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.