Planning and Development (Amendment) Act, 2002
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Amendment of section 3 of Housing (Miscellaneous Provisions) Act, 1992. |
17.— Section 3 of the Housing (Miscellaneous Provisions) Act, 1992 , is amended— | |
(a) by substituting the following subsections for subsections (1) to (4): | ||
“(1) The granting of a shared ownership lease by— | ||
(a) a housing authority of a house provided by them under section 56 of the Principal Act, or | ||
(b) an approved body of a house provided by it with assistance under section 6, | ||
shall be subject to such regulations as may be made by the Minister for the purposes of this section. | ||
(2) Every shared ownership lease granted by a housing authority or an approved body and every assurance of the authority's or body's interest in accordance with such a lease shall be expressed and shall operate to vest, on the date specified therein, the interest so specified, subject to such terms and conditions as may be so specified. | ||
(3) Where a housing authority or an approved body has granted a shared ownership lease, then, subject to such regulations as may be made by the Minister, the authority or the approved body, as the case may be, may charge a rent or other payment for the tenancy or occupation of the house concerned. | ||
(4) (a) Where a loan, being a loan made otherwise than by a housing authority, to enable a lessee to make a payment in respect of a shared ownership lease granted by a housing authority is secured by way of mortgage, the authority may enter into and carry out an agreement with the mortgagee. | ||
(b) Where a loan to enable a lessee to make a payment in respect of a shared ownership lease granted by an approved body is secured by way of mortgage, the approved body may enter into and carry out an agreement with the mortgagee.”, | ||
(b) in subsection (5)— | ||
(i) by substituting the following paragraph for paragraph (i): | ||
“(i) in the case of a house leased to a person by a housing authority under a shared ownership lease, the purchase by the lessee of the interest of the housing authority in the house and the determination of the sums of money payable therefor;”; | ||
and | ||
(ii) by substituting the following paragraph for paragraph (k): | ||
“(k) prohibiting the disposal, mortgaging, charging or alienation of a house, otherwise than by devise or operation of law, save with the consent of the housing authority or the approved body, as the case may be.”. |