Housing (Miscellaneous Provisions) Act 2009

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Scheme of priority for affordable dwelling purchase arrangements.

85.— (1) A housing authority shall, not later than one year after the coming into operation of this Part, in accordance with this section and regulations made thereunder, make a scheme (in this Part referred to as a “ scheme of priority ”) determining the order of priority to be accorded to eligible households in relation to—

(a) the sale of affordable dwellings referred to in section 82 (a), (b) and (c) where the demand for such dwellings exceeds the number of such dwellings available for the purposes of this Part, and

(b) the provision of financial assistance under section 81 to eligible households to purchase open market dwellings where the demand for such financial assistance exceeds the financial resources available to the housing authority to provide such assistance.

(2) The Minister may make regulations providing for the matters to be included in a scheme of priority, including the following:

(a) the manner in which affordable dwellings are made available or, in the case of open market dwellings, financial assistance is provided under section 81 to different classes of eligible households including—

(i) the nomination of eligible households to dwellings the subject of a direct sales agreement, and

(ii) the determination of the suitability of the dwellings by reference to size and location, having regard to the circumstances of eligible households, including but not necessarily limited to, family and financial circumstances;

(b) the classification of eligible households for the purposes of subsection (3);

(c) the order of priority in accordance with which affordable dwellings are sold or, in the case of open market dwellings, financial assistance is provided under section 81 to eligible households, including the priority as between eligible households who fall within the same classification referred to in paragraph (b), taking account of—

(i) the period that has elapsed since the eligibility of the household was assessed under section 84 for an affordable dwelling purchase arrangement,

(ii) any preferences of the eligible household in respect of the type of dwelling and its location,

(iii) the income or other financial circumstances of the eligible household, and

(iv) the period for which the eligible household has resided in the administrative area of the housing authority;

(d) such other matters as the Minister considers necessary and appropriate for the purposes of making a scheme of priority.

(3) To facilitate the sale of affordable dwellings under this Part or, in the case of open market dwellings, the provision of financial assistance under section 81 to eligible households, a scheme of priority shall provide for the classification of eligible households of similar circumstances by reference to the order of priority established in accordance with regulations made for the purposes of subsection (2) (c).

(4) A housing authority may from time to time review a scheme of priority and, as it considers necessary and appropriate, amend the scheme or make a new scheme.

(5) The making of a scheme of priority or the amendment of such a scheme are reserved functions.

(6) The sale of affordable dwellings to eligible households under this Part and, in the case of open market dwellings, the provision of financial assistance under section 81 to eligible households are executive functions.

(7) Notwithstanding the repeal by this Act of section 98 of the Planning and Development Act 2000 and section 8 of the Act of 2002, a scheme established under the said section 98 or the said section 8, as the case may be, and in force immediately before the coming into operation of this Part continues to have effect after such coming into operation and is deemed to have been made under this section until a scheme of priority made under this section comes into force.

(8) A housing authority shall make a copy of its scheme of priority available for inspection by members of the public, without charge, on the Internet and at its offices and such other places, as it considers appropriate, during normal working hours.

(9) Before making or amending a scheme of priority, a housing authority shall provide a draft of the scheme or amendment to the scheme, as the case may be, to the Minister, who may direct the housing authority to amend the draft scheme or draft amendment, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.

(10) The Minister may, as he or she considers necessary and appropriate, direct a housing authority to amend a scheme of priority, in such manner as he or she may direct, and the housing authority shall comply with any such direction within such period as may be specified by the Minister.