Housing (Gaeltacht) (Amendment) Act, 2001

AN ACT TO AMEND AND EXTEND THE HOUSING (GAELTACHT) ACTS, 1929 TO 1979, AND TO PROVIDE FOR RELATED MATTERS. [23rd April, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definitions.

1.—In this Act—

“Act of 1953” means the Housing (Gaeltacht) (Amendment) Act, 1953;

“Act of 1959” means the Housing (Gaeltacht) (Amendment) Act, 1959;

“Act of 1964” means the Housing (Gaeltacht) (Amendment) Act, 1964;

“Act of 1967” means the Housing (Gaeltacht) (Amendment) Act, 1967;

“Act of 1979” means the Housing (Gaeltacht) (Amendment) Act, 1979;

“Minister” means Minister for Arts, Heritage, Gaeltacht and the Islands;

“Principal Act” means the Housing (Gaeltacht) Act, 1929.

2 Interpretation of Principal Act.

2.—The Principal Act is amended by the substitution for section 1 of the following:

“1.—In this Act—

‘Commissioners’ means Commissioners of Public Works in Ireland;

‘family’, in relation to the occupier of a dwelling-house, means all persons usually residing in the dwelling-house with the occupier, whether related or not related by blood or marriage to the occupier;

‘Housing (Gaeltacht) Acts’ means the Housing (Gaeltacht) Act, 1929, and every other enactment which is to be construed together as one with that Act;

‘Minister’ means Minister for Arts, Heritage, Gaeltacht and the Islands;

‘prescribed’ means prescribed by regulations made by the Minister under this Act.”.

3 Extent of Gaeltacht.

3.—The Principal Act is amended by the substitution for section 2 of the following:

“2.—For the purposes of the Housing (Gaeltacht) Acts, the Gaeltacht shall comprise such areas as, by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956, stand determined for the time being to be Gaeltacht areas.”.

4 Amendment of section 3 (grants in relation to dwelling-houses) of Principal Act.

4.—Section 3 of the Principal Act is amended—

• (a) by the substitution for subsection (7) (as amended by section 3(a) of the Act of 1967) of the following:

• “(7) The Minister may, in his or her discretion but subject to the Housing (Gaeltacht) Acts, make a grant (in this Act also referred to as a building grant) to a person who—

  • (a) is not the occupier of a dwelling-house in the Gaeltacht, and

  • (b) shows to the satisfaction of the Minister that the Irish language is the language habitually used by him or her and, if a family will be living in the proposed dwelling-house concerned, will also be the language habitually used by the family,

  towards the cost of the erection of the dwelling-house in the Gaeltacht for occupation by him or her as his or her permanent residence.”,

and

• (b) by the insertion after subsection (9) (inserted by section 3(b) of the Act of 1967) of the following:

• “(10)

  • (a) Where, on application to the Minister in that behalf in respect of a dwelling-house in the Gaeltacht, the roof of which is a thatched roof, by a person (‘the applicant’) who is—

    • (i) the owner thereof and who resides in the dwelling-house or elsewhere in the Gaeltacht, or

    • (ii) the occupier, but not the owner, thereof,

    the Minister may, in his or her discretion, but subject to the Housing (Gaeltacht) Acts and in accordance with any regulations made under this section, if he or she is satisfied that—

    - (I) the roof requires to be repaired or replaced, and
    
    - (II) the Irish language is the language habitually used by the applicant and his or her family,
    
      make a grant not exceeding such amount as may be determined under paragraph (*b*) in respect of the cost of such repair or replacement.
    

  • (b) The Minister may, by regulations made with the consent of the Minister for Finance, determine the maximum amount of the grant payable under this section.”.

5 Amendment of section 6 (general provisions as to grants) of Principal Act.

5.—Section 6 (as amended by section 8(8) of the Act of 1959) of the Principal Act is amended by the substitution for subsection (1) of the following:

• “(1) An application for a grant under the Housing (Gaeltacht) Acts shall be in such form, and shall contain such information, as the Minister may direct.”.

6 Restriction on making of grants.

6.—The Principal Act is amended by the substitution for section 7 of the following:

“7.—(1) A grant shall not be made under the Housing (Gaeltacht) Acts in respect of works in respect of which a grant for those works is being or has been made—

• (a) out of public moneys, or

• (b) out of moneys provided by an institution of the European Communities.

• (2) An improving grant (other than an improving grant to which subsection (3) applies) shall not be made under the Housing (Gaeltacht) Acts in respect of a dwelling-house during the period of 7 years following the making of the final payment in respect of a building grant or improving grant in respect of the same dwelling-house.

• (3) This subsection applies to—

  • (a) the installation of a back boiler or solid fuel burning appliance to provide a hot water supply, or

  • (b) works carried out to comply with advice given under section 18(4) of the Fire Services Act, 1981, or with a fire safety notice served under section 20 of that Act.

• (4) The Minister may, in his or her discretion, refuse to make any grant under the Housing (Gaeltacht) Acts in respect of a dwelling-house in respect of which a grant out of public moneys or out of moneys provided by an institution of the European Communities has been made within 7 years preceding the date of application for such a grant.”.

7 Amendment of section 16 (regulations) of Principal Act.

7.—Section 16(1) of the Principal Act is amended by—

• (a) the substitution for paragraph (b) (as amended by section 3(3) of the Act of 1953) of the following:

• “(b) the nature, character and extent of the works to be executed with the aid of any grant made or financial assistance provided under the Acts;”,

and

• (b) the deletion in paragraph (c) of “(whether erection, improvement, or extension)”.

8 Amendment of section 8 (increased grants in respect of work on offshore islands) of Act of 1979.

8.—Section 8 of the Act of 1979 is amended by the substitution for subsection (1) of the following:

• “(1) The Minister may, by regulations made with the consent of the Minister for Finance, provide for an increase by such amount not exceeding 200 per cent as he or she may from time to time determine, of any grants payable under the Housing (Gaeltacht) Acts in respect of dwelling-houses situated on islands, including such grants in respect of works that were begun before the passing of this Act but after 2 December 1998.”.

9 Schemes in relation to dwelling-houses.

9.—(a) Notwithstanding anything contained in the Housing (Gaeltacht) Acts, the Minister may, with the consent of the Minister for Finance and in accordance with any regulations under this section, make schemes for the provision of grants or other financial assistance to a person towards the cost of the erection or improvement of a dwelling-house in the Gaeltacht, where the Minister is satisfied that the occupation of such a dwelling-house will not be detrimental to the use of the Irish language in that Gaeltacht area.

• (b) The Minister may, with the consent of the Minister for Finance, make regulations for the purposes of this section and, without prejudice to the generality of the foregoing, may make provision in those regulations in relation to any one or more of the following:

• (i) the maximum amount, expressed as a monetary amount or as a percentage of the cost of the improvement or erection or both, of a grant or other financial assistance provided under this section;

• (ii) the persons to whom such a grant or other financial assistance may be provided;

• (iii) the restriction of the number of dwelling-houses in respect of which such a grant or other financial assistance may be provided to a particular person;

• (iv) the restriction of the provision of such a grant or other financial assistance in cases where grants or financial assistance out of public moneys or out of moneys provided by an institution of the European Communities have been provided in respect of the same dwelling-house;

• (v) the provision of such a grant or other financial assistance in respect of a dwelling-house that has been damaged by fire, explosion or an act of God;

• (vi) (I) the size, design, floor area and standards of construction of, and the provision of water, sewerage and other services for, a dwelling-house,

• (II) the suitability of a dwelling-house for improvement and the type and purpose of improvement works,

• (III) the occupation of a dwelling-house,

• (IV) the social, financial and family circumstances of the occupiers or the intended occupiers of a dwelling-house,

• (V) the use of the Irish language by the occupiers or intended occupiers of a dwelling-house,

in respect of which such a grant or other financial assistance may be provided.

• (c) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section.

10 Recovery of grants.

10.—Where the Minister is satisfied that—

• (a) a grant or other financial assistance under the Housing (Gaeltacht) Acts has been procured through fraud or by misrepresentation, or

• (b) an overpayment of such a grant or other financial assistance has been provided,

the amount of the grant or other financial assistance or overpayment, as the case may be, shall be repayable to the Minister on demand and, if not so repaid, the Minister may recover the amount, as a simple contract debt in any court of competent jurisdiction, from the person to whom it was made.

11 Recovery of loans.

11.—(a) The Minister may by regulations—

• (i) make provision for the repayment of loans made under section 8 of the Principal Act, and the regulations may specify the time or times at which and the instalments in which such repayment is to be made, and

• (ii) with the consent of the Minister for Finance, make provision for the writing off of the whole or part of the amount owing in respect of loans made under section 8 of the Principal Act, if he or she considers that—

• (I) the whole or part, as the case may be, of the debt is irrecoverable,

• (II) the repayment of the whole or the part, as the case may be, would cause undue hardship to the borrower, or

• (iii) with the consent aforesaid write off the whole of the said amount if he or she considers that it is so small that its recovery would be unduly costly.

• (b) A regulation under section 8(3) of the Principal Act that is in force immediately before the passing of this Act shall continue in force as if made under this section, and a reference in any such regulation to the Commissioners shall be construed as a reference to the Minister.

12 Transfer of certain functions to Minister.

12.—Where a loan the subject of a charging order under subsection (1) of section 9 of the Principal Act that has been registered under subsection (3) of that section has not been repaid in full—

• (a) for the purposes of subsection (2) of that section, the Minister shall be deemed to be the mortgagee under the mortgage concerned and the said section 9 shall be construed accordingly,

• (b) section 10 of the Principal Act shall apply in relation to the charging order as if the references to the Commissioners were references to the Minister.

13 Repeals.

13.—The enactments mentioned in columns (1) and (2) of the Schedule are repealed to the extent specified in column (3) of the Schedule opposite such mention.

14 Short title, collective citation and construction.

14.—(1) This Act may be cited as the Housing (Gaeltacht) (Amendment) Act, 2001.

• (2) The Housing (Gaeltacht) Acts, 1929 to 1979, and this Act may be cited together as the Housing (Gaeltacht) Acts, 1929 to 2001, and shall be construed together as one Act.

SCHEDULE

Enactments Repealed