing authority] preparing, amending or replacing the accommodation programme,

(b)F16[…]

F17[(c) the Health Service Executive,]

(d)the local consultative committee concerned,

(e)such local community bodies as the F18[housing authority] consider appropriate, and

(f)such other body as the F19[housing authority] concerned consider appropriate having regard to all the circumstances, including voluntary or non-profit making bodies that are engaged in the provision of accommodation, shelter and welfare or any of them in the functional area concerned.

9. Publication of notice of accommodation programme.

9.—(1)A F20[housing authority] shall, in such form as the Minister may direct, publish a notice in not less than one newspaper circulating within the functional area of that F20[housing authority] stating that—

(a)they propose to adopt, amend or replace an accommodation programme,

(b)a draft of the accommodation programme, or a draft of the amendment to or replacement of it, is available for inspection at the offices of the F20[housing authority] or such other office as may be specified, at specified times during a specified period, and

(c)regard will be had to any submissions in writing received by the F20[housing authority] in relation to the draft accommodation programme, or the draft of the amendment to or replacement of it, within 2 months of the publication of the notice.

(2)Within seven days of the date of publication of the notice under subsection (1) the F20[housing authority] shall—

(a)send a copy of the notice and the draft of the accommodation programme, or the draft of the amendment to or replacement of it, to the bodies notified under section 8, and

(b)make arrangements for a copy of the notice to be displayed at such offices of the relevant housing authority to which the public have access, as the F20[housing authority] consider appropriate.

(3)A F20[housing authority] shall make the draft accommodation programme, or the draft of the amendment to or replacement of it, available for inspection at the time and during the period specified pursuant to subsection (1).

10. Preparation of accommodation programme.

10.—(1)An accommodation programme shall be prepared by a F21[housing authority] in respect of a 5 year period beginning on a date as the Minister may by direction specify and be in such form and contain such information as the Minister may direct and thereafter shall be prepared in respect of each succeeding period of 5 years or each such shorter period as the Minister may direct, and shall be adopted by the F21[housing authority] by such date as the Minister may direct or in accordance with section 17.

(2)In preparing an accommodation programme, or a replacement of it, the F21[housing authority] shall—

(a)include the most recent assessment made by that F21[housing authority] under section 6 F22[…]

(b)include such particulars as the Minister may direct in relation to travellers and contained F23[in the most recent summary of social housing assessments prepared by a housing authority under section 21(c) of the Housing (Miscellaneous Provisions) Act 2009], or, where the F21[housing authority] is preparing an accommodation programme for the first time, such particulars concerning the needs of travellers for accommodation in sites as may be available to the F21[housing authority] or as may be acquired by them as the Minister may direct,

(c)include a statement of the policy of the F21[housing authority] concerned in relation to meeting the accommodation needs of travellers, including the accommodation needs referred to in paragraphs (a) and (b),

(d)specify the strategy of the F21[housing authority] concerned for securing the implementation of the accommodation programme,

(e)include measures for implementation by the F21[housing authority] concerned or, as the case may be, any other housing authority in relation to—

(i)the provision of the range of accommodation required to meet accommodation needs which have been identified,

(ii)the provision of assistance to travellers to provide accommodation for their own use,

(iii)the provision of assistance to a body standing approved under section 6 of the Act of 1992 in respect of the provision or management of accommodation for travellers, and

(iv)the proper management, including assistance towards the management, of such accommodation for travellers, and

(f)include any other matters as may be specified in directions issued from time to time by the Minister.

(3)Without prejudice to the generality of subsection (1), a F21[housing authority], in preparing an accommodation programme, shall have regard to—

(a)the needs identified under paragraphs (a) and (b) of subsection (2) and any matter which may be specified under paragraph (f) of subsection (2),

(b)the distinct needs and family circumstances of travellers,

(c)the provision of sites to address the accommodation needs of travellers other than as their normal place of residence and having regard to the annual patterns of movement by travellers, and

(d)such other matters as the Minister may by direction specify from time to time.

(4)A F21[housing authority] may, having considered the submissions received in accordance with section 9 (1)(c), make such changes to the draft of the accommodation programme published in accordance with section 9(1) or, where appropriate, the draft of the amendment to or replacement of the accommodation programme, as the F21[housing authority] considers appropriate.

11. Report by manager.

11.—The F24[chief executive] of a F24[housing authority] shall, as soon as may be after the date by which the submissions referred to in section 9(1)(c) are to be received, prepare a report on the submissions which have been received in accordance with that section—

(a)summarising the matters contained in such submissions,

(b)specifying the names of the persons who made such submissions,

(c)specifying the response of the F24[housing authority] concerned to such submissions, and

(d)indicating whether it is proposed to proceed with the draft of the accommodation programme or of the amendment to or the replacement of it, or to proceed with the draft as varied or modified in a manner indicated in the report, or not to proceed with such draft accommodation programme.

12. Submission of accommodation programme to relevant housing authority.

12.—The F25[chief executive] of a F25[housing authority] shall submit the draft accommodation programme, or the draft of an amendment to or replacement of it, and the report referred to in section 11 to the members of the F25[housing authority] not later than 3 months before the date specified for adoption by the Minister under section 7 or 10, or, where appropriate, the date referred to in section 17 or 18, and the F25[housing authority] concerned shall, as soon as may be after such submission, furnish a copy of such draft to the bodies notified under section 8.

13. Adjournment of meeting.

13.—(1)A F26[housing authority] may, subject to subsection (2), from time to time adjourn a meeting of such F26[housing authority] at which the motion for the adoption, amendment or replacement of the accommodation programme is being considered.

(2)A F26[housing authority] shall not adjourn a meeting referred to in subsection (1) if such an adjournment falls on a day that is later than 21 days after the date specified for adoption under section 7 or 10, or, where appropriate, the date referred to in section 17 or 18.

14. Adoption of accommodation programme by manager.

14.—Where a F27[housing authority] fails to adopt an accommodation programme, or an amendment to or a replacement of it, by the date specified for such adoption under section 7 or 10, or, where appropriate, the date referred to in section 17 or 18, or within the 21 day period of such date referred to in section 13, the F27[chief executive] shall by order adopt the draft accommodation programme, or the amendment to or replacement of it, submitted in accordance with section 12, within one month of the date concerned subject to any modifications as, in the opinion of the F27[chief executive], are considered appropriate.

15. Publication of accommodation programme.

15.—As soon as may be after the adoption of an accommodation programme, or an amendment to or replacement of it, the F28[housing authority] shall—

(a)publish a notice in at least one newspaper circulating in the functional area concerned stating—

(i)that the accommodation programme, or the amendment to or replacement of it, has been adopted,

(ii)the times at which, the period during which and the place where a copy of the accommodation programme, or the amendment to or replacement of it, may be inspected, and

(iii)that a copy of or copy of an extract from the accommodation programme, or the amendment to or replacement of it, may be purchased on payment of a fee not exceeding the reasonable costs of making such copy,

(b)make arrangements for a copy of the notice published under paragraph (a) to be displayed at such offices of the relevant housing authority to which the public have access, as the F28[housing authority] consider appropriate, and

(c)furnish a copy of the accommodation programme, or the amendment to or replacement of it, to—

(i)the members of the F28[housing authority],

(ii)the Minister, and

(iii)the bodies notified under section 8.

16. Implementation of accommodation programme.

16.—(1)A F29[housing authority] shall, in securing the implementation of an accommodation programme, or an amendment to or replacement of an accommodation programme, take any reasonable steps as are necessary for the purpose of such implementation.

(2)F30[…]

(3)F30[…]

17. Review, amendment and replacement of accommodation programme.

17.—(1)A F31[housing authority]—

(a)shall review an accommodation programme at least once in each 3 year period or at such time as the Minister may by direction specify from time to time, and

(b)may review an accommodation programme at any time during the period to which the accommodation programme concerned relates.

(2)A F31[housing authority] may amend or replace an accommodation programme at any time or following a review under subsection (1).

(3)Where a F31[housing authority] proposes to amend or replace an accommodation programme, the date of the adoption of the amendment or replacement shall be 7 months after the publication of the notice under section 9.

18. Minister and adoption of accommodation programmes.

18.—(1)The Minister, after consultation with the F32[housing authorities] concerned, may—

(a)require 2 or more than 2 F32[housing authorities] to prepare jointly and adopt an accommodation programme by a date specified by the Minister, and

(b)require that where an accommodation programme is being prepared in accordance with section 7(2), the F32[housing authorities] concerned co-ordinate such preparation and adoption in a manner, in relation to such matters and by a date, specified by the Minister,

and the F32[housing authorities] concerned shall comply with any such requirement.

(2)The Minister may, after consultation with a F32[housing authority], require that F32[housing authority] to amend or replace an accommodation programme in a manner and by a date specified by the Minister and the F32[housing authority] concerned shall comply with any such requirement.

19. National Traveller Accommodation Consultative Committee.

19.—(1)The Minister shall appoint a committee to be known as the National Traveller Accommodation Consultative Committee (in this Act referred to as “the National Consultative Committee”) to advise the Minister in relation to any general matter concerning accommodation for travellers and any matter referred to it by the Minister.

(2)Without prejudice to the generality of subsection (1), the National Consultative Committee may advise the Minister in relation to—

(a)the most appropriate measures for improving, at local level, consultation with, and participation of, travellers in the provision and management of accommodation, and

(b)general matters concerning the preparation, adequacy, implementation and co-ordination of traveller accommodation programmes.

(3)The Minister may provide such secretarial and administrative support, technical and professional advice and assistance towards research to the National Consultative Committee as the Minister considers necessary or appropriate.

(4)The Minister shall fix the date, time and place of the first meeting of the National Consultative Committee.

(5)The National Consultative Committee may regulate by standing order or otherwise, its procedure and business.

(6)The proceedings of the National Consultative Committee shall not be invalidated by any vacancies among the membership.

(7)The National Consultative Committee shall, in respect of each year and by such date as the Minister may direct, prepare and submit a report in writing to the Minister on its activities during that year and the Minister shall cause copies of such report to be laid before each House of the Oireachtas.

(8)The expenses of the National Consultative Committee may be paid for by the Minister out of moneys provided by the Oireachtas.

20. Membership of National Consultative Committee.

20.—(1)The National Consultative Committee shall consist of not more than 12 members.

(2)The Minister shall appoint a chairperson of the National Consultative Committee and—

(a)one person who has been nominated to the Minister by the Minister for Justice, Equality and Law Reform,

(b)one person who has been nominated to the Minister by the General Council of County Councils,

(c)one person who has been nominated to the Minister by the Association of Municipal Authorities of Ireland,

(d)2 persons who have been nominated to the Minister by the County and City Managers' Association,

(e)3 persons who have been nominated to the Minister by bodies representing travellers and are concerned with the accommodation for travellers as the Minister may determine,

(f)one person from among the officers of the Minister, who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956, and

(g)2 persons who, in the opinion of the Minister, have experience in relation to accommodation for travellers or are concerned with the general welfare of travellers,

to be members of the National Consultative Committee.

(3)The bodies referred to in paragraphs (b), (c), (d) and (e) of subsection (2) shall, when requested by the Minister, nominate the number of persons for consideration for appointment to the National Consultative Committee as the Minister may specify and make such nominations in accordance with any directions as may be given by the Minister from time to time, including any directions relating to an appropriate gender balance, and shall inform the Minister of the persons so nominated.

(4)The term of office of a member (including the chairperson) of the National Consultative Committee shall not exceed 3 years.

(5)A member of the National Consultative Committee may at any time be removed from office by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of effectively participating in the work of the National Consultative Committee, or has committed stated misbehaviour, or such removal appears to the Minister to be necessary or desirable for the effective performance by the National Consultative Committee of its functions under subsections (1) and (2) of section 19.

(6)A member of the National Consultative Committee may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

(7)If a member of the National Consultative Committee dies, resigns or is removed from office, the Minister may appoint a person nominated in the same manner as the member whose death, resignation or removal occasioned the casual vacancy to be a member of the National Consultative Committee to fill the casual vacancy so occasioned and a person so appointed shall hold office for the remainder of the term of office of the member whose death, resignation or removal occasioned the casual vacancy.

(8)A member of the National Consultative Committee whose term of office expires by the effluxion of time, including a member appointed to fill a casual vacancy in accordance with subsection (7), shall be eligible for re-appointment as a member of the National Consultative Committee.

21. Local traveller accommodation consultative committee.

21.—(1)A F33[housing authority] (in this section and in section 22 referred to as an “appointing authority”) shall appoint a committee which shall be known as the local traveller accommodation consultative committee (in this Act referred to as a “local consultative committee”) to advise on the provision and management of accommodation for travellers.

(2)Without prejudice to subsection (1), a local consultative committee—

(a)may advise the appointing authority F33[concerned, and]

(b)may, when requested by a F33[housing authority] other than the appointing authority concerned, advise that F33[housing authority] where the functional area of that F33[housing authority] adjoins the functional area of the appointing F33[authority.]

(c) F34[…]

(3)Without prejudice to the generality of subsection (1) or any other provision of this Act, a local consultative committee may—

(a)advise in relation to the preparation and implementation of any accommodation programme for the functional area of the appointing authority concerned,

(b)advise on the management of accommodation for travellers, and

(c)provide a liaison between travellers and members and officials of the appointing authority concerned.

(4)The appointing authority may provide such secretarial and administrative support including expenses and other costs to the local consultative committee as such appointing authority, having regard to any directions issued by the Minister, consider necessary or appropriate.

(5)The Minister may issue directions to an appointing authority in relation to—

(a)the number and composition, including an appropriate gender balance, of the membership,

(b)the period of appointment of the members,

(c)the terms of reference of the local consultative committee, and

(d)services and support,

and the appointing authority concerned shall comply with any such directions.

(6)The proceedings of a local consultative committee shall not be invalidated by any vacancies among the membership.

(7) F35[…]

22. Membership of local consultative committee.

22.—(1) An appointing authority shall, in accordance with any directions issued by the Minister under section 21(5), appoint a chairperson of the local consultative committee and the membership of such committee which shall comprise the following—

(a) members of the appointing authority concerned,

(b) officials of the appointing authority F36[concerned, and]

(c) representatives of local travellers and traveller bodies, F37[…]

(d) F37[…]

and the number of members referred to in F38[paragraph (a)] shall not exceed one half of the membership of the local consultative committee and the number of representatives referred to in paragraph (c) shall not be less than one quarter of the membership of the local consultative committee.

(2) A local consultative committee may regulate, by standing order or otherwise, its procedure and business.

(3) The making of an appointment under this section shall be a reserved function.

23. Provision of accommodation for travellers generally.

23.—Nothing in this Act shall prevent a housing authority from providing accommodation for travellers, notwithstanding that F39[the housing authority concerned has not adopted an accommodation programme] under this Act.

PART III Miscellaneous

24. Emergency situation.

24.—Nothing in this Act shall prevent a F40[chief executive] from exercising the powers conferred on a F40[chief executive] F41[under subsections (4) and (5) ofsection 138of the Local Government Act 2001,] in an emergency situation.

25. Loans for caravans or sites.

25.—(1)Subject to subsection (2), a housing authority may make a loan for the—

(a)acquisition or repair of a caravan within the meaning of section 13 of the Act of 1988 (as amended by section 29), or

(b)acquisition of land for the purpose of providing a site and any construction works required for such purpose.

(2)The Minister shall, with the consent of the Minister for Finance, specify terms and conditions for loans made under subsection (1)

(3)Subsections (2) to (14) of section 11 of the Act of 1992 shall apply, to such extent as may be appropriate and with any necessary modifications, to a loan made under this section.

26. Amendment of section 19 of Act of 1963.

26.—(1)Section 19 of the Act of 1963 is hereby amended in subsection (2) by—

(a)the insertion in paragraph (a) of the following after subparagraph (v) (inserted by the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997)):

and

(b)the insertion in paragraph (b) of the following after subparagraph (iv) (inserted by the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94 of 1997)):

(2)Section 19 of the Act of 1963 is hereby amended by the insertion after subsection (9) of the following:

27. Supplemental provisions to section 26.

27.—(1)A planning authority may, when complying with the provisions of paragraphs (a)(vi) (inserted by section 26) and (b) (v) (inserted by section 26) of section 19(2) of the Act of 1963, include those objectives in a variation of the development plan under section 20(1) of the Act of 1963 or a new development plan under section 20(1) of the Act of 1963 (as amended by section 43(1)(e) of the Local Government (Planning and Development) Act, 1976) of which notice under section 21(1)(b) of the Act of 1963 is published after the coming into operation of section 26.

(2)Notwithstanding the provisions of section 39 of the Act of 1963, any thing done or act carried out by a housing authority for the purpose of implementing an accommodation programme shall be deemed not to contravene a development plan in the period between the coming into operation of section 26 and compliance with paragraphs (a)(vi) (inserted by section 26)) and (b)(v) (inserted by section 26) of section 19(2) of the Act of 1963.

28. Amendment of section 3 of Housing (Miscellaneous Provisions) Act, 1979.

28.—F42[…]

29. Amendment of section 13 of Act of 1988.

29.—Section 13 of the Act of 1988 is hereby amended by the substitution of the following section for section 13:

30. Amendment of section 15 of Act of 1988.

30.—Section 15 of the Act of 1988 is hereby amended in subsection (1) by the substitution of the following paragraph for paragraph (c):

31. F43[Annual report and activities of a local consultative committee.

31.—An annual report of a local authority prepared in accordance withsection 221of the Local Government Act, 2001, shall record particulars of the activities of the local consultative committee and the steps taken to secure the implementation of an accommodation programme for the functional area concerned during the period to which the annual report relates.]

32. Amendment of section 10 of Act of 1992.

32.—Section 10 of the Act of 1992 is hereby amended by—

(a)the substitution of the following subsection for subsection (1):

“(1) Where, without lawful authority, a person erects, places, occupies or otherwise retains a temporary dwelling in a public place and such temporary dwelling—

(a)is within a five mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed under section 6 and the temporary dwelling concerned could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained, appropriately be accommodated on that site, the housing authority may serve a notice on that person requiring that person, within a specified period, to remove the said temporary dwelling to the said site,

(b)is, in the opinion of the housing authority concerned—

(i)unfit for human habitation due to lack or inadequacy of water supply, sanitation or other essential services, or

(ii)likely to obstruct or interfere with the use of public or private amenities or facilities, or the maintenance of such amenities or facilities, or

(iii)likely to constitute or constitutes a significant risk to personal health, public health, or safety,

and such temporary dwelling could, in the opinion of the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained, appropriately be accommodated on any site provided, managed or controlled under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any site provided or managed under section 6, the housing authority may serve a notice on that person requiring that person, within a specified period, to remove such temporary dwelling to the said site,

(c)is within a one mile radius of any site provided, managed or controlled by a housing authority under section 13 of the Act of 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998), or any other traveller accommodation provided, managed or controlled by a housing authority under the Housing Acts, 1966 to 1998, or any traveller housing accommodation provided or managed under section 6 and the housing authority within whose functional area such temporary dwelling has been erected, placed, occupied or otherwise retained is of the opinion that, whether by reason of being one of a number of such temporary dwellings or otherwise, such temporary dwelling—

(i)is causing a nuisance or obstruction to the occupants of that site or traveller accommodation or other dwellings within the vicinity of that site or that traveller accommodation, or

(ii)creates a risk to the quality of water, sanitary, electrical or other services associated with that site or traveller accommodation or other dwellings within the vicinity of that site or traveller accommodation,

the housing authority concerned may serve a notice on that person requiring that person, within a specified period, to remove the said temporary dwelling,

but where the site specified in a notice under paragraph (a) or paragraph (b) is a site provided by a housing authority other than the housing authority serving such notice or a body standing approved for the purposes of section 6, such notice shall not be served until the consent of the housing authority or body concerned to such service has been obtained.”,

(b)the substitution in subsection (2) of the following paragraph for paragraph (b):

“(b)the location of the site to which the temporary dwelling is required to be removed, or where a notice is served under subsection (1)(c), that the temporary dwelling is required to be removed to at least a distance of one mile from the specified site,”,

and

(c)the substitution in subsection (5) of the following paragraph for paragraph (a):

“(a)to the site specified in the notice or, where a notice is served under subsection (1)(c), to a location that is not less than one mile from the site referred to in than subsection, or”.

33. Amendment of section 34 of Act of 1992.

33.—Section 34 of the Act of 1992 is hereby amended in subsection (1) by the substitution of “18, 20 or 20A” for “18 or 20”.

34. Amendment of section 1 of Act of 1997.

34.—Section 1 of the Act of 1997 is hereby amended in subsection (1) by—

(a)the insertion in paragraph (b) of the definition of “antisocial behaviour” after “house is situate” of “or a site”,

(b)the insertion of the following definition after the definition of “antisocial behaviour”:

“‘caravan’ has the meaning assigned to it by section 13 of the Housing Act, 1988 (as amended by the Housing (Traveller Accommodation) Act, 1998);”,

(c)the insertion in paragraph (b) of the definition of “estate management” after “1997” of “or a site”,

(d)the insertion in the definition of “respondent” of “or where appropriate under section 3A” after “section 3”, and

(e)the insertion of the following definitions after the definition of “respondent”:

“‘site’ means—

(a)a site to which section 13 of the Housing Act, 1988, (as amended by the Housing (Traveller Accommodation) Act, 1998) applies, and

(b)a site provided or managed under section 6 of the Housing (Miscellaneous Provisions) Act, 1992;”, and

“‘site excluding order’ has the meaning assigned to it by section 3A;”.

35. Amendment of Act of 1997.

35.—The Act of 1997 is hereby amended by—

(a)the insertion of the following section after section 3:

“Site excluding orders.

3A.—(1)A person who is authorised, including a person who is jointly authorised, by a housing authority or an approved body to occupy a caravan on a site (in this section referred to as an ‘authorised person’) may apply to the District Court for a site excluding order against another person (in this Act referred to as the ‘respondent’) whom the authorised person making the application believes to be engaging in antisocial behaviour.

(2)A housing authority or an approved body may, in respect of a site provided by the housing authority or the approved body under the Housing Acts, 1966 to 1998, apply to the District Court for a site excluding order against a respondent whom the housing authority or the approved body believe to be engaging in anti-social behaviour and where the housing authority or the approved body—

(a)having consulted the authorised person concerned and the health board in whose functional area the site is situate, believe that such authorised person may be deterred or prevented by violence, threat or fear from pursuing an application for a site excluding order, and

(b)consider that, in the interests of good estate management, it is appropriate, in all the circumstances, to apply for a site excluding order.

(3)Where, following an application under this section, the District Court, or the Circuit Court on appeal from the District Court, is of the opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour, it may by order (in this Act referred to as a ‘site excluding order’)—

(a)direct the respondent, if residing at the site in respect of which the application was made, to leave that site, and

(b)prohibit the respondent, whether or not the respondent is or is not residing at the site, for the period during which the order is in force, from entering or being in the vicinity of that site or any other specified site or being on or being in or in the vicinity of any specified site.

(4)A site excluding order may, if the court thinks fit, prohibit the respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the authorised person referred to in either subsection (1) or subsection (2) or other occupant of any site concerned.

(5)Where a site excluding order has been made the authorised person concerned, where the application was made under subsection (1), or the housing authority or approved body, where the application was made under subsection (2), or the respondent may apply to have such site excluding order varied and the District Court, or the Circuit Court, on hearing such application for variation shall make such order as it considers appropriate in the circumstances.

(6)A site excluding order, whether made by the District Court or the Circuit Court on appeal from the District Court, shall, subject to subsection (7) and section 9, expire 3 years after the date of its making or on the expiration of such shorter period as specified in the order.

(7)On or before the expiration of a site excluding order to which subsection (6) relates, a further site excluding order may be made by the District Court, or by the Circuit Court, on appeal from the District Court, for a period of 3 years or such shorter period as specified in the order and the order shall take effect from the date of expiration of the first-mentioned site excluding order.

(8)A site excluding order under this section may if the court thinks fit or appropriate—

(a)require the respondent, within a specified period, or

(b)permit the respondent, on such conditions as the court may specify,

to remove from the site any caravan owned and occupied by the respondent on that site.

(9)Sections 4 to 12 shall apply, with any necessary modifications, to a site excluding order under this section and for this purpose references in those sections to—

(a)‘excluding order’ shall be construed and have effect as including a reference to a site excluding order,

(b)‘interim excluding order’ shall be construed and have effect as including a reference to an interim site excluding order,

(c)‘house’ or ‘housing estate’ shall be construed and have effect as including a reference to a site, and

(d)‘tenant’ shall be construed and have effect as including a reference to an authorised person making an application under subsection (1) or referred to in subsection (2)(a).

(10)Subsections (4), (5) and (8) shall apply to an interim site excluding order as they apply to a site excluding order.

(11)In this section ‘approved body’ has the meaning assigned to it by section 13(2);”,

and

(b)the insertion of the following section after section 14:

36. Miscellaneous amendments to Act of 1997.

36.—The Act of 1997 is hereby amended—

(a)in section 10 by the insertion in subsection (1) after “section 3,” of “3A,”,

(b)in section 11 by the insertion after “section 3,” of “3A,” and

(c)in section 21 by the insertion after “section 3,” of “3A,”.