Housing (Miscellaneous Provisions) Act 2009

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Preparation of draft plan and making of plan.

40.— (1) The manager of a housing authority or of a responsible housing authority, as the case may be, not later than 6 weeks after the coming into operation of this Chapter, shall send a request, in writing, to the chairperson of the management group to arrange for the preparation of a draft homelessness action plan in respect of the administrative area concerned or, in the case of a joint homelessness consultative forum, the administrative areas concerned.

(2) For the purposes of preparing a draft homelessness action plan under this section and before submission of the draft homelessness action plan pursuant to subsection (3), the management group—

(a) shall consult—

(i) the other members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, and

(ii) any town council whose administrative area is contained in the administrative area of the housing authority, or, in the case of a joint homelessness consultative forum, in the administrative areas of the housing authorities, to which the plan relates,

and

(b) may consult any housing authority whose administrative area adjoins the administrative area of the housing authority concerned or, in the case of a joint homelessness consultative forum, the administrative areas of the housing authorities concerned.

(3) Not later than 10 weeks from the date on which the request referred to in subsection (1) is sent, the management group shall approve and submit the draft homelessness action plan to the housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned for adoption.

(4) Subject to subsections (5) to (8), the housing authority, or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan within 6 weeks of receipt of the draft homelessness action plan, with or without modification.

(5) Where any part of a draft homelessness action plan relates to the functions of the Health Service Executive or of a specified body, the housing authority, or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to seek its approval to any proposed modification pursuant to subsection (4) in respect of such part of the draft plan.

(6) The management group, not later than 3 weeks from the date on which the request referred to in subsection (5) is sent, following consultation with the other members of the homelessness consultative forum, or joint homelessness consultative forum, as the case may be, shall—

(a) accept or reject the proposed modification referred to in subsection (5), and

(b) notify, in writing, the housing authority or responsible housing authority, as the case may be, of the decision and the reasons for that decision.

(7) The housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan not later than 6 weeks from the date on which the notification under subsection (6) is sent, with the modification, in a case where it is accepted by the management group, or without the modification, in a case where it is rejected.

(8) Where the housing authority or, in the case of a joint homelessness consultative forum, any of the housing authorities concerned, fail to adopt the homelessness action plan in accordance with this section, the manager of each housing authority, as appropriate, shall, by order, as soon as practicable and in any event not later than the end of the period referred to in section 37 (1), adopt the draft homelessness action plan in accordance with subsection (4) or (7), as appropriate.

(9) The housing authority or responsible housing authority, as the case may be, shall—

(a) give a copy of the homelessness action plan to the Minister and each member of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as soon as practicable after it is adopted,

(b) make the homelessness action plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours,

(c) on request by any person, provide a copy of the homelessness action plan at a price not exceeding the reasonable cost of reproduction, and

(d) publish and maintain a copy of the homelessness action plan on the Internet for the period of the plan.

(10) A housing authority or responsible housing authority, as the case may be, may, at any time, and shall, in any case, not less than 8 months before the end of the period of the homelessness action plan decide to arrange for—

(a) the review and, where appropriate, amendment of the homelessness action plan, or

(b) the preparation and adoption of a new homelessness action plan.

(11) Where a housing authority or responsible housing authority, as the case may be, makes a decision for the purposes of subsection (10), the manager of the housing authority or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to arrange for the review of the homelessness action plan or the preparation of a new homelessness action plan and subsections (2) to (9) shall apply accordingly with any necessary modifications.

(12) Subject to subsection (8), the adoption or amendment of a homelessness action plan is a reserved function.

(13) (a) Notwithstanding section 37 (1), where, before the coming into operation of this Chapter, a housing authority has adopted a plan which meets the conditions specified in paragraph (b), then such a plan is deemed to be a homelessness action plan duly adopted by the housing authority for the purposes of this Chapter.

(b) The conditions referred to in paragraph (a) are that the plan—

(i) specifies the measures proposed to be undertaken to achieve the objectives of a homelessness action plan specified in section 37 (2), and

(ii) does not expire before the end of one year after the date of coming into operation of this Chapter.