S.I. No. 680/2011 - Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th December, 2011.

I, PHIL HOGAN, Minister for the Environment, Community 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) (adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), hereby order as follows:

1. This Order may be cited as the Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2011.

2. In this Order, “Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009).

3. The 1st day of January 2012 is appointed as the day on which the following provisions of the Act of 2009 come into operation:

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

(i) Part 3 of that Schedule, as respects section 12 of the Housing Act 1988 (No. 28 of 1988), and

(ii) Part 5 of that Schedule as respects subsection (2) of section 14 (insofar as it applies to a refusal to sell a dwelling under paragraph (ii), to a tenant, in the case of Part 4 of the Act of 2009) of the Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997);

(b) section 33, insofar as it applies to the following provisions of the Act of 2009 referred to in subsection (1)(a)—

(i) subsection (4) of section 75, and

(ii) subsection (5) of section 76;

(c) other than paragraph (a) of subsection (9) of section 64, Part 4;

(d) schedule 4.

GIVEN under my Official Seal,

21 December 2011.

PHIL HOGAN,

Minister for the Environment Community 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 Part 4 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) (except for section 64(9)(a)), and other provisions of the 2009 Act relating to tenant purchase of local authority apartments, into operation on 1 January 2012.

This is the fifth Commencement Order made under the 2009 Act. Previous Orders (S.I. Nos. 449 and 540 of 2009, 253 of 2010 and 83 of 2011) brought the following provisions of the 2009 Act, among others, into operation, as follows:

Commencement date of 1 December 2009:

• most of Part 1 (Preliminary and General)

• Part 2, Chapter 1 (Housing Services)

• section 35 (Anti-social behaviour strategy)

Commencement date of 1 January 2010:

• Part 3 (Incremental Purchase Arrangements)

Commencement date of 1 February 2010:

• Part 2, Chapter 6 (Homelessness Action Plans)

Commencement date of 14 June 2010:

• section 22 (Allocation of dwellings)

• sections 33 and 34 relating to the charging of interest on, and arrangements with households for payment of, certain moneys owing to housing authorities

Commencement date of 1 April 2011:

• section 19 (Provision of social housing support)

• section 20 (Social housing assessment), except for subsection (5)

• section 21 (Summary of social housing assessments).