S.I. No. 383/2005 - Affordable Homes Partnership (Establishment) Order, 2005

S.I. No. 383 of 2005 .

AFFORDABLE HOMES PARTNERSHIP (ESTABLISHMENT) ORDER, 2005.

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 3 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971) hereby orders as follows:

Citation.

1.  This Order may be cited as the Affordable Homes Partnership (Establishment) Order, 2005.

Commencement.

2.  This Order shall come into effect on the 1st day of August, 2005.

Definitions

3.  (1)  In this Order—

“the Act” means the Local Government Services (Corporate Bodies) Act 1971 ;

“the Partnership” means the body established under article 4 of this Order;

“the Board” means the Board established under article 6 of this Order;

“the Chairperson” means the Chairperson of the Board appointed by the Minister under article 6(1)(a);

“the Minister” means the Minister for the Environment Heritage and Local Government;

“Greater Dublin Area” means the area comprising the city of Dublin and the counties of Dun Laoghaire-Rathdown Fingal, Kildare, Meath, South Dublin, and Wicklow within the meaning of the Local Government Act 2001 ;

“Dublin Metropolitan Area” means the area comprising the city of Dublin and the counties of Dun Laoghaire-Rathdown Fingal, South Dublin and certain District Electoral Divisions in Kildare, Meath, and Wicklow as described as being part of the Dublin Metropolitan Area in the Regional Planning Guidelines for the Greater Dublin Area, 2004-2016;

“designated body” means—

the Minister,

Dublin City Council,

the County Councils of Dun Laoghaire-Rathdown, Fingal Kildare, Meath, South Dublin and Wicklow.

(2)  In this Order, any reference to an article which is not otherwise identified is a reference to an article of the Order.

(3)  In this Order, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

Establishment of the Partnership.

4.  (1)  The Affordable Homes Partnership is hereby established to provide, for and on behalf of the designated bodies, the services specified in this article for the period up to and including the 31st December, 2008.

(2)  The specific services to be provided by the Partnership shall be—

(i)   to co-ordinate and promote the delivery of affordable housing development in the Greater Dublin Area with particular reference to increasing supply in the Dublin Metropolitan Area;

(ii)   to undertake a series of measures on behalf of the local authorities in the Dublin Metropolitan Area to bring land forward for housing development including the invitation and consideration of proposals from builders and or developers for the utilisation of lands not currently zoned for housing but which may be suitable for development;

(iii)   to co-ordinate and progress with relevant agencies infrastructural development necessary to support housing in the Greater Dublin Area;

(iv)  to develop a communications strategy on affordable housing availability and development on behalf of the designated bodies;

(v)   to report on demand for housing and assess the levels of supply;

(vi)  to promote a common approach to implementation of Part V of the Planning and Development Acts, 2000-2004 in the Greater Dublin Area; and

(vii)  to undertake at the request of the Minister the project planning and procurement of affordable housing on State lands in the Greater Dublin Area.

(3)  The Partnership may provide advisory, technical support and secretarial services for any committees appointed under article 6 of this Order.

5.  (1)  The Partnership may do all such things, including the incurring of expenditure, as may be necessary for the effective carrying out of the services specified in article 4 of this Order.

(2)  In particular, the Partnership may—

(a)  purchase or take on lease any land and may sell exchange, let or otherwise dispose of any land vested in the Board;

(b)  make arrangements with another person or body for the use by the Board of premises or equipment belonging to that person or body or for the use by the Board of officers or employees of that person or body; and

(c)  plan, procure, and supervise contracts for affordable housing on behalf of the designated bodies.

(3)  The Partnership will not be responsible for assessing eligibility, letting properties or ongoing maintenance, or other such functions which are assigned by legislation to designated bodies.

(4)  The Minister may, from time to time, issue to the Partnership such guidelines in relation to the performance of its functions as he or she considers appropriate and the Partnership shall have regard to such guidelines in the performance of its functions. The Minister may amend or revoke guidelines issued under this article.

Constitution of the Board.

6.  (1)  The business of the Partnership shall be conducted by a Board appointed by the Minister and comprising the following members—

(a)  four persons including a chairperson appointed by the Minister;

(b)  four persons nominated by the Minister drawn from the following: the manager of Dublin City Council, the county managers of the county councils of Dun Laoghaire-Rathdown, Fingal South Dublin, Meath, Kildare and Wicklow; and

(c)  the Chief Executive Officer of the Partnership.

(2)  Members of the Board shall hold office for the period up to and including the 31st December, 2008.

(3)  The Board may act notwithstanding a vacancy among its members.

(4)  The quorum for a meeting of the Board shall be one third of its membership calculated to the nearest whole number.

(5)  A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.

(6)  A member of the Board, may at any time, be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(7)  A person shall cease to be, and shall be disqualified from being, a member of the Board where 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, or

(d)  is disqualified or restricted from being a director of any company.

(8)  Where a member of the Board or a member of staff of the Partnership—

(a)  accepts a nomination as a member of Seanad Éireann,

(b)  is elected to either House of the Oireachtas or to the European Parliament,

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

(d)  becomes a member of a local authority,

he or she shall thereupon—

(i)  in the case of a member of the Board cease to be a member of the Board or

(ii)  in the case of a member of the staff of the Partnership, stand seconded from employment by the Partnership for the period specified in sub-article (9).

(9)  A person who stands seconded under sub-article (8) (ii) shall not be paid by, or be entitled to receive from, the Partnership any remuneration in respect of the period commencing on such nomination or election or his or her membership of the local authority or the date on which he or she is so regarded as having been elected, as the case may be, and ending on the date on which he or she ceases to be a member of either such House or such Parliament or such local authority.

(10)  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 or a member of a local authority shall, while he or she is so entitled or is such a representative or member be disqualified from becoming a member of the Board or a member of the staff of the Board.

(11)  If a member of the Board dies, resigns, becomes disqualified or is removed from membership, the Minister may appoint a person to be a member of the Board and fill the vacancy so caused.

(12) (a)  The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(b)  The Chairperson may, at any time, call a meeting of the Board.

(c)  If the Chairperson refuses to call a meeting of the Board having been presented with a requisition for that purpose, signed by three members of the Board, any four members may forthwith, on that refusal, call a meeting of the Board and, if the Board Chairperson (without so refusing) does not, within seven days after the presentation of the requisition, call a meeting of the Board, any four members of the Board may on the expiration of those seven days, call a meeting of the Board.

(13)  The Board may from time to time appoint such and so many committees as it thinks proper.

(14)  A committee appointed under sub-article (13) shall consist of such number of members as the Board thinks proper and may, at the discretion of the Board, consist of members of the Board, employees of the Partnership or other persons with appropriate knowledge or experience.

(15)  The members of the Board (including the chairperson) may be paid such remuneration as the Minister with the consent of the Minister for Finance, may determine.

(16)  Subject to the provisions of this Order, the Board shall regulate, by standing orders or otherwise, its procedure or business.

Staffing of the Partnership.

7.  (1)  The Board may, with the consent of the Minister appoint a person to be the Chief Executive Officer, to carry on and manage and control generally, subject to the general supervision of the Board, the administration and business of the Partnership and to perform such other functions as the Board may determine from time to time.

(2)  The Chief Executive Officer shall hold office for such period and upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as the Minister may, with the consent of the Minister for Finance, determine from time to time.

(3)  The Partnership may appoint such persons to be employees of the Partnership as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading.

(4)  An employee of the Partnership shall be paid, out of moneys at the disposal of the Partnership, such remuneration and allowances for expenses as the Partnership, with the consent of the Minister and the Minister for Finance, may determine.

(5)  An employee of the Partnership shall hold his or her employment on such other terms (including terms specifying the duration of such employment) and conditions as the Partnership, with the consent of the Minister and the Minister for Finance, may determine.

(6)  For the purpose of enabling the Partnership to perform its functions as and from the establishment day, the designated bodies may, for such period as they think appropriate, supply to the Partnership any services including services of staff, required by the Partnership and the Partnership may avail itself of such services for which arrangements are made under this section.

(7)  The supply of services of staff under sub-article (6) may include the supply of services of a person to perform the functions of the Chief Executive Officer.

(8)  The Partnership may make such provision for the superannuation of its staff as may be approved by the Minister with the consent of the Minister for Finance.

Engagement of consultants.

8.  The Partnership may from time to time engage such consultants, advisers or other persons as it considers necessary for the discharge of its functions.

Seal.

9.  (1)  As soon as may be after its establishment, the Partnership shall provide itself with a seal.

(2)  The seal of the Partnership shall be authenticated by the signature of the chairperson or a member of the Board authorised by the Board to act in that behalf or by the signature of a person employed by the Partnership authorised by the Board to act in that behalf.

Reporting and Accounts.

10.  (1)  The Partnership shall furnish to the Minister such information regarding the performance or proposals for the performance of its functions as the Minister may from time to time require.

(2)  The Partnership shall, in accordance with any direction which may from time to time be given by the Minister, submit in each year a programme of activities for the following year and an estimate of the expenditure to be incurred on such activities.

11.  (1)  The Partnership shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister with the consent of the Minister for Finance may from time to time direct.

(2)  Accounts kept under sub-article (1) shall, on or before such date as the Minister shall direct, be submitted annually by the Partnership to the Comptroller and Auditor General for audit and immediately after such audit a copy of the accounts and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies of such accounts and report to be laid before each House of the Oireachtas.

Grants to the Partnership.

12.  The Minister may pay grants of such amounts as may be sanctioned by the Minister for Finance, out of monies to be provided by the Oireachtas, towards the expenses of the Partnership.

The Minister for Finance hereby consents to the Affordable Homes Partnership (Establishment) Order 2005.

Dated this 20th day of July, 2005.

BRIAN COWEN,

Minister for Finance.

EXPLANATORY NOTE.

This Order establishes, under the Local Government Services (Corporate Bodies) Act 1971 , a body to coordinate and promote the delivery of affordable housing in the Greater Dublin Area. The Order also provides for procedures, staffing arrangements and other related matters.