Housing (Regulation of Approved Housing Bodies) Act 2019

• (a) where no appeal is brought under Part 7, on the expiration of the period specified in section 39(8) for bringing an appeal, or

• (b) where an appeal is brought under Part 7 and the notice under section 39(6)(b) is confirmed on appeal, or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.

• (2) The Regulator shall, as soon as practicable after a notice of non-compliance is given to an AHB under section 39(4) or subsection (1), as the case may be, enter on the register the particulars of the notice of non-compliance, including the details (in summary form) of the approved standard in respect of which the notice was given.

• (3) An AHB to whom a notice of non-compliance is given under section 39(4) or subsection (1), as the case may be, may submit a compliance plan to the Regulator, in the form and manner specified in section 39(1), setting out the measures taken or proposed to be taken by the AHB to rectify the failure to which the notice relates.

• (4) The Regulator may, by notice given to the AHB—

• (a) approve, or

• (b) reject, setting out its reasons,

a compliance plan submitted to it under subsection (3).

• (5) Where an AHB is given a notice under subsection (4)(b), the AHB may appeal the notice to the Appeals Panel under Part 7 not later than 21 days from the date of the notice.

• (6) The Regulator, as soon as practicable after a compliance plan, submitted to it under subsection (3) following the giving of a notice of non-compliance under section 39(4) or subsection (1), as the case may be, has been approved under subsection (4)(a), shall—

• (a) make an entry on the register that the plan has been so approved, including the details (in summary form) of the measures taken or proposed to be taken by the AHB pursuant to the plan, and

• (b) remove the entry made on the register under subsection (2).

41. Notice of implementation of compliance plan

41. Subject to section 42, the Regulator, on being satisfied that the compliance plan has been implemented in accordance with its terms, shall, as soon as practicable—

• (a) give notice to the AHB of its being satisfied that the plan has been so implemented, and

• (b) remove the entry made on the register under section 39(7) or 40(6), as the case may be.

42. Failure to implement compliance plan

42. (1) Where the Regulator is of the opinion that a compliance plan has not been or is not being implemented in accordance with its terms by an AHB, the Regulator may give a notice to the AHB—

• (a) stating the date on which the notice is given,

• (b) informing the AHB of its opinion and stating the reasons for its opinion,

• (c) requiring the AHB, within a reasonable period specified in the notice, to confirm implementation of the compliance plan in accordance with its terms, and

• (d) informing the AHB that failure to confirm implementation of the compliance plan within the period specified in the notice may result in the AHB being given a notice of non-implementation of the compliance plan (in this Act referred to as a “notice of non-implementation”).

• (2) Where an AHB fails to comply with a requirement of the Regulator in a notice given to the AHB under subsection (1), the Regulator shall, by notice given to the AHB (in this section referred to as an “advance notice”) inform the AHB that it is proposing to give a notice of non-implementation to the AHB.

• (3) An advance notice shall—

• (a) state the date on which the notice is given,

• (b) inform the AHB of the failure to comply with a requirement in a notice given to the AHB under subsection (1),

• (c) specify a reasonable period within which the AHB shall comply with the requirement,

• (d) inform the AHB that failure to comply with the requirement within the period specified in the notice may, subject to subsection (4), result in the AHB being given a notice of non-implementation, and

• (e) inform the AHB that it may make representations to the Regulator in accordance with subsection (4) within the period specified in the notice.

• (4) Where an AHB is given an advance notice, the AHB may, within the period specified in the advance notice, make representations, in writing, to the Regulator in respect of the proposed notice of non-implementation.

• (5) The Regulator shall have regard to any representations made to it in accordance with subsection (4) in determining whether to proceed to give the notice of non-implementation.

• (6) The Regulator shall, subject to subsection (5), give a notice of non-implementation to an AHB who fails to comply with a requirement in a notice given under subsection (1) within the period specified in the advance notice and the notice of non-implementation shall inform the AHB concerned of the matters referred to in subsections (7) and (8).

• (7) Where an AHB is given a notice of non-implementation, the AHB may appeal the notice to the Appeals Panel under Part 7 not later than 21 days from the date of the notice.

• (8) A notice of non-implementation shall come into effect—

• (a) where no appeal is brought under Part 7, on the expiration of the period specified in subsection (7) for bringing an appeal under that Part, or

• (b) in the case where an appeal is brought under Part 7, on the date on which the notice is confirmed on appeal or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.

43. Entry on register of particulars of notice of non-implementation

43. (1) The Regulator shall, as soon as practicable after a notice of non-implementation comes into effect pursuant to section 42, enter on the register the particulars of the notice of non-implementation including the details (in summary form) of the approved standard in respect of which the compliance plan has not been implemented.

• (2) The AHB may at any time apply to the Regulator to have the entry made on the register under subsection (1) removed from the register by notice to the Regulator confirming implementation of the compliance plan and requesting that the entry be removed.

• (3) The Regulator, on being satisfied that the compliance plan has been implemented in accordance with its terms, shall, as soon as practicable—

• (a) give notice to the AHB of its being satisfied that the plan has been so implemented, and

• (b) remove the entry made on the register under subsection (1).

PART 5 Investigation

44. Definitions (Part 5)

44. (1) In this Part—

“agent”, in relation to an AHB, includes a banker, solicitor or auditor to the AHB, and any person who was but is no longer an agent to an AHB;

“bank account” includes an account with any person exempt by virtue of section 7(4) of the Central Bank Act 1971 from the requirement of holding a licence under section 9 of that Act;

“inspector” means a person appointed under section 45(1) to be an inspector for the purposes of this Part;

“investigation” means an investigation under section 46(1);

“investigation report” means a report, in writing, prepared by an inspector following the completion of an investigation;

“officer” includes, in relation to an AHB, a person who was, but is no longer an officer of the AHB;

“premises” includes vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or movable structure.

• (2) For the purposes of this Part, where records are held or maintained in electronic form, the obligation to produce or provide records includes an obligation to produce or provide those records in a legible and comprehensible printed form.

45. Appointment of inspectors

45. (1) For the purposes of this Part—

• (a) the Regulator may appoint such members of its staff as it thinks fit to be inspectors for such period and subject to such terms as the Regulator may determine, and

• (b) the Regulator may appoint such other persons as it thinks fit to be inspectors for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Regulator, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, may determine.

• (2) The Regulator may revoke the appointment of an inspector appointed under subsection (1), whether or not the appointment was for a fixed period.

• (3) An appointment under subsection (1) ceases—

• (a) if it is revoked under subsection (2),

• (b) if it is for a fixed period, on the expiry of that period, or

• (c) if the person appointed is a member of staff of the Regulator, on the person ceasing to be such a member.

• (4) An inspector shall be furnished with a certificate of his or her appointment by the Regulator.

• (5) When exercising any power conferred on an inspector by this Part, the inspector shall, if requested by a person affected, produce the certificate of appointment or a copy of it and a form of personal identification to that person for inspection.

• (6) A person who purports to act as an inspector for the purposes of this Part—

• (a) without having been duly appointed under subsection (1), or

• (b) after his or her appointment ceases under subsection (3),

shall be guilty of an offence.

46. Investigation into affairs of AHB

46. (1) Where the Regulator considers it is necessary to do so for the purposes of the performance of any of its functions, the Regulator may appoint one or more than one inspector—

• (a) to investigate the affairs of an AHB, and

• (b) to prepare and submit to the Regulator an investigation report.

• (2) The terms of appointment of an inspector under subsection (1) may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise and, in particular, may limit the investigation to matters connected with particular circumstances.

• (3) Where more than one inspector has been appointed under subsection (1) to carry out an investigation, the investigation report shall be prepared jointly by the inspectors so appointed and this Part shall, with all necessary modifications, be construed accordingly.

47. Investigation reports

47. (1) An inspector appointed under section 46(1) to carry out an investigation may, and if so directed by the Regulator shall, make interim reports to the Regulator and, on the conclusion of the investigation, shall submit an investigation report to the Regulator.

• (2) Notwithstanding anything contained in subsection (1), an inspector may, at any time in the course of the investigation, without the necessity of making an interim report, inform the Regulator of matters coming to the inspector’s knowledge as a result of the investigation tending to show that an offence has been committed.

• (3) The Regulator may, if it considers it appropriate—

• (a) furnish a copy of an interim report or investigation report to the AHB that is the subject of the report,

• (b) on request, furnish a copy of an interim report or investigation report to—

• (i) any person whose conduct is referred to in the report,

• (ii) the auditors of the AHB,

• (iii) any other person (including a member of staff of the AHB) whose financial interests appear to the Regulator to be affected by the matters dealt with in the report, whether as a creditor of the AHB or otherwise,

• (iv) the Central Bank, in any case in which the report relates, wholly or partly, to the affairs of the holder of a licence under section 9 of the Central Bank Act 1971,

• (v) the Charities Regulatory Authority,

• (vi) the Office of the Director of Corporate Enforcement,

• (vii) the Revenue Commissioners, or

• (viii) the Director of Public Prosecutions,

or

• (c) cause an interim report or investigation report to be published in such manner as it considers appropriate.

• (4) The Regulator may, where it considers it appropriate, direct that such part of an interim report or investigation report as is specified in the direction—

• (a) be omitted from a copy furnished under subsection (3)(a) or (b)(i), (ii) or (iii), and

• (b) not be published under subsection (3)(c).

48. Production of documents and evidence on investigation

48. (1) An officer or agent of an AHB shall, when required to do so by an inspector—

• (a) give to the inspector all information and records relating to the AHB that are in his or her possession, under his or her control or within his or her procurement,

• (b) attend before an inspector to give the information concerned, and

• (c) give to an inspector all such other assistance in connection with the investigation as he or she is reasonably capable of giving.

• (2) An inspector may require a person (other than an officer or agent of an AHB) whom he or she considers has any information or records relating to the affairs of the AHB in the person’s possession, under the person’s control or within the person’s procurement—

• (a) to give that information or those records, as the case may be, to the inspector, and

• (b) where the inspector thinks fit, to attend before the inspector to give the information concerned,

and the person shall comply with the requirement.

• (3) A requirement under subsection (1) or (2) shall specify—

• (a) a reasonable period within which, or a date and time on which, the person the subject of the requirement is to comply with it, and

• (b) as the inspector concerned thinks fit—

• (i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records concerned, or

• (ii) the place to which the person shall send the information or the records concerned.

• (4) If an inspector has reasonable grounds for believing that a director, member or trustee, as the case may be, of an AHB whose affairs the inspector is investigating maintains or has maintained a bank account (howsoever described), whether alone or jointly with another person and whether in the State or elsewhere, into or out of which there has been paid money that is connected with any act or omission by that director, member or trustee constituting misconduct (whether fraudulent or not) in respect of that AHB, the inspector may require that director, member or trustee to produce to the inspector all documents in the possession of that director, member or trustee, under his or her control or within his or her procurement, relating to that bank account.

• (5) An inspector may examine on oath a director, member or other officer or a member of staff or agent of the AHB, or a person to whom subsection (2) applies, in relation to the affairs of the AHB, and may issue an oath accordingly.

49. Power of inspectors

49. (1) For the purposes of an investigation, an inspector shall have power to do one or more than one of the following:

• (a) subject to subsections (3) and (4), at all reasonable times to enter (if necessary by the use of reasonable force), inspect, examine and search any premises at, on or in which the inspector has reasonable grounds to believe that records (including records stored in non-legible form) of, or relating to the affairs of, the AHB are kept;

• (b) secure for later inspection any premises or part of any premises referred to in paragraph (a) or records referred to in paragraph (a) kept at that premises and require that the place, or part thereof, or records be left undisturbed for so long as is reasonably necessary for the purposes of any investigation;

• (c) inspect, examine and make copies of or take extracts from any such records referred to in paragraph (a) (including in the case of records in a non-legible form a copy of or extract from such records in a permanent legible form) or require that such a copy of or extracts therefrom be provided;

• (d) without prejudice to any other power conferred by this section, require any person at the premises referred to in paragraph (a) or the owner or person in charge of the premises and any person employed there to give to the inspector such assistance and information and to produce to the inspector any records referred to in paragraph (a) that are in that person’s power, possession or procurement, as the inspector may reasonably require for the purposes of an investigation or to give to the inspector such information as the inspector may reasonably require in relation to any entries in such records;

• (e) require a person referred to in paragraph (d) by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of, the computer, to afford the inspector access thereto and such reasonable assistance as the inspector may require;

• (f) require the AHB or any employee or agent of it to give such authority, in writing, addressed to any bank that the inspector requires for the purpose of enabling the inspection of any account or accounts opened, or caused to be opened, by the AHB at such bank (or any documents relating thereto) and to obtain from such bank copies of such documents relating to such account or accounts for such period or periods as the inspector considers necessary to fulfil that purpose;

• (g) remove and retain any records referred to in paragraph (a) for such period as the inspector reasonably considers necessary for the purposes of the performance of the inspector’s functions or the functions of the Regulator under this Act, or require any person referred to in paragraph (d) to retain and maintain such records for such period as the inspector reasonably considers necessary for those purposes;

• (h) require a person referred to in paragraph (d) to answer questions and to make a declaration of the truth of the answers to those questions;

• (i) require any person referred to in paragraph (d) to provide an explanation of a decision, course of action, system or practice or the nature or content of any records referred to in paragraph (a);

• (j) if a person who is required to provide a particular record referred to in paragraph (a) is unable to provide it, require the person to state, to the best of that person’s knowledge and belief, where the record is located or from whom it may be obtained;

• (k) require a person referred to in paragraph (d) to afford the inspector such facilities and assistance within the person’s power, control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on the inspector by this Part.

• (2) A requirement under subsection (1) shall specify a period before the end of which, or a date and time on which, the person the subject of the requirement is to comply with it.

• (3) An inspector shall not enter a dwelling other than—

• (a) with the consent of the occupier, or

• (b) pursuant to a warrant under subsection (4).

• (4) A judge of the District Court, if satisfied on the sworn information of an inspector that—

• (a) (i) there are reasonable grounds for suspecting that any information is, or records required by the inspector under this section are, held on any premises or any part of any premises, and

• (ii) an inspector, in the exercise of powers under subsection (1) has been prevented from entering the premises or any part thereof,

and

• (b) it is necessary that the inspector enter a dwelling and exercise therein any of the inspector’s powers under this section,

may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times not later than 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions.

50. Investigation report to be evidence

50. A document purporting to be a copy of an investigation report shall, unless the contrary is shown, be evidence in any proceedings (other than proceedings for an offence)—

• (a) of the matters specified therein without further proof, and

• (b) of the opinion of the inspector in relation to any matter contained in the report.

51. Offence

51. Subject to section 52, a person who—

• (a) withholds, destroys, conceals or refuses to provide any information or records required for the purposes of an investigation under this Part,

• (b) fails or refuses to comply with any requirement of an inspector under this Part, or

• (c) otherwise obstructs or hinders an inspector in the performance of functions conferred by this Act,

shall be guilty of an offence.

52. Saving for privileged information, etc.

52. (1) Nothing in this Part shall be taken to compel a person to produce to an inspector records, or to provide any information, that the person would be entitled to refuse to produce or provide on the grounds of legal professional privilege or authorise the taking of possession of any such records.

• (2) A person, the subject of a requirement under section 48(1) or (2), as the case may be, shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.

• (3) Any statement or admission made by a person pursuant to a requirement under this Part is not admissible against that person in criminal proceedings other than criminal proceedings for an offence under section 51, and this shall be explained to the person in ordinary language by the inspector concerned.

PART 6 Intervention

Chapter 1 Transfer of Certain Dwellings and Protection of AHBs

53. Protection of tenants: requirement to transfer certain dwellings

53. (1) This section applies to the following persons:

• (a) F7[…]

• (b) F7[…]

• (c) an AHB who, by notice given to the Regulator under section 57(1), requests cancellation of its registration as an AHB;

• (d) an AHB to whom notice of a proposal to cancel its registration has been given under section 58(3);

• (e) an AHB whose registration is cancelled under section 57 or 58, as the case may be.

• (2) Where the Regulator considers that it is necessary to do so for the purpose of the protection of tenants of F8[dwellings provided for the purpose of alleviating a housing need by a person to whom this section applies], the Regulator may, by notice to such person, require the person to transfer all or any of such dwellings, without prejudice to any right or interest of the tenants concerned in the dwellings, together with any common areas, structures, works and services and communal facilities and amenities that are in the ownership or under the control of that person, to an AHB identified by the Regulator or to such other person as the Regulator considers appropriate.

• (3) A notice under subsection (2) shall set out—

• (a) the reasons why the Regulator considers it necessary that the transfer required under subsection (2) be made,

• (b) details, including their location, of the dwellings and any common areas, structures, works and services and communal facilities and amenities that are required to be transferred under subsection (2),

• (c) the name of the AHB or person to whom it is proposed that the transfer required under subsection (2) be made, and

• (d) the period within which the AHB or any other person (other than the tenants of the dwellings concerned) who has any right or interest in the dwellings or any common areas, structures, works and services or communal facilities and amenities that are required to be transferred under subsection (2) may object, in writing, to such transfer.

• (4) Where a notice under subsection (2) is given to a person to whom this section applies, the person shall give a copy of the notice as soon as practicable to—

• (a) the housing authority in whose functional area the dwellings that are required to be transferred under subsection (2) are situated, and

• (b) any other person (other than the tenants of the dwellings concerned) who has any right or interest in the dwellings or any common areas, structures, works and services or communal facilities and amenities that are required to be transferred under subsection (2), including any mortgagee or any other person who is the owner of any security or charge affecting those dwellings or any such common areas, structures, works and services or communal facilities and amenities.

• (5) Where a person to whom this section applies to whom a notice is given under subsection (2), or any other person to whom a copy of the notice is given under subsection (4), objects to the proposed transfer within the period specified in the notice, the Regulator may apply to the High Court for an order under section 54.

54. Protection of AHBs

54. (1) Where the High Court is satisfied, upon the application of the Regulator, that—

• (a) an offence under this Act has been or is being committed by an AHB,

• (b) an AHB has failed or is failing to comply with any provision of this Act,

• (c) any property (both real and personal) of an AHB has been or is being misapplied or has been or is being dealt with or managed in a manner that endangers the property or such that the property otherwise requires protection,

• (d) there has been any other misconduct or mismanagement on the part of any director or other officer or member of staff of an AHB in relation to the affairs of the AHB,

• (e) an unlawful or otherwise improper use of funds or resources of an AHB has occurred or is occurring,

• (f) there is a serious risk to the financial viability of an AHB,

• F9[(g) it is necessary for the purpose of the protection of the tenants of dwellings provided or, as the case may be, managed by an AHB for the purpose of alleviating a housing need,]

or

• (h) information tending to show any matter falling within any of the preceding paragraphs has been or is being concealed or destroyed,

the High Court may make such order as it considers appropriate in the circumstances.

• (2) On the hearing of an application under this section, the High Court may—

• (a) dismiss the application,

• (b) adjourn the hearing conditionally or unconditionally, or

• (c) make—

• (i) an interim order,

• (ii) an interlocutory order, or

• (iii) a permanent order,

under this section.

• (3) An application by the Regulator for an interim order under this section may be made ex parte.

• (4) In this section “order” includes—

• (a) an order suspending or removing any director or other officer or member of staff of the AHB,

• (b) an order appointing such person or persons as the High Court considers appropriate to act as a director or other officer of the AHB in addition to, or instead of, any existing director or other officer,

• (c) an order vesting any or all of the property of an AHB in another AHB identified by the Regulator, or such other person as the High Court considers appropriate, subject and without prejudice to any right or interest of any third party (including any tenant of a dwelling to which the order applies and any mortgagee or other person who is the owner of any security or charge affecting any such dwelling or any common areas, structures, works and services or communal facilities and amenities to which the order applies) in the property so vested that exists on the date of the order,

• (d) an order prohibiting the removal, sale or application of any property of the AHB without the Regulator’s consent,

• (e) an order directing any person who is a debtor of the AHB not to pay such person’s debt to the AHB during such period as may be specified in the order, or to pay it to such person as may be so specified in satisfaction of the debt to the AHB, and

• (f) an order restricting or prohibiting the entering into, by the AHB, of such agreements, or agreements of such a class, as may be specified in the order.

Chapter 2 Notice to Regulator of Certain Events and Examinership

55. Notice to Regulator of certain events

55. (1) An AHB shall give notice, in writing, to the Regulator—

• (a) as soon as practicable, if it no longer satisfies the eligibility criteria or any of them,

• (b) in a case where the AHB is a company—

• (i) not later than 7 days from the date of publication of a notice under section 730(1) of the Act of 2014 of the intention of the Registrar of Companies to strike off the company, or

• (ii) not later than 7 days from the date an application is made under section 731 of the Act of 2014 to the Registrar of Companies to be struck off the register,

• (c) in a case where the AHB is a registered society—

• (i) not later than 7 days from—

• (I) the date it requests the cancelling of its registry, or

• (II) the date of receipt by it of a notice proposing cancelling of its registry,

as the case may be, under section 9 of the Industrial and Provident Societies Act 1893, or

• (ii) as soon as practicable of any proposal to dissolve the society under paragraph (a) or (b), as the case may be, of section 58 of the Industrial and Provident Societies Act 1893,

• (d) in a case where the AHB is a friendly society within the meaning of the Friendly Societies Acts 1896 to 2018 —

• (i) not later than 7 days from—

• (I) the date it requests cancelling of its registry, or

• (II) the date of receipt by it of a notice proposing cancelling of its registry,

as the case may be, under section 77 of the Friendly Societies Act 1896, or

• (ii) as soon as practicable of any proposal to terminate or dissolve the society under paragraph (a), (b), (c) or (d), as the case may be, of section 78 of the Friendly Societies Act 1896,

• (e) in a case where the AHB is a charitable trust, as soon as practicable of any proposal to revoke the charitable trust in accordance with its constitution,

• (f) in a case where the AHB is a registered charitable organisation, not later than 7 days from the date an entry is made in the register of charitable organisations established under section 39 of the Charities Act 2009—

• (i) under section 43(11) of that Act, that it has ceased to be registered, or

• (ii) under section 44(12)(b) of that Act, that it has ceased to be deemed to be a registered charitable organisation,

• (g) not later than 7 days from the date on which any improvement notice (within the meaning of section 18A of the Act of 1992) is given to an AHB,

• (h) not later than 7 days from the date on which any prohibition notice (within the meaning of section 18B of the Act of 1992) is given to an AHB,

• (i) of any other matter that may—

• (i) materially affect or might reasonably be expected to materially affect its status as an AHB,

• (ii) bring or might reasonably be expected to bring the AHB into disrepute, or

• (iii) threaten or might reasonably be expected to threaten the stability, efficiency, operations and general viability of the AHB,

before the occurrence of the event or, where that is not practicable because of the nature of the event concerned or the circumstances in which it has arisen, as soon as practicable after the occurrence of the event.

• (2) An AHB which is a company shall give notice, in writing, to the Regulator—

• (a) before or, where that is not practicable because of the nature of the event concerned or the circumstances in which it has arisen, as soon as practicable after, the appointment of a receiver to the AHB,

• (b) before the presentation by the company or by a director of the company, as the case may be, of a petition to the court under Chapter 2 of Part 11 of the Act of 2014 for the winding up of the company,

• (c) before or, where that is not practicable because of the nature of the event concerned or the circumstances in which it has arisen, as soon as practicable after, the passing of a resolution for a members’ voluntary winding up of the company under Chapter 3 of Part 11 of the Act of 2014,

• (d) at least 10 days before the date of a creditors’ meeting that has been summoned in the case of a creditors’ voluntary winding up of the company under Chapter 4 of Part 11 of the Act of 2014,

• (e) forthwith on the appointment of a provisional liquidator or liquidator to the company under any provision of the Act of 2014.

• (3) An AHB which fails to give notice to the Regulator under any of paragraphs (b) to (f) of subsection (1) or under subsection (2) shall be guilty of an offence.

56. Examinership: modification of Part 10 of Act of 2014 for purposes of application to AHBs

56. (1) For the purposes of the application of Part 10 of the Act of 2014 to a company that is an AHB, that Part shall apply to such a company subject to the modifications specified in subsection (2) and any other modifications necessary for those purposes.

• (2) The modifications referred to in subsection (1) are that—

• (a) in section 508(1), the following definitions are inserted:

“ ‘approved housing body’, ‘dwelling’ and ‘Regulator’ have the meanings given to them, respectively, by section 2 of the Housing (Regulation of Approved Housing Bodies) Act 2019;”,

• (b) in section 510, the following subsection is inserted after subsection (5):

• “(6) Where the company referred to in section 509 is an approved housing body, the following provisions shall apply:

  • (a) a petition may be presented by—

    • (i) any of the persons referred to in paragraph (a), (b), (c) or (d) of subsection (1) (including by any one or more of such persons acting together),

    • (ii) the Regulator, or

    • (iii) one or more of such persons and the Regulator acting together;

  • (b) if the Regulator does not present a petition—

    • (i) the petitioner shall, before the petitioner presents the petition at the office of the court, cause to be received by the Regulator a notice, in writing, of the petitioner’s intention to present the petition, and shall serve a copy of the petition on the Regulator as soon as may be after the presentation of it at that office,

    • (ii) the Regulator shall be entitled to appear and be heard at any hearing relating to the petition.”,

• (c) in section 516, the following subsection is inserted after subsection (4):

• “(5) If—

  • (a) the company concerned, being an approved housing body, is a company referred to in section 509, and

  • (b) the Regulator does not propose to present, or has not presented, (whether alone or acting together with other persons) a petition in relation to the company,

  the independent expert shall, as soon as may be after it is prepared, supply a copy of the report prepared by him or her under section 511 to the Regulator and subsections (2) and (3) shall not apply to such a copy.”,

• (d) in section 533—

• (i) the following subsection is inserted after subsection (7):

• “(7A) If the company concerned is a company referred to in section 510(6), the examiner shall, as soon as may be after it is prepared, supply a copy of the report prepared by him or her under subsection (2) to the Regulator, and subsections (5) and (6) shall not apply to such a copy.”,

and

• (ii) in subsection (8), the following paragraph is inserted after paragraph (f):

• “(fa) if the company concerned is a company referred to in section 510(6) - the Regulator;”,

• (e) in section 534(6) —

• (i) in paragraph (a), “and” is deleted, and

• (ii) the following paragraph is inserted after paragraph (a):

• “(aa) if the company concerned is a company referred to in section 510(6) - the Regulator, and”,

• (f) in section 539(1), the following paragraph is inserted after paragraph (g):

• “(ga) in the case of a company referred to in section 510(6), include proposals for the protection of F10[dwellings provided or, as the case may be, managed for the purpose of alleviating a housing need,]”,

• (g) in section 540, the following subsection is inserted after subsection (12):

• “(13) Without prejudice to subsections (1) to (11), in the case of a company referred to in section 510(6), the examiner shall also afford the Regulator an opportunity to consider the proposals for a compromise or scheme of arrangement and, for this purpose, shall furnish to the Regulator a statement containing the like information to that referred to in subsection (11).”,

• (h) in section 541(2), the following paragraph is inserted after paragraph (d):

• “(da) if the company concerned is a company referred to in section 510(6) - the Regulator;”,

and

• (i) in section 553(3), the following paragraph is inserted after paragraph (b):

• “(ba) if the company to which the order relates is a company referred to in section 510(6) - the Regulator;”.

Chapter 3 Cancellation of Registration of AHB

57. Cancellation of registration where AHB requests

57. (1) An AHB may by notice, in writing, to the Regulator request cancellation of its registration as an AHB.

• (2) A notice under subsection (1) shall be in such form and manner, and contain such information, as the Regulator may specify.

• (3) For the purposes of the consideration by the Regulator of the request under subsection (1), an AHB shall give to the Regulator—

• F11[(a) information on its proposals relating to dwellings provided or managed by it,]

• F12[(aa) without prejudice to paragraph (a), information on its proposals, having regard to the terms and conditions of any assistance given to the AHB under section 6 of the Act of 1992, or under Part 3 of the Affordable Housing Act 2021, relating to dwellings provided or managed by it for the purpose of alleviating a housing need, and]

• (b) such other information, specified by the Regulator under subsection (2), as the Regulator may reasonably require for the purposes of this section.

• (4) An AHB shall give a copy of a notice under subsection (1) to each housing authority in whose functional area any dwellings referred to in F11[subsection (3)(aa)] are situated and shall, where requested by the Regulator, confirm, in writing, to the Regulator that such a copy has been so given.

• F11[(5) A housing authority to whom a copy of a notice under subsection (1) is given under subsection (4) may make representations, in writing, to the Regulator concerning the information referred to in subsection (3)(aa) contained in the notice.]

• (6) The Regulator shall grant a request in a notice under subsection (1) for cancellation of the registration of an AHB unless—

• (a) the Regulator, having considered the information in the notice and the representations, if any, made by a housing authority in accordance with subsection (5),considers that any proposals referred to in subsection F11[(3)(aa)] are not in compliance with the terms and conditions referred to in subsection F11[(3)(aa)],

• (b) the Regulator considers that removal is sought with a view to enabling the AHB to distribute its assets to members,

• (c) a standards assessment under section 38 has been commenced and has not yet been completed,

• (d) an investigation under Part 5 into the affairs of the AHB concerned has been commenced and has not yet been completed,

• (e) there are legal proceedings under this Act pending in relation to the AHB concerned and not yet finally determined or withdrawn, as the case may be, or

• (f) for any other reason the Regulator reasonably considers that granting the request would prejudice the performance of the Regulator’s functions.

• (7) The Regulator shall give notice to the AHB of its decision whether to grant or refuse to grant the request by notice under subsection (1) for cancellation of its registration and, in the case where the granting of the request is refused, of the reasons for that decision.

• (8) An AHB may appeal to the Appeals Panel under Part 7, not later than 21 days from the date of the notice under subsection (7), against a decision of the Regulator to refuse to grant the request by the AHB, by notice under subsection (1), for cancellation of its registration.

• (9) A notice under subsection (7) shall inform the AHB of the right of appeal conferred by subsection (8) and of the period referred to in subsection (7) within which an appeal may be brought under Part 7.

• (10) A decision referred to in subsection (7) to grant a request by an AHB, by notice under subsection (1), for cancellation of its registration shall take effect on the expiration of 14 days, or such longer period as may be determined by the Regulator, from the date of the notice under subsection (7).

• (11) A decision referred to in subsection (7) to refuse to grant a request, by an AHB, by notice under subsection (1), for cancellation of its registration shall take effect—

• (a) where no appeal against the decision is brought under Part 7, on the expiration of the period specified in subsection (8) for bringing an appeal under that Part, or

• (b) in the case where an appeal is brought under Part 7, on the date on which the decision is confirmed on appeal or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.

58. Cancellation of registration on specified grounds

58. (1) At any time, the Regulator may cancel the registration of an AHB on any one or more of the grounds specified in subsection (2).

• (2) The following are the grounds referred to in subsection (1):

• (a) that the AHB has been convicted of—

• (i) an offence under this Act,

• (ii) any indictable offence (other than an offence under this Act) in relation to a company or any other body corporate, or

• (iii) an offence involving fraud or dishonesty, whether in connection with a company or not;

• (b) that the AHB has failed or is failing to comply with any provision of, or a requirement or direction under, this Act;

• F13[(c) in the case of an AHB other than an AHB referred to in section 26A, that the AHB no longer satisfies the eligibility criteria or any of them;]

• (d) that there are grounds on which the Regulator would be entitled or required to refuse an application under section 27 for the registration of the AHB F13[.]

• (e) F14[…]

• F13[(3) If the Regulator proposes to cancel the registration of an AHB under subsection (1), the Regulator shall give notice of the proposal and of the reasons for it to the AHB and, in so far as it is practicable, to each housing authority in whose functional area any dwellings provided or managed by the AHB for the purpose of alleviating a housing need are situated.]

• (4) A notice of a proposal under subsection (3) shall include a statement that within the period specified in the notice, being a period of not less than 21 days from the date of the notice—

• (a) the AHB shall give to the Regulator—

• F13[(i) information on its proposals relating to dwellings provided or managed by it for the purpose of alleviating a housing need, and]

• (ii) such other information, specified in the notice, as the Regulator may reasonably require for the purposes of this section,

and

• (b) the AHB and housing authority may make representations, in writing, to the Regulator concerning the matter which is the subject matter of the proposal.

• (5) The Regulator may extend the period referred to in a notice of a proposal under subsection (3), on application to it in that behalf, in writing, by the AHB or a housing authority referred to in that subsection, where the Regulator is satisfied that there is good and sufficient reason for the extension.

• (6) Where notice of a proposal has been given under subsection (3), the Regulator shall not decide the matter until—

• (a) the AHB and each housing authority concerned has, within the period specified in the notice—

• (i) made representations, in writing, to the Regulator concerning the proposal, or

• (ii) notified the Regulator, in writing, that it does not intend to make representations,

or

• (b) the AHB and each housing authority concerned has not—

• (i) made any representations, or

• (ii) notified the Regulator that it does not intend to make representations,

and the period referred to in subsection (4) has elapsed.

• (7) Before deciding whether or not to cancel the registration of an AHB under subsection (1) the Regulator shall —

• (a) consider any information given and representations made during the period referred to in subsection (4), and

• (b) in so far as it is practicable to do so, consult with each housing authority to which notice of a proposal has been given under subsection (3) .

• (8) The Regulator shall give notice to the AHB of a decision to cancel the registration of the AHB under subsection (1) and of the reasons for the decision.

• (9) An AHB may appeal to the Appeals Panel under Part 7, not later than 21 days from the date of the notice under subsection (8), against the decision of the Regulator to cancel the registration of the AHB under subsection (1).

• (10) A notice under subsection (8) shall inform the AHB of the right to appeal conferred by subsection (9) and of the period referred to in subsection (9) within which an appeal may be brought under Part 7.

• (11) A decision to cancel the registration of an AHB under subsection (1) shall take effect—

• (a) where no appeal against the decision is brought under Part 7, on the expiration of the period specified in subsection (9) for bringing an appeal under that Part, or

• (b) in the case where an appeal is brought under Part 7, on the date on which the decision is confirmed on appeal or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.

• (12) This section does not apply where—

• (a) an investigation under Part 5 into the affairs of the AHB concerned has been commenced and has not yet been completed, or

• (b) there are legal proceedings under this Act pending in relation to the AHB concerned and not yet finally determined or withdrawn, as the case may be.

59. Cancellation of registration where AHB ceases to exist

59. If an AHB ceases to exist, whether by dissolution or otherwise, the Regulator shall cancel the registration of the AHB.

60. Removal from register following cancellation of registration

60. (1) Where, under section 57, 58 or 59, the registration of an AHB is cancelled, the Regulator shall, as soon as practicable—

• (a) subject to paragraph (b), remove from the register all of the information entered in relation to the AHB,

• (b) enter in the register a statement—

• (i) that the registration of the AHB has been cancelled, and

• (ii) of the reasons for that cancellation,

and

• (c) give notice to—

• (i) the Residential Tenancies Board,

• (ii) in so far as it is practicable to do so, each housing authority in whose functional area any F15[dwellings provided or, as the case may be, managed by the AHB concerned for the purpose of alleviating a housing need] are situated, and

• (iii) in the case of a registered charitable organisation, the Charities Regulatory Authority,

that the registration of the AHB has been cancelled.

• (2) A person in respect of whom the registration of that person as an AHB has been cancelled under section 57 or 58 may apply to the Regulator for registration under section 27.

PART 7 Appeals

61. Appeals Panel

61. (1) The Minister shall, as soon as practicable after the establishment day, establish an Appeals Panel to determine the appeals provided for in this Act and appoint at least 10 people who, in the opinion of the Minister, have experience or expertise in matters relating to the hearing of appeals or the functions of the Regulator (other than members of the Regulator or staff of the Regulator) to be members of that Panel.

• (2) A person shall not be appointed to the Appeals Panel if he or she is a person to whom any of paragraphs (a) to (g) of subsection (10) is applicable.

• (3) A member of the Appeals Panel shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Minister determines.

• (4) The Minister shall appoint a chairperson of the Appeals Panel from among the members of the Appeals Panel.

• (5) A member of the Appeals Panel whose term of membership of the Appeals Panel expires shall be eligible for reappointment as a member of the Appeals Panel.

• (6) A member of the Appeals Panel is entitled to be paid such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

• (7) A member of the Appeals Panel may at any time resign from office by giving notice to the Minister of his or her resignation.

• (8) A resignation under subsection (7) takes effect on the day on which the Minister receives the notice.

• (9) The Minister may at any time remove from office a member of the Appeals Panel if, in the opinion of the Minister—

• (a) the member has become incapable through ill-health of effectively performing his or her functions,

• (b) the member has committed stated misbehaviour, or

• (c) the removal of the member appears to the Minister to be necessary for the effective performance by the Appeals Panel of its functions.

• (10) A member of the Appeals Panel shall cease to be qualified for office and shall cease to hold office if he or she—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with creditors,

• (c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (d) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

• (e) is convicted of an offence involving fraud or dishonesty,

• (f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act.

• (11) If a member of the Appeals Panel dies, resigns, ceases to be qualified for office or is removed from office, the Minister may appoint a person to be a member of the Appeals Panel to fill the casual vacancy so occasioned.

• (12) A person appointed to be a member of the Appeals Panel pursuant to subsection (11) —

• (a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

• (b) is eligible for reappointment as a member of the Appeals Panel on the expiry of that period.

• (13) The Appeals Panel shall be independent in the performance of its functions.

• (14) Paragraph 9 of the Schedule shall apply in respect of a member of the Appeals Panel, subject to the modification that references in that paragraph to the Regulator shall be construed as references to the Appeals Panel.

• (15) The Minister shall provide such support of an administrative nature to the Appeals Panel as the Minister in his or her opinion determines is necessary to enable the Appeals Panel to perform its functions.

62. Appeals Board

62. (1) An appeal referred to in section 31(1)(b), 39(8), 40(5), 42(7), 57(8), or 58(9), as the case may be, shall—

• (a) be lodged with the Appeals Panel within the period specified in section 31(1)(b), 39(8), 40(5), 42(7), 57(8) or 58(9), as the case may be, and

• (b) state the grounds for the appeal.

• (2) An appeal shall be accompanied by such fee (if any) as may be determined by the Regulator with the approval of the Minister.

• (3) Upon receipt by the Appeals Panel of an appeal, an Appeals Board of 3 persons shall be appointed by the chairperson of the Appeals Panel from among the members of the Appeals Panel to determine the appeal.

• (4) The chairperson of an Appeals Board shall be appointed by the chairperson of the Appeals Panel from among the members of the Appeals Board.

• (5) The Minister shall provide such support of an administrative nature to an Appeals Board as the Minister in his or her opinion determines is necessary to enable the Appeals Board to perform its functions.

• (6) In relation to an appeal falling, to be determined by an Appeals Board, the Appeals Board—

• (a) shall establish the procedures to be followed regarding the making of submissions to the Appeals Board and their form, and

• (b) may establish the procedures to be followed regarding—

• (i) the holding of a hearing and the period within which it shall be heard,

• (ii) the examination by the Appeals Board of the parties to the appeal or other persons,

• (iii) requests by the Appeals Board for information or further information, for the purposes of the appeal, from the parties to the appeal or other persons,

• (iv) provision by the Appeals Board to the parties to the appeal of information received by the Appeals Board for the purposes of the appeal,

• (v) the period within which the Appeals Board shall, from the date of completion by it of a hearing or hearings in relation to an appeal make its determination in relation to the matter,

• (vi) any other matter as the Appeals Board considers appropriate for the proper performance of its functions.

• (7) An Appeals Board shall be independent in the performance of its functions.

63. Appeal

63. (1) For the purposes of the appeal for which an Appeals Board is appointed, the Appeals Board—

• (a) shall request submissions from the parties to the appeal and the parties shall furnish the submissions to the Appeals Board within the period specified in the request,

• (b) following consideration of the submissions, may hold a hearing, and

• (c) may request such information from the parties to the appeal, or any other person as the Appeals Board considers necessary for the proper performance of its functions, and the parties to the appeal or other person, as the case may be, shall furnish the information to the Appeals Board within the period specified in the request.

• (2) An Appeals Board may refuse to hear an appeal, where, in the opinion of the Appeals Board, the appeal is not made in good faith or is frivolous or vexatious.

• (3) If a hearing is held—

• (a) each of the parties to the appeal is entitled to be heard at the hearing, and

• (b) the Appeals Board may adjourn the hearing of a matter at any stage in the proceedings until a date specified by the Appeals Board.

• (4) A witness before an Appeals Board shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

• (5) A decision by a majority of the members of an Appeals Board shall suffice for any purpose.

• (6) In considering an appeal under this Part an Appeals Board shall consider—

• (a) submissions from the parties to the appeal,

• (b) the evidence presented at any hearing of the matter, and

• (c) all information furnished to the Appeals Board.

• (7) On completion of its consideration of the appeal, the Appeals Board shall make a decision determining the appeal as soon as practicable in all the circumstances of the case, which may be a determination to—

• (a) affirm the decision of the Regulator, or

• (b) quash the decision of the Regulator and direct the Regulator, for stated reasons, to reconsider its decision within a specified period.

• (8) The appeals board shall notify the parties to the appeal of its determination under subsection (7) as soon as practicable after it is made.

• (9) In the case of a determination under subsection (7)(b), the Regulator shall reconsider its decision within the specified period or the specified period as extended for a further period by the Appeals Board following—

• (a) a request from the Regulator,

• (b) consultation with the parties to the appeal, and

• (c) the Appeals Board being satisfied that there is good and sufficient reason for so extending.

64. Appeal on question of law

64. (1) Within 3 months from the date on which an appeal is determined by an Appeals Board any party to the appeal may appeal to the High Court on a question of law arising from the determination.

• (2) An appeal shall, by leave of the High Court, lie from a determination of that Court on a question of law under subsection (1) to the Court of Appeal.

PART 8 Miscellaneous

65. Prohibition on unauthorised disclosure of confidential information

65. (1) A relevant person shall not disclose confidential information obtained by him or her while performing functions under this Act unless he or she is required by law, or duly authorised by the Regulator, to so do.

• (2) A relevant person does not contravene subsection (1) if the disclosure is—

• (a) made to the Regulator,

• (b) made to a Minister by or on behalf of the Regulator or in compliance with this Act, or

• (c) otherwise permitted by law.

• (3) A person who contravenes subsection (1) shall be guilty of an offence.

• (4) In this section—

“confidential information” includes information that is expressed by the Regulator to be confidential either as regards particular information or as regards information of a particular class or description;

“relevant person” means—

• (a) a member of the Regulator,

• (b) a member of the staff of the Regulator,

• (c) an adviser or consultant to the Regulator or a member of the staff of such adviser or consultant,

• (d) a member of a committee established under paragraph 7 of the Schedule,

• (e) an inspector appointed under section 45(1), or

• (f) any other person engaged under a contract for services by the Regulator or a member of staff of such person.

66. Report of Minister

66. (1) The Minister shall, not later than 12 months after the coming into operation of this section, following consultation with the Regulator, AHBs and housing authorities, arrange for the preparation of a report relating to the transfer of dwellings provided by AHBs for the purpose specified in section 25(2)(b)(i) and any matters arising on such transfer, including legal and financial matters and matters relating to consultation, for the purposes of such transfer, with the Regulator, the Residential Tenancies Board and the AHBs, housing authorities and any third party concerned (including tenants of the dwellings to be transferred and any mortgagee or other person who is the owner of any security or charge affecting those dwellings).

• (2) A copy of the report prepared under subsection (1) shall be laid by the Minister before each House of the Oireachtas.

• (3) The Minister shall arrange for a report laid before both Houses of the Oireachtas in accordance with subsection (2) to be published on the internet as soon as practicable after a copy of the report is so laid.

PART 9 Consequential Amendments and Transitional Provisions

67. Amendments of Act of 1992

67.The Act of 1992 is amended—

• (a) in section 1(1), by inserting the following definition:

“ ‘approved housing body’ has the meaning given to it by the Housing (Regulation of Approved Housing Bodies) Act 2019;”,

• (b) in section 4(1)(b)(i), by substituting “an approved housing body” for “an approved body”,

• (c) in section 6—

• (i) in subsection (1) —

• (I) in paragraph (b), by substituting “subject to subsection (8A), an approved housing body,” for “a body standing approved of for the purposes of this section,”, and

• (II) by substituting “or approved housing body” for “or body”,

• (ii) in subsection (2) —

• (I) in paragraphs (b), (c) and (e), by substituting “approved housing body” for “body” in each place where it occurs, and

• (II) in paragraph (ea) by substituting “an approved housing body” for “a body” in both places where it occurs,

• (iii) in subsection (4) —

• (I) by substituting “or an approved housing body” for “or a body”, and

• (II) by substituting “or approved housing body” for “or body” in each place where it occurs,

• (iv) by deleting subsections (6) and (7), and

• (v) by inserting the following subsection after subsection (8):

• “(8A) Where, by virtue of section 69 of the Housing (Regulation of Approved Housing Bodies) Act 2019, a person is receiving existing assistance (within the meaning of subsection (2)(b) of the said section 69), that person shall not receive from a housing authority any assistance under this section that is not existing assistance.”,

• (d) in section 7—

• (i) in subsection (1)(a), by substituting “an approved housing body,” for “a body approved of for the purposes of section 6,”, and

• (ii) in subsection (2) —

• (I) in paragraph (j), by substituting “approved housing body” for “body” in both places, and

• (II) in paragraph (k), by substituting “an approved housing body” for “a body”,

and

• (e) in section 32—

• (i) in paragraph (b), by substituting “an approved housing body,” for “a body standing approved of for the purposes of section 6,”, and

• (ii) by substituting “approved housing body” for “approved body”.

68. Construction of certain references in other Acts or instruments made under Acts

68. References in—

• (a) any Act of the Oireachtas, other than this Act, passed before the coming into operation of this section,

• (b) any instrument made under an Act of the Oireachtas, other than this Act, before the coming into operation of this section, or

• (c) any contract, agreement, arrangement or other document entered into by the Minister or a housing authority, as the case may be, before the coming into operation of this section,

to—

• (i) an approved housing body,

• (ii) a housing body approved under section 6 of the Act of 1992,

• (iii) an approved body or a body approved, under, or for the purposes of, section 6 of the Act of 1992, or

• (iv) to a body approved of or standing approved of, under, or for the purposes of, section 6 of the Act of 1992,

as the case may be (howsoever described), shall, on and after the coming into operation of this section, unless the contrary intention appears, be construed as references to an approved housing body (within the meaning of this Act), save where other provision is made as respects the construction of the references in paragraphs (i) to (iv), as the case may be, by any Act of the Oireachtas (other than this Act) passed before that coming into operation.

69. Transitional provisions: certain assistance under section 6 of Act of 1992 to be continued on cancellation of registration under section 58

69. (1) In this section “relevant day” means the day on which the decision to cancel the registration of an AHB takes effect under section 58.

• (2) This section applies to a person—

• (a) in respect of whom the registration of the person as an AHB has been cancelled under section 58 with effect from the relevant day, and

• (b) who, before the relevant day, was receiving assistance (other than assistance under section (6)(2)(d) of the Act of 1992) from a housing authority under section 6 of the Act of 1992 (in this section referred to as the “existing assistance”).

• (3) A person to whom this section applies may, notwithstanding section 6 of the Act of 1992 and subject to the condition specified in subsection (4) and to the terms and conditions of the existing assistance, continue to receive the existing assistance from the relevant day.

• (4) The condition referred to in subsection (3) is that the person to whom this section applies continues to comply with the terms and conditions of the existing assistance.

• (5) Where a person to whom this section applies continues to receive the existing assistance by virtue of this section, this Act, subject to all necessary modifications, shall apply to the person, for the duration of the term of the existing assistance and subject to the terms and conditions of the existing assistance, as if the person were an AHB.

• (6) Where a person to whom this section applies continues to receive the existing assistance by virtue of this section, such person shall not receive from a housing authority any assistance under section 6 of the Act of 1992 that is not existing assistance.

70. Transitional provisions: payment of grant under section 6(2)(d) of Act of 1992

70. (1) In this section “relevant day” means the day on which the decision to cancel the registration of an AHB takes effect under section 57 or 58, as the case may be.

• (2) This section applies to a person—

• (a) in respect of whom the registration of the person as an AHB has been cancelled under section 57 or 58, as the case may be, with effect from the relevant day, and

• (b) who, before the relevant day, has been approved for the giving of a grant under section 6(2)(d) of the Act of 1992 and the grant has not yet been paid (in this section referred to as the “unpaid grant”).

• (3) The unpaid grant may, notwithstanding section 6 of the Act of 1992, be paid to a person to whom this section applies, subject to the condition specified in subsection (4) and to the terms and conditions of the payment of the grant.

• (4) The condition referred to in subsection (3) is that the person to whom this section applies complies with the terms and conditions on which the grant is payable.

SCHEDULE Approved Housing Bodies Regulatory Authority

Section 8

• (2) The Regulator may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.

• (3) The seal of the Regulator shall be authenticated by the signatures—

• (a) of 2 members of the Regulator, or

• (b) of both a member of the Regulator and a member of the staff of the Regulator,

authorised by the Regulator to act in that behalf.

• (4) Judicial notice shall be taken of the seal of the Regulator, and every document purporting—

• (a) to be an instrument made by the Regulator, and

• (b) to be sealed with the seal of the Regulator authenticated in accordance with subparagraph (3),

shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

• (2) The members of the Regulator shall be appointed by the Minister.

• (3) The chairperson of the Regulator shall be appointed by the Minister from among the members of the Regulator.

• (4) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Regulator there is an equitable balance between men and women.

• (5) The members of the Regulator shall be appointed by the Minister from among persons who, in the opinion of the Minister, have experience and expertise in relation to matters connected with the functions of the Regulator which would enable such persons to make a substantial contribution to the performance by the Regulator of its functions.

• (6) A member of the Regulator shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Minister shall determine.

• (7) Subject to subparagraph (8), a member of the Regulator whose term of office expires by the passage of time shall be eligible for reappointment to the Regulator.

• (8) A person who is reappointed to the Regulator in accordance with subparagraph (7) shall not hold office for periods the aggregate of which, including the period for which he or she was first appointed as a member, exceeds 10 years.

• (2) The Minister may at any time remove from office a member of the Regulator if, in the Minister’s opinion—

• (a) the member has become incapable through ill-health of effectively performing the functions of the office,

• (b) the member has contravened, or failed to discharge a duty imposed by, a provision of the Ethics in Public Office Act 1995 that by a regulation made under section 3 of that Act applies to that member,

• (c) in performing functions under this Act, the member has not complied with a code of conduct under section 10(3) of the Standards in Public Office Act 2001,

• (d) the member has committed stated misbehaviour, or

• (e) the removal of the member appears to the Minister to be necessary for the effective performance by the Regulator of its functions.

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with creditors,

• (c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (d) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

• (e) is convicted of an offence involving fraud or dishonesty,

• (f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act.

• (2) A member of the Regulator shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.