Housing (Miscellaneous Provisions) Act 2009
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Affordable Dwellings Fund. |
94.— (1) There shall stand established, on the coming into operation of this Part, a fund to be known and in this Act referred to as the Affordable Dwellings Fund (in this section referred to as the “Fund” ). | |
(2) Housing authorities shall pay into the Fund— | ||
(a) any moneys paid by purchasers pursuant to section 87 , 89 , 90 or 91 , | ||
(b) in the case of dwellings purchased under section 3 of the Act of 1992 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act and the Act of 2002), any moneys paid in accordance with section 10 of the Act of 2002 before the said coming into operation, | ||
(c) any moneys paid in accordance with section 99 (4) of the Planning and Development Act 2000 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act), and | ||
(d) in the case of dwellings purchased under Part 2 of the Act of 2002 before the coming into operation of this Part and section 7 (in so far as it applies to the said Act), any moneys paid in accordance with section 9 of that Act before the said coming into operation. | ||
(3) A housing authority may make payments into the Fund from an account established pursuant to section 96 (12) of the Planning and Development Act 2000 . | ||
(4) The Minister may, out of moneys provided by the Oireachtas, pay into the Fund in any financial year such amount as he or she determines, with the consent of the Minister for Finance, in relation to that year. | ||
(5) Subject to and in accordance with the Housing Finance Agency Act 1981 and subsection (6)— | ||
(a) the Housing Finance Agency plc shall manage and control the Fund, | ||
(b) any moneys in the Fund shall be accounted for in a separate account of the Housing Finance Agency plc, and | ||
(c) the Housing Finance Agency plc may advance moneys from the Fund to housing authorities for the purposes of providing housing support under this Act. | ||
(6) The accounts of the Fund shall be in such form and prepared in such manner as the Minister may determine and shall— | ||
(a) be prepared separately from any other accounts of the Housing Finance Agency plc, and | ||
(b) shall comprise— | ||
(i) a balance sheet as at the end of the accounting year duly audited by the auditor of the Housing Finance Agency plc, and | ||
(ii) an income and expenditure account for the accounting year so audited. | ||
(7) The Housing Finance Agency plc shall, where the Minister so requests, provide an estimate of the projected income of and expenditure from the Fund for such period as the Minister may specify in the request. | ||
(8) Where, taking account of any estimate that may be provided under subsection (7), the Minister is satisfied that the amount of moneys in the Fund exceeds the amount required to meet the costs to the Housing Finance Agency plc of borrowing money, in accordance with section 10 of the Housing Finance Agency Act 1981 , the Minister may distribute any surplus funds to housing authorities for the purposes specified in subsection (5)(c). | ||
(9) The administrative costs incurred by the Housing Finance Agency plc in the management of the Fund shall be met from the Fund. |