S.I. No. 449/2009 - Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th November, 2009.

I, MICHAEL FINNERAN, Minister of State at the Department of the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 1 (4) of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) and the Environment, Heritage and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2009 ( S.I. No. 407 of 2009 ), hereby order as follows:

1. This Order may be cited as the Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009.

2. The 1st day of December 2009 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) come into operation:

(a) sections 1, 2, 3, 4, 5 and 6;

(b) section 7 and Schedule 1, insofar as they apply to the repeal of subsection (2) of section 56 of the Housing Act 1966 (No. 21 of 1966) and section 15 of the Housing Act 1988 (No. 28 of 1988);

(c) section 8 and Schedule 2, insofar as they apply to the amendments set out in—

(i) Part 1 of that Schedule, as respects—

(I) section 90, and

(II) subsection (7) of section 107,

of the Housing Act 1966 (No. 21 of 1966),

(ii) Part 2 of that Schedule, as respects subsection (3) of section 10 of the Housing Finance Agency Act 1981 (No. 37 of 1981),

(iii) Part 3 of that Schedule, as respects section 13 of the Housing Act 1988 (No. 28 of 1988),

(iv) Part 4 of that Schedule, as respect—

(I) subsection (1) of section 1,

(II) section 18,

(III) the insertion of sections 18A and 18B, and

(IV) section 34,

of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992), and

(v) Part 5 of that Schedule, as respects—

(I) subsection (1) of section 1 (other than in relation to the definition of “tenant”), and

(II) section 15,

of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);

(d) sections 9, 10, 11, 12, and 13; and

(e) section 35.

GIVEN under my hand,

18 November 2009.

MICHAEL FINNERAN,

Minister of State at the Department of the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order brings the following provisions of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) into operation on 1 December 2009, viz.

•most of Part 1 (Preliminary and General),

•all of Chapter 1 (Housing Services) of Part 2, and

•section 35 (Anti-social behaviour strategy).

Provisions being commenced in Part 1 include powers for the Minister to issue policy directions and guidelines to housing authorities. Consequential amendments being commenced include a broadening of the definition of “anti-social behaviour” in the Housing (Miscellaneous Provisions) Act 1997 and amendments to the Housing (Miscellaneous Provisions) Act 1992 , providing for the issue of improvement and prohibition notices to landlords of private rented accommodation for breaches of standards regulations and offences for failure to comply with such notices.