Reform history

# Housing (Regulation of Approved Housing Bodies) Act 2019

“approved housing body” means—

(a) a person registered in the register as an approved housing body under *section 28*, or

(b) a person who, by virtue of *section 34(1)*, is deemed to be registered in the register as an approved housing body;

“common areas, structures, works and services” means, in relation to dwellings provided for the purpose specified in *section 25(2)(b)(i)*, 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, in relation to dwellings provided for the purpose specified in *section 25(2)(b)(i)*, 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;

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

### Chapter 1 *Registration*

(3) In this section references to the provision of dwellings for the purpose of the alleviation of housing need mean the provision of dwellings, in the State, with assistance given by a housing authority under section 6 of the Act of 1992—

(a) for letting to persons assessed under section 20 of the Act of 2009 as being eligible for social housing support (within the meaning of that Act),

(b) for letting to persons who are not qualified for social housing support (within the meaning of the Act of 2009) but whose income would not be adequate to meet the rental payments for a dwelling to meet the person’s reasonable accommodation needs because the rental payments calculated over the course of a year would exceed 35 per cent of that person’s annual income net of income tax and pay related social insurance, or

(c) for sale under affordable dwelling purchase arrangements under Part 5 of the Act of 2009 to eligible households (within the meaning of Part 5 of the Act of 2009).

**34.** (1) Subject to the provisions of this section, a person who, immediately before the coming into operation of *section 67*, was a body standing approved under subsection (6) of section 6 of the Act of 1992, for the purposes of the said section 6, shall be deemed to be registered in the register as an AHB for the purposes of this Act.

(4) The Regulator may require a person who is deemed to be registered as an AHB by virtue of *subsection (1)* to provide the Regulator with the information that the person would be required to so provide if it were an applicant for registration under *section 27* and the person shall comply with the requirement.

(5) The Regulator shall, as soon as practicable after receiving information pursuant to a request under *subsection (2)* or a requirement under *subsection (4)*, as the case may be, in respect of a person who is deemed to be registered as an AHB by virtue of *subsection (1)*, enter in the register—

(a) the name of the person concerned and the person’s principal place of business in the State,

(b) the registration number issued to the person,

(c) the activity to which the registration relates,

(d) in the case of a company, the names of the directors of the company,

(e) in the case of a registered society, the names of the members of the committee of management or other directing body of the society,

(f) in the case of a friendly society within the meaning of the Friendly Societies Acts 1896 to 2018, the names of the members of the committee of management of the society,

(g) in the case of a charitable trust, the names of the trustees of the trust,

(h) in the case of a person not falling within *paragraph (d)*, *(e)*, *(f)* or *(g)*, as the case may be, such particulars as the Regulator considers appropriate, and

(i) any other particulars as the Regulator considers appropriate.

(6) Subject to *subsection (7)*, a person who is deemed to be registered as an AHB by virtue of *subsection (1)* shall make an application under *section 27* to the Regulator for registration as an AHB—

(a) before the end of the period of 12 months from the coming into operation of this section, in a case where the person is, on such coming into operation, for the purpose specified in *section 25(2)(b)(i)*, providing or managing, or both, 300 or more dwellings,

(b) before the end of the period of 2 years from the coming into operation of this section, in a case where the person is, on such coming into operation, for the purpose specified in *section 25(2)(b)(i)*, providing or managing, or both, 50 or more but less than 300 dwellings,

(c) before the end of the period of 3 years from the coming into operation of this section, in a case where the person is, on such coming into operation, for the purpose specified in *section 25(2)(b)(i)*, providing or managing, or both, less than 50 dwellings, and

(d) before the end of the period of 3 years from the coming in operation of this section, in a case where the person is, on such coming into operation neither providing nor managing any dwelling for the purpose specified in *section 25(2)(b)(i)*.

(7) The Regulator may, having regard to any representations, in writing, made to it before the end of the period specified in *subsection (6)(a)*, *(b)*, *(c)* or *(d)*, as the case may be, by a person who is deemed to be registered as an AHB by virtue of *subsection (1)*, extend the period so specified, as it considers appropriate, where it is of the opinion that compliance by the person would be unduly onerous having regard to the person’s circumstances.

(8) Where—

(a) a person who is deemed to be registered as an AHB by virtue of *subsection (1)* makes an application under *section 27* for registration before the end of the period specified to in *subsection (6)(a)*, *(b)*, *(c)* or *(d)*, as the case may be, or any extension of that period under *subsection (7)*, and

(b) the decision—

(i) under *section 28* to grant the registration, or

(ii) under *section 31* to refuse the registration,

is not made before the end of the period referred to in *paragraph (a)* then, the registration of the person in the register by virtue of *subsection (1)* remains in effect—

(I) until the decision is made under *section 28* to grant the registration, or

(II) where the decision is made under *section 31* to refuse the registration, until that decision takes effect in accordance with *paragraph (a)* or *(b)*, as the case may be, of *subsection (2)* of that section.

(9) (a) Where a person—

(i) is deemed to be registered as an AHB by virtue of *subsection (1)*, and

(ii) in respect of the person’s application for registration under *section 27*, notice of a decision to refuse to grant the application takes effect under *paragraph (a)* or *(b)*, as the case may be, of *section 31(2)*,

the person shall cease to be deemed to be registered and the registration of the person as an AHB shall be cancelled under *section 58*.

(b) Where *paragraph (a)* applies, the Regulator shall give a notice to the person concerned stating that—

(i) the person shall cease to be deemed to be registered with effect from the date of the giving of the notice, and

(ii) the registration of the person as an AHB shall be cancelled under *section 58*.

(10) (a) Where a person who is deemed to be registered as an AHB by virtue of *subsection (1)* fails to apply under *section 27* for registration before the end of the period specified in *subsection (6)(a)*, *(b)*, *(c)* or *(d)*, as the case may be, or any extension of that period under *subsection (7)*, the Regulator shall give a notice to the person stating that, unless an application for registration under *section 27* is received not later than 28 days from the date of the notice—

(i) the person shall cease to be deemed to be registered as an AHB, and

(ii) the registration of the person as an AHB shall be cancelled under *section 58*.

(b) If a person to whom a notice is given under *paragraph (a)* fails to apply under *section 27* for registration before the end of the period specified in the notice, the person shall cease to be deemed to be registered with effect from the end of the period so specified and the registration of the person as an AHB shall be cancelled under *section 58*.

### Chapter 2 *Information and records*

### Chapter 3 *Standards*

##### 44. **Definitions (*Part 5*)**

### Chapter 1 *Transfer of Certain Dwellings and Protection of AHBs*

(a) a person who is deemed to be registered as an AHB by virtue of *section 34(1)* and who fails to apply for registration under *section 27*—

(i) before the end of the period specified in *section 34(6)(a)*, *(b)*, *(c)* or *(d)*, as the case may be, or any extension of that period under *section 34(7)*, or

(ii) before the end of the period specified in a notice under *section 34(10)(a)*;

(b) a person who is deemed to be registered as an AHB by virtue of *section 34(1)* and, in respect of whose application for registration under *section 27*, notice of a decision to refuse to grant the application is given under *section 31*;

(2) Where the Regulator considers that it is necessary to do so for the purpose of the protection of tenants of dwellings provided for the purpose specified in *sectio 25(2)(b)(i)* 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.

(g) it is necessary for the purpose of the protection of the tenants of dwellings provided or managed, as the case may be, by an AHB for the purpose specified in *section 25(2)(b)(i)*, or

### Chapter 2 *Notice to Regulator of Certain Events and Examinership*

“(ga) in the case of a company referred to in section 510(6), include proposals for the protection of dwellings provided or managed in furtherance of the primary object or primary objects of the company as specified in *section 25(2)(b)(i)* of the *Housing (Regulation of Approved Housing Bodies) Act 2019*,”,

### Chapter 3 *Cancellation of Registration of AHB*

(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, relating to dwellings provided or managed by it in furtherance of its primary object or primary objects specified in *section 25(2)(b)(i)*, and

(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 *subsection (3)(a)* are situated and shall, where requested by the Regulator, confirm, in writing, to the Regulator that such a copy has been so given.

(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 notice*.*

(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 (3)(a)* are not in compliance with the terms and conditions referred to in *subsection (3)(a)*,

(c) 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;

(e) that the AHB is an AHB to which *section 34(9)* or *(10)*, as the case may be, applies.

(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 in furtherance of its primary object or primary objects specified in *section 25(2)(b)(i)* are situated.

(i) 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, relating to dwellings provided or managed by it in furtherance of its primary object or primary objects specified in *section 25(2)(b)(i)*, and

(ii) in so far as it is practicable to do so, each housing authority in whose functional area any dwellings provided or managed by the AHB concerned in furtherance of its primary object or primary objects specified in *section 25(2)(b)(i)* are situated, and

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

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

## **SCHEDULE** **Approved Housing Bodies Regulatory Authority**

Section 8

1. (1) The Regulator shall be a body corporate with perpetual succession and an official seal and may sue, or may be sued, in its corporate name.

(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. (1) The Regulator shall consist of not more than 11 and not less than 5 members, one of whom shall be the chairperson of the Regulator.

(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.

3. (1) A member of the Regulator may resign from office by giving notice to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice.

(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.

4. (1) A person shall be disqualified from and shall cease to hold office as a member of the Regulator or a committee of the Regulator 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.

(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.

5. (1) If a member of the Regulator 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 Regulator to fill the casual vacancy so occasioned in the same manner as the member of the Regulator who occasioned the casual vacancy was appointed.

(2) A person appointed to be a member of the Regulator pursuant to *subparagraph (1)* shall hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall, subject to *paragraph 2(8)*, be eligible for reappointment as a member of the Regulator on the expiry of the said period.

6. (1) The Regulator shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of the Regulator.

(3) At a meeting of the Regulator—

(a) the chairperson of the Regulator shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of the Regulator is not present or if that office is vacant, the other members of the Regulator who are present shall choose one of their number to be chairperson of the meeting.

(4) At a meeting of the Regulator—

(a) subject to *clause (c)*, each member of the Regulator present has one vote,

(b) every question shall be determined by consensus, but where in the opinion of the chairperson or other person presiding consensus is not possible, the question shall be determined by a majority of the votes of the members present and voting on the question, and

(c) in the case of an equal division of votes in circumstances to which *clause (b)* relates, the chairperson of the meeting has a second or casting vote.

(5) Subject to the provisions of this Act, the Regulator shall regulate its procedure by rules or otherwise (including procedures for electronic meetings).

(6) The Regulator may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an “electronic meeting”).

(7) Subject to *subparagraph (8)*, the Regulator may act notwithstanding one or more vacancies among its members.

(8) The quorum for a meeting of the Regulator, unless the Minister otherwise directs, shall be—

(a) 4, where the Regulator consists of less than 8 members, and

(b) 5, where the Regulator consists of 8 members or more.

7. (1) The Regulator may establish committees, consisting in whole or in part of persons who are members of the Regulator, to—

(a) assist and advise it in relation to the performance of any or all of its functions, and

(b) perform such functions of the Regulator as may stand delegated to them under *paragraph 8*.

(2) In appointing members of a committee established under this paragraph, the Regulator shall—

(a) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and

(b) 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.

(3) There may be paid by the Regulator to members of a committee established under this paragraph such allowances for expenses (if any) incurred by them as the Regulator may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine.

(4) A member of a committee established under this paragraph may be removed from office at any time by the Regulator.

(5) The acts of a committee shall be subject to confirmation by the Regulator, unless the Regulator otherwise determines.

(6) The Regulator may determine the terms of reference and regulate the procedure of a committee established under this paragraph.

(7) The Regulator may appoint a person to be chairperson of a committee established under this paragraph.

(8) A committee established under this paragraph shall provide the Regulator with such information as the Regulator may from time to time require, in respect of its activities and operations, for the purposes of the performance of the functions of the Regulator.

(9) The Regulator may at any time dissolve a committee established under this paragraph.

8. The Regulator may, with the consent of the Minister, delegate such one or more of its functions as it considers appropriate to a committee established under *paragraph 7*.

9. (1) Where a member of the Regulator, a member of a committee established under *paragraph 7* or the chief executive is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the Regulator, the committee concerned or chief executive, as the case may be.

(2) Where a member of the staff of the Regulator is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon stand seconded from employment by the Regulator and shall not be paid by, or be entitled to receive from, the Regulator any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been so elected (as the case may be), and ending when such person ceases to be a member of either such House, or a representative in such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified for being a member of the Regulator or a committee established under *paragraph 7*, the chief executive or a member of the staff of the Regulator.

(4) A period mentioned in *subparagraph (2)* shall not, for the purposes of any superannuation benefit, be reckoned as service with the Regulator.

10. (1) Where at a meeting of the Regulator or a committee established under *paragraph 7*, a member of the Regulator or the committee, as the case may be, present at the meeting who, otherwise than in his or her capacity as such member, has a material interest in any matter which falls to be considered by the Regulator or that committee, such member shall—

(a) at the meeting disclose to the Regulator or the committee the fact of such interest and the nature thereof,

(b) neither influence nor seek to influence a decision to be made in relation to the matter,

(c) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,

(d) take no part in consideration of the matter, and

(e) not vote on a decision relating to the matter.

(2) Where a material interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Regulator or the committee established under *paragraph 7*, as the case may be, by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3) Where at a meeting of the Regulator or a committee established under *paragraph 7* a question arises as to whether or not a course of conduct, if pursued by a member of the Regulator or the committee, as the case may be, would constitute a failure by such member to comply with the requirements of *subparagraph (1)*, the question may, subject to *subparagraph (4)*, be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where, at a meeting of the Regulator or a committee established under *paragraph 7*, the chairperson of the meeting is the member in respect of whom a question to which *subparagraph (3)* applies falls to be determined, then the other members of the Regulator or of the committee attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

(5) Where the Minister is satisfied that a member of the Regulator has contravened *subparagraph (1)*, the Minister may, if he or she thinks fit, remove that member from office and, where a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for membership of the Regulator.

(6) Where the Regulator is satisfied that a member of a committee established under *paragraph 7* has contravened *subparagraph (1)*, the Regulator may, if it thinks fit, remove that member from office and, where a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for membership of the Regulator or such a committee.

(7) In this paragraph and paragraph 11 “material interest” shall be construed in accordance with section 2(3) of the Ethics in Public Office Act 1995.

11. (1) Where a member of the staff of the Regulator has a material interest, otherwise than in his or her capacity as such a member, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Regulator is a party, that person shall—

(a) disclose to the Regulator the fact of such interest and the nature thereof,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Regulator or members of the staff of the Regulator in relation thereto, and

(c) neither influence nor seek to influence a decision to be made in the matter nor make any recommendation in relation to the contract, agreement or arrangement.

(2) *Subparagraph (1)* shall not apply to contracts or proposed contracts of employment of members of the staff of the Regulator with the Regulator.

(3) Where a person contravenes this paragraph, the Regulator may make such alterations to the person’s terms and conditions of employment as it considers appropriate or terminate the person’s contract of employment.