Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

• (a) an appeal is not made in accordance with this section, or any regulations or rules made under section 40, or

• (b) it is of the opinion that the appeal is not made in good faith or is frivolous or vexatious.

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

• (9) In considering an appeal under this Part an Appeal Board shall have regard to—

• (a) the expertise of the designated local authority, or the Housing Agency, as the case may be,

• (b) the grounds, documents, and submissions referred to in subsections (1), (3) and (5), and

• (c) any further information provided in response to a requirement under subsection (6), or submissions made in relation to such further information.

• (10) Following consideration of the appeal, the Appeal Board shall—

• (a) affirm the decision the subject of the appeal, or

• (b) where the Appeal Board considers that a serious and significant error of law or fact, or a series of minor errors of law or fact which, when taken together, amount to a serious or significant error, was made by the designated local authority or the Housing Agency, annul the decision and—

• (i) direct the designated local authority or the Housing Agency, as the case may be, to reconsider its decision in accordance with such directions as the Appeal Board may consider appropriate, or

• (ii) replace the decision with such other decision as it considers it appropriate to make in accordance with this Act.

• (11) The Appeal Board shall notify the parties to the appeal of its determination under subsection (10) as soon as practicable after it is made.

• (12) In the case of a determination under subsection (10)(b)(i), the designated local authority or Housing Agency shall comply with a direction of the Appeal Board under that subsection.

• (13) The Appeal Board may not award the costs or expenses of an appeal under this Part to any party.

40. Conduct of appeals

40. (1) The Minister may, for the purposes of the efficient conduct of appeals under this Part, prescribe:

• (a) the form and manner in which an appeal may be made under section 39;

• (b) the form and manner in which a person may respond to an appeal and reply to a response to an appeal, or make submissions in an appeal under section 39;

• (c) the fees payable on the making of an appeal.

• (2) The Appeals Panel may for the purposes of the efficient conduct of appeals under this Part, make rules providing for:

• (a) processes for the prioritisation of categories of appeals;

• (b) the form and manner in which requirements for further information may be made by the Appeal Board under section 39;

• (c) the provision of notice to parties to the appeal of the making of an appeal and submissions in relation to that appeal;

• (d) periods within which submissions must be made;

• (e) the form and manner in which an appeal may be withdrawn;

• (f) the joining of, or separation of, appeals.

• (3) Subject to this Part, and any regulations and rules made under it, an appeal shall be conducted in such manner as the Appeal Board hearing the appeal considers appropriate.

PART 6 Miscellaneous, transitional and saving provisions

Chapter 1 Miscellaneous provisions

41. Minister may prescribe other deleterious materials

41. (1) Subject to subsection (2), the Minister may prescribe such other materials, or combinations of materials, to be deleterious materials for the purposes of the definition of “defective concrete blocks” in section 2 as he or she considers appropriate.

• (2) Only materials, or combinations of materials, considered to be deleterious materials in I.S. 465:2018 or any amendment or replacement of it may be prescribed under subsection (1).

42. Appointment of authorised officers

42. (1) The Housing Agency may appoint a person, including a member of its staff, to be an authorised officer, on such terms and conditions as it considers appropriate, for the purposes of this Act.

• (2) A designated local authority may appoint a person, including a member of its staff, to be an authorised officer, on such terms and conditions as it considers appropriate, for the purposes of this Act.

• (3) A person appointed to be an authorised officer shall be furnished with a certificate of his or her appointment and shall, when exercising a power conferred on him or her under this Act, if requested by a person affected by the exercise of the power to do so, produce the certificate, and a form of personal identification, to that person for inspection.

• (4) An appointment under this section shall cease—

• (a) when the appointment is revoked,

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

• (c) where the authorised officer is a member of the staff of the Housing Agency, or the designated local authority, when the person ceases to be a member of the staff.

43. Powers of authorised officers

43. (1) An authorised officer may exercise the powers set out in subsection (2) —

• (a) where the authorised officer is appointed by the Housing Agency, for the purposes of the performance by the Housing Agency of its functions under this Act, or

• (b) where the authorised officer is appointed by a designated local authority, for the purposes of the performance by the designated local authority of its functions under this Act.

• (2) An authorised officer may—

• (a) subject to subsection (3), enter any dwelling at all reasonable times,

• (b) inspect a dwelling and make any examination of the dwelling he or she considers necessary,

• (c) bring into the dwelling, or onto the land upon which the dwelling is situated, any persons or equipment he or she considers necessary,

• (d) where the authorised officer is appointed by the Housing Agency, drill holes in, and take samples from, the blocks in the dwelling, and arrange for such tests of those samples as he or she considers necessary,

• (e) require any person at the dwelling to give the authorised officer such information and assistance as the authorised officer may reasonably require, and

• (f) take photographs, recordings, digital images, scans, and measurements of the dwelling.

• (3) An authorised officer shall not enter a dwelling other than with the consent of the occupier.

• (4) Where entry is necessary for the purposes of paragraph (a) or (b) of section 27(2) or section 32 and consent is refused under subsection (3), an authorised officer may enter the dwelling pursuant to a warrant under subsection (5).

• (5) Where a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by a designated local authority for the purpose of performing its functions under paragraph (a) or (b) of section 27(2) or section 32 is held at any place, the judge may issue a warrant authorising an authorised officer of the designated local authority, accompanied if the officer considers it necessary by such other person or a member of the Garda Síochána, at any time or times from the date of issue of the warrant, on production, if so required, of the warrant, to enter, if need be by reasonable force, the place and exercise all or any of the powers conferred on an authorised officer under subsection (2).

• (6) A warrant shall be valid for 28 days from its date of issue.

• (7) A person who refuses to provide consent to entry of an authorised officer to his or her dwelling for the purposes of this Act, shall be deemed to have withdrawn his or her application under section 13.

• (8) The Minister may prescribe—

• (a) the standards by reference to which inspections, examinations and tests may be carried out under subsection (2).

• (b) the classes of persons who shall be responsible for the carrying out of tests of samples taken under subsection (2), and

• (c) the form and content of certificates stating the results of any tests of samples undertaken under subsection (2).

• (9) A certificate made in accordance with regulations made under subsection (8)(c) shall be conclusive evidence of the facts stated in it unless the contrary is shown.

44. Consultants and advisers

44. (1) The Housing Agency and a designated local authority may each engage such competent persons, including consultants and advisers, with such expertise and experience, as it considers necessary for the performance of its functions under this Act.

• (2) The Housing Agency and the designated local authority shall each comply with any directions concerning the engagement of competent persons which may be given to it by the Minister with the consent of the Minister for Public Expenditure and Reform.

• (3) Any fees due to a competent person engaged under this section shall be paid by the Housing Agency or the designated local authority, as the case may be, out of monies at its disposal.

45. Indemnity

45. (1) Where the Minister is satisfied that a relevant person has discharged his or her duties under this Act in good faith, the Minister shall indemnify the relevant person against all actions or claims howsoever arising in respect of the discharge by the relevant person of his or her duties.

• (2) In this section, “relevant person” means—

• (a) an employee, servant, agent or authorised officer of the designated local authority,

• (b) an employee, servant, agent or authorised officer of the Housing Agency,

• (c) a member of the Appeals Panel,

• (d) any competent building professional as described in section 12 and carrying out their duties under this Act.

46. Data processing

46. (1) Each of the following bodies may, in so far as is necessary and proportionate, process personal data for the performance by it of its functions under this Act:

• (a) a designated local authority;

• (b) the Housing Agency;

• (c) the Appeals Panel; and

• (d) an Appeal Board.

• (2) The Minister may prescribe—

• (a) the personal data that may be processed under subsection (1).

• (b) the circumstances in which the personal data may be processed, including specifying the persons to whom the data may be disclosed, and

• (c) such conditions as the Minister considers appropriate to impose on such processing.

• (3) In this section—

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ¹;

“personal data” has the same meaning as it has in the General Data Protection Regulation;

“processing”, in relation to personal data, has the same meaning as it has in the General Data Protection Regulation.

47. Information sharing

47. (1) A designated local authority or the Housing Agency may share information with a public body where it is necessary and proportionate:

• (a) for the purpose of the performance of a function of the public body in so far as the function relates to the provision of a service to a relevant owner for the purposes of this Act, or

• (b) to establish the entitlement of a relevant owner to the provision of a service by the designated local authority or the public body for the purposes of this Act.

• (2) The information referred to in subsection (1) may include:

• (a) a relevant owner’s name and address;

• (b) the address and Eircode of a relevant dwelling;

• (c) a copy of building condition assessment reports submitted under section 13 or reports of an authorised officer under section 16;

• (d) the remediation option or amount of remediation option grant approved by the Housing Agency under section 16(4) in relation to a relevant dwelling;

• (e) such other information as may be prescribed by the Minister for the purposes of subsection (1).

• (3) The Minister may prescribe—

• (a) the purposes for which the information may be shared under subsection (1), including specifying the persons with whom the information may be shared, and

• (b) such conditions as the Minister considers appropriate to impose on the sharing of the information.

• F42[(3A) The SEAI may share information with a designated local authority where it is necessary and proportionate to establish the funding which has been provided or is to be provided by the SEAI to a person who has made an application under section 13, 17A or 23A, as the case may be.]

• F42[(3B) The information referred to in subsection (3A) may include:

• (a) a relevant owner’s name and address;

• (b) the address and Eircode of a relevant dwelling;

• (c) the meter point reference number assigned to an electricity account in the relevant dwelling;

• (d) an application for funding made by a relevant owner to the SEAI;

• (e) the amount of funding provided or to be provided by the SEAI to a relevant owner;

• (f) the purpose of funding provided or to be provided by the SEAI to a relevant owner.]

• F43[(4) In this section, “public body” has the same meaning as it has in section 10 of the Data Sharing and Governance Act 2019 and shall also include—

• (a) the SEAI,

• (b) Geological Survey of Ireland, and

• (c) the National Standards Authority of Ireland;

“SEAI” means the Sustainable Energy Ireland - The Sustainable Energy Authority of Ireland.]

48. Disclosure of confidential information

48. (1) Subject to subsection (2), a relevant person shall not disclose confidential information obtained by him or her while performing functions under this Act.

• (2) A relevant person does not contravene subsection (1) by disclosing confidential information if the disclosure—

• (a) is made to the Minister by or on behalf of the designated local authority or Housing Agency, in compliance with this Act,

• (b) is made to, or authorised by, the designated local authority or Housing Agency,

• (c) is made to a member of the Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence, or

• (d) is otherwise required by law.

• (3) Where a relevant body is satisfied that a relevant person has contravened subsection (1), it shall decide the appropriate action (including removal from office or termination of contract) to be taken by it in relation to the relevant person.

• (4) In this section—

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

“relevant body” means—

• (a) in relation to a member of staff or authorised officer of a designated local authority, or a competent person referred to in section 44 appointed by a designated local authority, the designated local authority,

• (b) in relation to a member of staff or authorised officer of the Housing Agency, or a competent person referred to in section 44 appointed by the Housing Agency, the Housing Agency, and

• (c) in relation to a member of the Appeals Panel, the Minister;

“relevant person” means—

• (a) a member of staff or authorised officer, of a designated local authority, or a competent person referred to in section 44 appointed by the designated local authority,

• (b) a member of staff or authorised officer, of the Housing Agency, or a competent person referred to in section 44 appointed by the Housing Agency, and

• (c) a member of the Appeals Panel.

49. Research and training

49. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make a grant or loan out of monies provided by the Oireachtas, on such terms and conditions as may be determined by the Minister, to a person or body which conducts research or provides training in relation to issues arising from the use of defective concrete blocks in construction.

• (2) The Minister may request a person or body referred to in subsection (1) to conduct the research or provide the training referred to in that subsection.

50. Guidelines

50. (1) For the purpose of giving practical guidance to designated local authorities or the Housing Agency in the performance of their functions under this Act, the Minister may make guidelines concerning—

• (a) the performance by a designated local authority of its functions under sections 10(11) and 25(9).

• (b) the payment of remediation option grants in parts under section 18,

• (c) the circumstances which constitute exceptional circumstances under section 19,

• (d) the application by the designated local authority of section 28, and

• (e) such other matters as he or she considers necessary for the effective operation of this Act.

• (2) A designated local authority, or the Housing Agency, in exercising its functions shall have regard to the guidelines of the Minister under subsection (1) and any amendments of them under subsection (3).

• (3) The Minister may amend guidelines made under subsection (1).

• (4) The Minister shall notify designated local authorities and the Housing Agency of the making of guidelines under subsection (1) or amendments of them under subsection (3) and shall publish the guidelines or amendments on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage as soon as may be after they are made.

51. Review of operation of Act

51. (1) The Minister shall—

• (a) not later than 3 years after the date of the coming into operation of this section, commence a review of the operation of this Act, and

• (b) not later than 12 months after the expiration of that 3 year period, make a report to each House of the Oireachtas of his or her findings and conclusions resulting from that review.

• (2) Without prejudice to subsection (1), the Minister shall commence a review of the operation of this Act within 3 months of the completion of any review of I.S. 465: 2018 by the National Standards Authority of Ireland and not later than 3 months after the completion of the review shall make a report to each House of the Oireachtas of his or her findings and conclusions resulting from that review.

52. Offences and penalties

52. (1) A person who furnishes information—

• (a) to a designated local authority in purported compliance with this Act,

• (b) the Housing Agency in purported compliance with this Act, or

• (c) an Appeal Board in purported compliance with Part 5,

that is false or misleading, knowing it to be false or misleading or being reckless as to whether it is false or misleading, shall be guilty of an offence.

• (2) A person who is guilty of an offence under subsection (1) is liable—

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

• (b) on conviction on indictment to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

• (3) A person who without reasonable excuse—

• (a) refuses to comply with a requirement of an authorised officer under section 43,or

• (b) obstructs or impedes an authorised officer in the exercise of any of the powers referred to section 43,

shall be guilty of an offence.

• (4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.

• (5) Where a person is convicted of an offence under this section the court, unless it is satisfied that there are special and substantial reasons for not doing so, shall order the person to pay to the prosecutor the costs and expense, measured by the court, incurred by the prosecutor or other person in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of the Housing Agency or designated local authority in the carrying out of the tests, examinations and analyses.

• (6) A person shall not be eligible to apply for a remediation option grant under section 13 where he or she is convicted of an offence under subsection (1).

53. Disqualification for providing false or misleading information

53. (1) Where a designated local authority determines that a person has furnished information to the designated local authority for the purposes of making an application under section 13 which he or she knows is false or misleading, or being reckless as to whether it is false or misleading—

• (a) the designated local authority shall, where it has not at the time of the determination made a decision under section 13(7) in respect of the application, refuse to consider further the application, and

• (b) subject to section 52(6), the person shall be disqualified from making a further application for a period of 5 years from the date of the designated local authority’s determination.

• (2) The designated local authority shall not make a determination under subsection (1) unless it has given the person the opportunity to make representations to the designated local authority in relation to its proposal to make the determination.

• (3) The Minister may prescribe—

• (a) the procedure by which a designated local authority may make a determination under subsection (1), and

• (b) the form and manner in which representations referred to in subsection (2) may be made.

Chapter 2 Transitional and saving provisions

54. Interpretation for Chapter 2 of Part 6

54. (1) In this Chapter—

“engineer’s report” has the same meaning as it has in the Regulations;

“relevant local authority” has the same meaning as it has in the Regulations;

“the Regulations” means the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020.

• (2) A reference in this Chapter to a Regulation shall be construed as a reference to a Regulation of the Regulations.

• (3) A reference in section 56 or 57 to a particular modification or modifications as may be prescribed shall include a reference to all other necessary modifications.

55. Revocation

55. The Regulations are revoked in so far as they are not saved by sections 56 and 57.

56. Confirmation of eligibility

56. (1) Where an individual has engaged an engineer for the purposes of making an application under Regulation 8 but has not before the date of coming into operation of section 55 made the application, the individual may on or after that date make an application under section 13 and the application shall be considered in accordance with this Act, subject to the following modifications:

• (a) the reference in subsections (2) and (9) of section 13 to a building condition assessment report shall be construed as a reference to the engineer’s report prepared by the engineer engaged by the individual;

• (b) in section 16(1), “may” shall be substituted for “shall”;

• (c) the Housing Agency may, where it considers it appropriate, consider the engineer’s report to be a report referred to in section 16(1).

• (2) Where an individual has made an application under Regulation 8, but the relevant local authority has, before the date of coming into operation of section 55, either not issued a confirmation of eligibility under Regulation 8(8) or decided not to issue a confirmation under Regulation 8(9), the application shall, on and after that date, be considered to be an application under section 13, and shall be considered by the designated local authority in accordance with this Act, subject to the modifications referred to in subsection (1).

57. Confirmation of grant approval

57. (1) Where an individual has been issued a confirmation of eligibility under Regulation 8(8) before the date of coming into operation of section 55 but has not before that date been issued a confirmation of grant approval under Regulation 9(7) or received a decision not to issue a confirmation of grant approval under Regulation 9(10) —

• (a) the application made under Regulation 8 shall be considered to be an application approved by the Housing Agency under section 16(4)(a)(i).

• (b) the relevant remedial option referred to in Regulation 8(8) in respect of which the confirmation of eligibility was issued shall, on and after that date be considered to be the approved remediation option,

• (c) the relevant local authority which issued the confirmation of eligibility shall approve, in accordance with section 10, or any order made under section 11, the remediation option grant which may be paid to the relevant owner under section 18, and

• (d) the approved remediation option and remediation option grant referred to in paragraphs (b) and (c) shall, for the purposes of this Act, be considered to be an approval under section 16(4)(a) and this Act shall apply accordingly to it, subject to the following modifications:

• (i) section 16(7) shall not apply;

• (ii) where payments referred to in Regulation 8(12) have been made to the individual, the individual shall not be approved for a grant under section 22(6).

• (2) Where an individual has been issued a confirmation of grant approval under Regulation 9(7) before the date of coming into operation of section 55, the relevant local authority on or after that date, in accordance with such procedure as may be prescribed—

• (a) shall, subject to subsection (3), revise the confirmation of grant approval in accordance with section 10, or any order made under section 11, and for that purpose shall consider that the relevant remedial option in respect of which the individual received a confirmation of eligibility under Regulation 8 shall be the remediation option in relation to which the confirmation of grant approval is revised, and

• (b) shall, subject to subsection (4), consider any application made by the individual for an ancillary grant referred to in section 10(2).

• (3) Where the amount of a remediation option grant which would result from the revision referred to in subsection (2)(a) would be less than the amount of the grant approved under the confirmation of grant approval under Regulation 9, the relevant local authority shall not revise the confirmation of grant approval.

• (4) Where payments referred to in Regulation 9(8A) have been made to the individual, the individual shall not be approved for a grant under section 22(6).

• (5) Following the revision referred to in subsection (2), the individual—

• (a) shall, for the purposes of any further applications made by him or her under this Act, and subject to such modifications as may be prescribed, be considered to have received an approval under section 16(4)(a).

• (b) may be given a letter of assurance in accordance with section 21, subject to such modifications as may be prescribed, and

• (c) where the letter of assurance is given, may apply for a second grant in accordance with section 25.

• (6) Subject to subsections (2)(a) and (3), and such other modification as may be prescribed, the Regulations shall continue to apply to an individual referred to in subsection (2) .

• (7) Where an eligible applicant or individual has given notice to the relevant local authority under and in accordance with Regulation 11(1) before the date of the coming into operation of section 55, Regulation 11 shall continue to apply in respect of the eligible applicant or individual on and after that date.

• (8) Where an individual has notified the relevant local authority under and in accordance with Regulation 12(1) before the date of coming into operation of section 55, Regulation 12 shall continue to apply in respect of the individual on and after that date.

• (9) An appeal under Regulation 13 may be made within 28 days after the date of the coming into operation of section 55.

• (10) Subject to subsection (9), Part 5 shall apply to an appeal under Regulation 13 as if section 55 had not come into operation and, subject to matters of procedure or necessary modifications of Part 5 as may be prescribed under section 58(2) for the purposes of this section, the appeal shall be considered and determined under Part 5.

• (11) Section 28 shall apply, subject to the modifications referred to in subsection (12) to an individual issued a confirmation of grant approval under Regulation 9 before the date of coming into operation of section 55.

• (12) The modifications are:

• (a) the reference in section 28(1) to “development consisting of the completion of an approved remediation option” shall be construed as a reference to “development consisting of the completion of a relevant remedial option” under the Regulations;

• (b) the reference in section 28(2) to the “relevant dwelling in respect of which the approved remediation option is to be completed” shall be construed as a reference to the relevant dwelling the subject of the confirmation of grant approval under Regulation 9 in respect of which the relevant remedial option is completed;

• (c) the reference in section 28(3) to “the approved remediation option” is a reference to the “relevant remedial option” under the Regulations.

58. Regulations for purposes of sections 56 and 57

58. (1) The Minister may make such further incidental, supplementary and consequential provision by regulations as he or she considers appropriate for the purposes of giving effect to sections 56 and 57.

• (2) Without prejudice to the generality of subsection (1), the Minister may prescribe—

• (a) the circumstances in which an engineer is considered to be engaged for the purposes of section 56(1).

• (b) subject to subsection (3), the amount of a payment which may be given to an individual referred to in subsection (1) or (2) of section 56 for the purposes of reimbursing him or her for the cost of the engineer’s report referred to in that section,

• (c) the procedure by which the relevant local authority shall perform its functions under subsections (1) and (2) of section 57,

• (d) the procedure by which an individual may claim payments of any grant approved, revised, or applied for, in accordance with section 57,

• (e) subject to subsections (9) and (10) of section 57, the manner in which appeals under Regulation 13 are to be conducted.

• (3) The amount of a payment which may be prescribed by regulations made under subsection (2)(b) shall not exceed the lesser of—

• (a) the expenditure of the person in respect of the engineer’s report, and

• (b) €7,000.

Footnotes