Housing (Regulation of Approved Housing Bodies) Act 2019

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Housing (Regulation of Approved Housing Bodies) Act 2019.

(2) The Housing Acts 1966 to 2014 and section 67 and this subsection may be cited together as the Housing Acts 1966 to 2019.

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

2. Interpretation

2. In this Act—

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

“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009;

“Act of 2014” means the Companies Act 2014;

“AHB” means an approved housing body;

“Appeals Board” means an Appeals Board appointed under section 62(3);

“Appeals Panel” means the Appeals Panel established under section 61;

F1["approved housing body" means a person registered in the register in accordance withsection 28(2)(a)as an approved housing body;]

“approved standards” means standards approved and published under section 37;

“charitable trust” means—

(a) a charitable trust within the meaning of the Charities Act 2009, or

(b) the Iveagh Trustees (also referred to as the Iveagh Trust) within the meaning of the Iveagh Trust Acts 1899 to 1961;

“chief executive” means the chief executive officer of the Regulator appointed under section 11;

“common areas, structures, works and services” means, F1[in relation to dwellings provided for the purpose of alleviating a housing need], areas, structures, works and services that are, or are intended to be, common to such dwellings and enjoyed therewith, including, where relevant, access and side roads, architectural features, circulation areas, footpaths, internal common stairways, open spaces, parking areas, utility rooms and that portion of the roof or exterior of any building not intended to form or not forming part of any individual dwelling;

“communal facilities and amenities” means, F1[in relation to dwellings provided for the purpose of alleviating a housing need], areas, structures, works and services that are, or are intended to be, common to such dwellings and enjoyed therewith and used for the common benefit or enjoyment of tenants of those dwellings, including, but not limited to, facilities for sanitation, heating, refuse, food preparation, dining, storage, laundry, child care and recreation;

“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

“compliance plan” has the meaning given to it by section 39(1);

“constitution” means the rules, in writing, that govern the administration and control of an AHB and regulate its activities, and includes—

(a) in the case of a company, the constitution (within the meaning of section 2 of the Act of 2014) of the company,

(b) in the case of a charitable trust (within the meaning of paragraph (a) of the definition in this section of “charitable trust”), the deed of trust establishing the charitable trust,

(c) in the case of a charitable trust (within the meaning of paragraph (b) of the definition in this section of “charitable trust”), the Iveagh Trustees (also referred to as the Iveagh Trust) within the meaning of the Iveagh Trust Acts 1899 to 1961,

(d) in the case of a registered society, the rules of the registered society, and

(e) in the case of a friendly society (within the meaning of the Friendly Societies Acts 1896 to 2018), the rules of the friendly society,

but does not include any other enactment or rule of law applicable to the carrying on of the activities of the AHB;

“dwelling” has the same meaning as it has in the Act of 2009;

“eligibility criteria” has the meaning given to it by section 25;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“establishment day” means the day appointed, by order, under section 7;

“financial year”, in relation to the Regulator, means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Regulator, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

“functional area”, in relation to a housing authority, has the same meaning as it has in section 23(1) of the Act of 1992;

“housing authority” has the same meaning as it has in the Act of 1992;

“Minister” means Minister for Housing, Planning and Local Government;

“notice of non-compliance” has the meaning given to it by section 39(2);

“notice of non-implementation” has the meaning given to it by section 42(1);

F2["purpose of alleviating a housing need" shall be construed in accordance withsection 2A;]

“record” includes, in addition to any record in writing—

(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form),

(b) a map, plan or drawing,

(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,

(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and

(e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d);

“register” has the meaning given to it by section 26, and “registered” shall be construed accordingly;

“registered charitable organisation” has the same meaning as it has in the Charities Act 2009;

“registered society” means a society registered under the Industrial and Provident Societies Acts 1893 to 2018;

“Regulator” has the meaning given to it by section 8;

“standards assessment” has the meaning given to it by section 38.

2A. F3[Dwellings provided or managed by approved housing body for purpose of alleviating housing need

2A.In this Act—

(a) a dwelling designated as a cost rental dwelling under Part 3 of theAffordable Housing Act 2021provided or managed by an AHB, and

(b) a dwelling provided or managed by an AHB in relation to which the AHB received or is receiving assistance from a housing authority under section 6 of theHousing (Miscellaneous Provisions) Act 1992,

shall each be deemed to be a dwelling provided or, as the case may be, managed by an AHB for the purpose of alleviating a housing need.]

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

4. Review of Act

4. (1) The Minister shall, not later than 5 years after the establishment day, conduct a review of the operation and effectiveness of this Act and shall, not later then 6 months after the end of that period of 5 years, or on the completion of the review, whichever is the earlier, prepare a report, in writing, of the findings of the review and of the conclusions drawn from those findings and cause copies of the report to be laid before each House of the Oireachtas.

(2) In conducting a review under this section, the Minister shall consult with the Regulator and such other persons as the Minister considers appropriate for the purpose of the review.

5. Giving of documents

5. (1) Subject to subsections (2) and (3), a notice, direction or other document that is required to be given to a person under this Act shall be in writing and addressed to the person concerned by name, and may be so given to the person in one or more than one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) by electronic means, in a case in which the person (in this paragraph referred to as “the first named person”) has given notice in writing to the person giving the notice, direction or document concerned of the first named person’s consent to the notice, direction or document (or notices, directions or documents of a class to which the notice, direction or document belongs) being given to the first named person in that manner.

(2) Where a notice, direction or document under this Act is to be given to a person who is the owner or occupier of land or property and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

(3) For the purposes of this section, a company or a registered society, as the case may be, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

6. Offences and penalties

6. (1) A person guilty of an offence under section 35(3), 55(3) or 65(3) shall be liable—

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or to both,

(b) on conviction on indictment to a fine not exceeding €300,000 or to imprisonment for a term not exceeding 10 years or to both.

(2) A person guilty of an offence under section 35(1), 36(6), 38(9), 45(6) or 51 shall be liable—

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or to both,

(b) on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 5 years or to both.

(3) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(4) Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with such member’s functions of management as if he or she were a director or manager of the body corporate.

(5) Summary proceedings for an offence under this Act may be brought and prosecuted by the Regulator.

(6) Where a person is convicted of an offence under this Act, the court shall order the person to pay to the Regulator the costs and expenses, measured by the court, incurred by the Regulator in relation to the investigation, detection and prosecution of the offence, unless the court is satisfied that there are special and substantial reasons for not so doing.

PART 2 Approved Housing Bodies Regulatory Authority

7. Establishment day

7. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

8. Establishment of Approved Housing Bodies Regulatory Authority

8. (1) There shall stand established on the establishment day a body, which shall be known, subject to subsection (2), in the Irish language, as An tÚdarás Rialála Comhlachtaí Tithíochta Ceadaithe or, in the English language, as the Approved Housing Bodies Regulatory Authority (in this Act referred to as the “Regulator”), to perform the functions conferred on it by this Act.

(2) The Regulator may, for operational purposes, describe itself in the Irish language as Rialálaí na gComhlachtaí Tithíochta Ceadaithe or, in the English language, as the Approved Housing Bodies Regulator.

(3) The provisions of the Schedule shall have effect in relation to the Regulator.

9. Functions of Regulator

9. (1) The general functions of the Regulator shall be to—

(a) establish and maintain a register of AHBs,

(b) register persons as AHBs,

(c) prepare draft standards for approval by the Minister under section 37 and publish the approved standards,

(d) monitor and assess compliance by AHBs with this Act, in particular the approved standards,

(e) carry out investigations under Part 5,

(f) under Part 6, protect tenants and AHBs and cancel the registration of AHBs,

(g) encourage and facilitate the better governance, administration and management, including corporate governance and financial management, of AHBs by the provision of such information and advice, in such form and manner, as the Regulator considers appropriate,

(h) with a view to promoting awareness and understanding of this Act, make available such information as appears to the Regulator to be expedient to give to the public about the operation of this Act, in such form and manner, as the Regulator considers appropriate,

(i) collect such information concerning AHBs as the Regulator considers necessary and appropriate for the purposes of the performance of the Regulator’s functions, and

(j) publish such information (including statistical information) concerning AHBs as the Regulator considers appropriate.

(2) In performing its functions the Regulator shall have regard to—

(a) the policies and objectives of the Government or any Minister of the Government in so far as they affect or may relate to the functions of the Regulator,

(b) the need to cooperate with and coordinate its activities with other public authorities, the performance of whose functions may affect or relate to the functions of the Regulator (other than the functions referred to in subsection (1)(d), (e) and (f)), and

(c) the resources available to the Regulator.

(3) The Regulator shall have all such powers as are necessary or expedient for the performance of its functions.

(4) Subject to this Act, the Regulator shall be independent in the performance of its functions.

(5) The Regulator may perform any of its functions through or by any member of the staff of the Regulator duly authorised in that behalf by the Regulator.

10. Grants to Regulator

10. In each financial year, the Minister may advance to the Regulator out of moneys provided by the Oireachtas such sums as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine for the purposes of expenditure by the Regulator in the performance of its functions.

11. Chief executive

11. (1) There shall be a chief executive officer of the Regulator (in this Act referred to as the “chief executive”).

(2) The chief executive (other than a chief executive reappointed under subsection (6)) shall, subject to subsection (4), be appointed by the Regulator from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service after a competition for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 has been held.

(3) The Public Appointments Service shall not, in relation to a competition referred to in subsection (2), make a recommendation for the purposes of that subsection in respect of more than 3 persons.

(4) (a) Where a competition to appoint a chief executive is held before the establishment day, the successful candidate may be appointed by the Minister as the chief executive designate of the Regulator.

(b) Notwithstanding subsection (2), the chief executive designate shall be appointed chief executive on the establishment of the Regulator.

(c) For the purposes of subsection (5), the date of the person’s appointment under paragraph (a) shall be deemed to be the date of his or her appointment under this section.

(5) The chief executive shall hold office for such period not exceeding 5 years from the date of his or her appointment as the Regulator may determine with the prior approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(6) The Regulator may reappoint a person whose term of office as chief executive expires by the passage of time to be the chief executive.

(7) A person who is reappointed to be the chief executive under subsection (6) shall not hold office for periods the aggregate of which, including the period for which he or she was first appointed to be chief executive, exceeds 10 years.

(8) The chief executive shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Regulator with the prior approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(9) The chief executive shall not hold any other office or employment or carry on any business without the consent of the Regulator given with the prior approval of the Minister.

(10) The chief executive shall not be a member of the Regulator or of any committee of the Regulator, but he or she may, in accordance with procedures established by the Regulator or a committee of the Regulator, as the case may be, attend meetings of the Regulator or the committee, as the case may be, and shall be entitled to speak at and advise such meetings.

(11) The chief executive may, with the prior approval of the Minister, be removed from office by the Regulator for stated reasons.

12. Functions of chief executive

12. (1) The chief executive shall carry on and manage, and control generally, the administration and business of the Regulator and perform such other functions (if any) as may be determined by the Regulator.