Housing (Regulation of Approved Housing Bodies) Act 2019

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Certain persons deemed to be registered as AHBs

34. (1) Subject to the provisions of this section, a person who, immediately before the coming into operation of section 67 , was a body standing approved under subsection (6) of section 6 of the Act of 1992, for the purposes of the said section 6, shall be deemed to be registered in the register as an AHB for the purposes of this Act.

(2) Notwithstanding any enactment or rule of law, the Minister shall, when requested by the Regulator, provide to the Regulator all such information in the possession or procurement of the Minister, held by the Minister for the purposes of section 6 of the Act of 1992, relating to a person who is deemed to be registered as an AHB by virtue of subsection (1), as the person would be required to provide to the Regulator were it making an application for registration under section 27 .

(3) Information provided to the Regulator by the Minister under subsection (2) may be used only by the Regulator in the performance of the Regulator’s functions and shall not be disclosed by the Regulator to any other person for any other purpose.

(4) The Regulator may require a person who is deemed to be registered as an AHB by virtue of subsection (1) to provide the Regulator with the information that the person would be required to so provide if it were an applicant for registration under section 27 and the person shall comply with the requirement.

(5) The Regulator shall, as soon as practicable after receiving information pursuant to a request under subsection (2) or a requirement under subsection (4), as the case may be, in respect of a person who is deemed to be registered as an AHB by virtue of subsection (1), enter in the register—

(a) the name of the person concerned and the person’s principal place of business in the State,

(b) the registration number issued to the person,

(c) the activity to which the registration relates,

(d) in the case of a company, the names of the directors of the company,

(e) in the case of a registered society, the names of the members of the committee of management or other directing body of the society,

(f) in the case of a friendly society within the meaning of the Friendly Societies Acts 1896 to 2018, the names of the members of the committee of management of the society,

(g) in the case of a charitable trust, the names of the trustees of the trust,

(h) in the case of a person not falling within paragraph (d), (e), (f) or (g), as the case may be, such particulars as the Regulator considers appropriate, and

(i) any other particulars as the Regulator considers appropriate.

(6) Subject to subsection (7), a person who is deemed to be registered as an AHB by virtue of subsection (1) shall make an application under section 27 to the Regulator for registration as an AHB—

(a) before the end of the period of 12 months from the coming into operation of this section, in a case where the person is, on such coming into operation, for the purpose specified in section 25 (2)(b)(i), providing or managing, or both, 300 or more dwellings,

(b) before the end of the period of 2 years from the coming into operation of this section, in a case where the person is, on such coming into operation, for the purpose specified in section 25 (2)(b)(i), providing or managing, or both, 50 or more but less than 300 dwellings,

(c) before the end of the period of 3 years from the coming into operation of this section, in a case where the person is, on such coming into operation, for the purpose specified in section 25 (2)(b)(i), providing or managing, or both, less than 50 dwellings, and

(d) before the end of the period of 3 years from the coming in operation of this section, in a case where the person is, on such coming into operation neither providing nor managing any dwelling for the purpose specified in section 25 (2)(b)(i).

(7) The Regulator may, having regard to any representations, in writing, made to it before the end of the period specified in subsection (6)(a), (b), (c) or (d), as the case may be, by a person who is deemed to be registered as an AHB by virtue of subsection (1), extend the period so specified, as it considers appropriate, where it is of the opinion that compliance by the person would be unduly onerous having regard to the person’s circumstances.

(8) Where—

(a) a person who is deemed to be registered as an AHB by virtue of subsection (1) makes an application under section 27 for registration before the end of the period specified to in subsection (6)(a), (b), (c) or (d), as the case may be, or any extension of that period under subsection (7), and

(b) the decision—

(i) under section 28 to grant the registration, or

(ii) under section 31 to refuse the registration,

is not made before the end of the period referred to in paragraph (a) then, the registration of the person in the register by virtue of subsection (1) remains in effect—

(I) until the decision is made under section 28 to grant the registration, or

(II) where the decision is made under section 31 to refuse the registration, until that decision takes effect in accordance with paragraph (a) or (b), as the case may be, of subsection (2) of that section.

(9) (a) Where a person—

(i) is deemed to be registered as an AHB by virtue of subsection (1), and

(ii) in respect of the person’s application for registration under section 27 , notice of a decision to refuse to grant the application takes effect under paragraph (a) or (b), as the case may be, of section 31 (2),

the person shall cease to be deemed to be registered and the registration of the person as an AHB shall be cancelled under section 58 .

(b) Where paragraph (a) applies, the Regulator shall give a notice to the person concerned stating that—

(i) the person shall cease to be deemed to be registered with effect from the date of the giving of the notice, and

(ii) the registration of the person as an AHB shall be cancelled under section 58 .

(10) (a) Where a person who is deemed to be registered as an AHB by virtue of subsection (1) fails to apply under section 27 for registration before the end of the period specified in subsection (6)(a), (b), (c) or (d), as the case may be, or any extension of that period under subsection (7), the Regulator shall give a notice to the person stating that, unless an application for registration under section 27 is received not later than 28 days from the date of the notice—

(i) the person shall cease to be deemed to be registered as an AHB, and

(ii) the registration of the person as an AHB shall be cancelled under section 58 .

(b) If a person to whom a notice is given under paragraph (a) fails to apply under section 27 for registration before the end of the period specified in the notice, the person shall cease to be deemed to be registered with effect from the end of the period so specified and the registration of the person as an AHB shall be cancelled under section 58 .