Housing Finance Agency Act, 1981

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Number 37 of 1981

HOUSING FINANCE AGENCY ACT, 1981

ARRANGEMENT OF SECTIONS

Number 37 of 1981

HOUSING FINANCE AGENCY ACT, 1981

AN ACT TO PROVIDE FOR THE PROMOTION BY THE MINISTER FOR THE ENVIRONMENT OF A LIMITED COMPANY TO PROVIDE FINANCE, EITHER DIRECTLY OR INDIRECTLY, FOR THE ACQUISITION AND CONSTRUCTION OF HOUSES, TO PROVIDE FOR THE GUARANTEEING BY THE MINISTER FOR FINANCE OF BORROWINGS BY THE SAID COMPANY AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [27th December, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Agency” means the Housing Finance Agency;

“borrower” means a person to whom a loan described in section 5 (3) of this Act is made and includes the successor in title of the person to whom such a loan is made;

“the Companies Acts” means the Companies Acts, 1963 and 1977;

“house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith;

“housing authority” means a housing authority within the meaning of the Housing Act, 1966 ;

“the Minister” means the Minister for the Environment.

Formation and registration of Agency.

2.—As soon as may be after the passing of this Act, the Minister shall, after consultation with the Minister for Finance and the Minister for the Public Service, take all such steps as appear to him necessary or desirable to procure that a limited company (in this Act referred to as “the Agency”) conforming to the conditions laid down in this Act shall be formed and registered under the Companies Acts.

Name and capital of Agency.

3.—(1) Notwithstanding the provisions of section 6 of the Companies Act, 1963 , the name of the Agency shall be the Housing Finance Agency.

(2) The share capital of the Agency shall be £100 divided into fully paid shares of £1 each and, notwithstanding anything contained in the Companies Acts, it shall not be lawful for the Agency to increase or reduce that capital without the consent of the Minister for Finance, given after consultation with the Minister.

Memorandum of association and articles of association of Agency.

4.—(1) Subject to subsection (2) of this section, the memorandum of association of the Agency shall be in such form consistent with this Act as shall be approved of by the Minister with the consent of the Minister for Finance and the Minister for the Public Service.

(2) The objects of the Agency stated in the memorandum of association shall include the following:

(a) to provide, by way of mortgage or charge, loans for the acquisition or construction of houses,

(b) to provide moneys to enable such loans to be made by housing authorities, and

(c) to borrow money for the aforesaid purposes.

(3) The articles of association of the Agency shall be in such form consistent with this Act as shall be approved of by the Minister with the consent of the Minister for Finance and the Minister for the Public Service.

(4) The memorandum of association and the articles of association of the Agency shall each be laid by the Minister before each House of the Oireachtas as soon as may be after the requirements of section 2 of this Act have been complied with.

(5) Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of the Agency shall be valid or effectual unless made with the previous approval of the Minister, given with the consent of the Minister for Finance and the Minister for the Public Service.

Loans and advances for acquisition and construction of houses.

5.—(1) The Agency may, subject to such conditions as for the time being stand approved of under this section by both the Minister and the Minister for Finance—

(a) make a loan to a person to acquire or construct a house,

(b) advance moneys to a housing authority to enable loans to be made by the authority for the acquisition and construction of houses.

(2) Where money is advanced to a housing authority under subsection (1) of this section, the authority shall use the advance to make loans either under section 39 of the Housing Act, 1966 , or in accordance with such terms and conditions relating to the acquisition and construction of houses as for the time being stand approved of for the purposes of this section by both the Minister and the Minister for Finance.

(3) Without prejudice to the generality of subsection (1) of this section, conditions referred to in the said subsection (1), and which apply to loans made to persons other than a housing authority, may—

(a) specify the class or classes of persons to whom such loans may be made, and the minimum contribution to be made at the time of the acquisition or construction of a house by a person to whom such a loan is to be made towards the cost of such acquisition or construction,

(b) specify the class or classes of houses in respect of which such loans may be made,

(c) specify the maximum amount of, and the security for, such a loan and the method of ascertaining the value of a house in respect of which such a loan is sought,

(d) as regards such loans, relate to the repayment of the principal, including the manner of and period for such repayment,

(e) as regards such loans, relate to the payment of interest thereon and the fixing of the rate of such interest,

(f) specify the conditions subject to which a house, being a house in respect of which such a loan is made, is held by a borrower during the period until the loan is repaid and the interest thereon is paid to the Agency or a housing authority, as the case may be,

(g) relate to the personal liability of the owner of a house in respect of which such a loan is made for the repayment of any sum due in respect of the loan and for the payment of any sum due in respect of interest on the loan,

(h) provide for the giving of a notice to a borrower requiring him to comply with a condition subject to which such a loan is made to him or subject to which a house, in respect of which such a loan is made, is held by him,

(i) relate to the payment by instalments of such loans by the Agency or the housing authority, as may be appropriate, in respect of houses in course of construction,

(j) require the transfer by the borrower of his interest in a house in respect of which such a loan (other than a loan in relation to which an agreement has been made under subsection (4) of this section) is made at a time when the loan or part of it or the interest thereon or part of it has not been repaid or paid, as the case may be, to the Agency or the housing authority, as may be appropriate,

(k) specify the manner in which, for the purposes of conditions referred to in paragraph (a), (d) or (e) of this subsection, the income of a borrower or an applicant for a loan shall be determined.

(4) In case conditions which for the time being stand approved of for the purpose of this section enable a loan described in subsection (3) of this section to be secured by a second mortgage or a second charge on the house to which the loan relates, the Agency or the housing authority, as the case may be, may for the purpose of securing the loan, enter into and carry out an agreement.

(5) Incase—

(a) default is made in complying with any of the conditions—

(i) subject to which a loan described in subsection (3) of this section (other than a loan secured by a second mortgage or a second charge) is made, or

(ii) subject to which a house in respect of which such a loan is made is held by the borrower,

or

(b) the borrower becomes bankrupt,

the Agency or the housing authority, as the case may be, may recover possession of the house (whatever may be its value) under sections 84 to 89 of the Landlord and Tenant Law Amendment Act, Ireland, 1860 , as if the Agency or the housing authority, as may be appropriate, were the landlord and the borrower were the tenant.

(6) Where the Agency or a housing authority recovers possession of a house under subsection (5) of this section, all the estate, right, interest and title of the borrower in the house shall vest without any conveyance or transfer in the Agency or the authority, as may be appropriate, and the Agency or authority may use the house for the purposes of any of their functions or sell or otherwise dispose of it as it thinks fit.

(7) Where the Agency or a housing authority recovers possession of a house under subsection (5) of this section, it shall pay to the borrower a sum equal to the value of the interest in the house at the disposal of the Agency or the authority, as the case may be, after deducting therefrom the amount of the loan then remaining unpaid, any sum due for interest and all costs incurred by the Agency or authority in the recovery of possession and disposal of the house, including the costs incurred by the Agency or authority in relation to any arbitration under subsection (8) of this section.

(8) In default of agreement between the Agency or a housing authority and a borrower, the value of the interest in a house which is by virtue of this section at the disposal of the Agency or authority shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, by a property arbitrator nominated under the Property Values (Arbitrations and Appeals) Act, 1960 .

General policy directives.

6.—(1) The Minister may, from time to time, with the consent of the Minister for Finance, give to the Agency such general directives as to policy in relation to all or any of the objects specified in the Agency's memorandum of association as he considers appropriate.

(2) The Agency, in performing its functions, shall have regard to any directive under this section.

(3) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to any particular case with which the Agency is or may be concerned.

(4) Where the Minister gives a directive under this section, the following provisions shall apply, namely—

(a) the Minister shall, as soon as may be, cause a copy of the directive to be laid before each House of the Oireachtas,

and

(b) the directive shall be published in the Iris Oifigiúil.

Power of Minister for Finance to take up, hold, and dispose of shares of Agency.

7.—(1) The Minister for Finance may, after consultation with the Minister, from time to time take up by subscription or purchase, and hold, shares of the Agency.

(2) The Minister for Finance may, after consultation with the Minister, sell or otherwise dispose of any shares of the Agency taken up or acquired by him.

(3) The net proceeds (if any) of a sale or disposal by the Minister for Finance of shares of the Agency shall be paid into or disposed of for the benefit of the Exchequer in such manner as that Minister thinks fit.

Power of Minister for Finance as shareholder.

8.—The Minister for Finance may, in respect of the shares of the Agency for the time being held by him, exercise all or any of the rights and powers from time to time exercisable by the holder of such shares, and where such rights or powers are exercisable by attorney, the said Minister may, if he so thinks proper, exercise such rights or powers by his attorney.

Payment of dividends, etc. into Exchequer.

9.—Any dividend, bonus or other money received by the Minister for Finance in respect of the shares of the Agency held by or in trust for him shall be paid into or disposed of for the benefit of the Exchequer in such manner as that Minister thinks fit.

Borrowings.

10.—(1) The Agency may borrow money (including money in a currency other than the currency of the State) but where money is borrowed by the Agency otherwise than from the Exchequer, such borrowing shall be subject to the consent of the Minister and the Minister for Finance.

(2) For the purpose of borrowing, the Agency may create and issue bonds, debentures and other securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as the Agency thinks fit.

(3) The Agency shall exercise the powers conferred on it by this section so that the amount or amounts of principal which the Agency may at any particular time be liable to repay on foot of any liability or liabilities incurred under this section does not, or do not in their aggregate, exceed £200,000,000.

(4) For the purpose of calculating the amount of borrowings under this section by reference to the limit on principal in subsection (3) of this section, the equivalent in the currency of the State of borrowings in a foreign currency shall be calculated at the exchange rate prevailing at the time the calculation is made.

Guarantee by Minister for Finance of borrowings by Agency.

11.—(1) The Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and on such terms and conditions as the Minister for Finance may sanction, the due repayment by the Agency of the principal of any moneys (including moneys in a currency other than the currency of the State) borrowed by the Agency, or the payment of interest on such moneys or both the repayment of the principal and the payment of the interest, and any such guarantee may include a guarantee of the payment by the Agency of commission and incidental expenses arising in connection with such borrowings.

(2) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by him under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him on foot of the payment, and

(c) the amount of moneys covered by the guarantee which was outstanding at the end of that year.

(3) Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by the Agency within two years from the date of the advance of the moneys out of the Central Fund.

(4) Where the whole or any part of moneys required by subsection (3) of this section to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(5) Notwithstanding the provision of moneys under subsection (4) of this section to repay the amount to the Central Fund, the Agency shall remain liable to the Minister for Finance in respect of that amount, and that amount, with interest thereon at such rate or rates as that Minister appoints, shall be repaid to him by the Agency at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) Moneys paid by the Agency under subsection (3) or (5) of this section shall be paid into or disposed of for the benefit of the Excheq uer in such manner as the Minister for Finance thinks fit.

(7) In relation to guaran tees given by the Minister for Finance under this section in money in a currency other than the currency of the State—

(a) each of the references to principal, each of the references to interest and the reference to commission and incidental expenses in subsection (1) of this section shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual interest and the actual commission and incidental expenses, respectively, such equivalent being calculated according to the cost in the currency of the State of the actual principal, the actual interest or the actual commission and incidental expenses, as may be appropriate, at the time the calculation is made,

(b) the reference to moneys in subsection (2) of this section shall be taken as referring to the equivalent in the currency of the State of the actual moneys, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time the calculation is made, and

(c) each of the references to moneys in subsections (3) to (5) of this section shall be taken as referring to the cost in the currency of the State of the actual moneys.

Advances from Central Fund, etc.

12.—(1) The money payable by the Minister for Finance as consideration for the allotment and issue to him of shares in the share capital of the Agency and all other moneys from time to time required by the Minister or by the Minister for Finance to meet sums which may become payable by either of them under this Act shall be advanced out of the Central Fund or the growing produce thereof.

(2) The Minister for Finance may direct that the money payable by a subscriber to the memorandum of association of the Agency shall be paid out of and shall be charged on the Central Fund or the growing produce thereof, and in case that Minister gives a direction under this subsection, the direction shall have effect in accordance with its terms.

(3) The Minister for Finance may, for the purpose of providing for advances out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for that purpose, and for the purpose of such borrowing, he may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and he shall pay all moneys so borrowed into the Exchequer.

(4) The principal of and interest on all securities issued under this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

Accounts and directors' report of Agency.

13.—(1) The Agency shall, as soon as may be after the end of each accounting year, furnish to the Minister—

(a) a balance sheet as at the end of the accounting year duly audited by the auditor of the Agency,

(b) an income and expenditure account for the accounting year so audited, and

(c) a copy of the report of the directors to the shareholders for the accounting year.

(2) The balance sheets and income and expenditure accounts required by subsection (1) of this section shall be drawn up in such form as the Minister shall approve of, with the consent of the Minister for Finance.

(3) The Agency shall, if so required by the Minister, furnish any information he may require in respect of the balance sheets, income and expenditure accounts or reports required by subsection (1) of this section, or in relation to the policy and operations of the Agency.

A copy of every balance sheet, income and expenditure account and report furnished undersubsection (1) of this section to the Minister shall be laid by him before each House of the Oireachtas as soon as may be after such balance sheet, income and expenditure account and report are so furnished to him.

Agency to meet its costs.

14.—The Agency, in performing its functions, shall secure that, taking one year with another, all its costs are met from its operations.

Membership of either House of Oireachtas or European Assembly by directors, officers or servants of Agency.

15.—(1) Where a director of the Agency is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall thereupon cease to be a director of the Agency.

(2) Where a person who is either an officer or servant of the Agency is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall stand seconded from employment by the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances—

(a) in case he is nominated as a member of Seanad Éireann or is appointed to such Assembly, in respect of the period commencing on such nomination or appointment, as the case may be, and ending when he ceases to be a member of Seanad Éireann or such Assembly,

(b) in case he is nominated as a candidate for election to either such House or to such Assembly, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or that Assembly, as the case may be, or fails to be elected or withdraws his candidature, as may be appropriate.

(3) 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 member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a director of the Agency or an officer or servant of the Agency.

(4) Without prejudice to the generality of subsection (2) of this section, that subsection shall be construed as prohibiting the reckoning of a period mentioned in paragraph (a) or (b) of that subsection as service with the Agency for the purpose of any superannuation benefit.

Exemption from stamp duty.

16.—Any bond, debenture or other security referred to in section 10 (2) of this Act shall, for the purposes of section 44 of the Finance Act, 1970 , be regarded as being stock within the meaning of the said section 44.

Expenses.

17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

18.—This Act may be cited as the Housing Finance Agency Act, 1981.