S.I. No. 83/2011 - Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st March, 2011.

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) Order 2011 ( S.I. No. 65 of 2011 ), hereby order as follows:

1. This Order may be cited as the Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2011.

2. The 1st day of April 2011 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) section 7 and Schedule 1, insofar as they apply to the repeal of—

(i) subsection (1) of section 56 of the Housing Act 1966 (No. 21 of 1966), and

(ii) sections 9 and 20 of the Housing Act 1988 (No. 28 of 1988);

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

(i) Part 4 of that Schedule, as respects section 5 of the Housing (Miscellaneous Provisions) Act of 1992 (No. 18 of 1992),

(ii) Part 6 of that Schedule,

(iii) Part 7 of that Schedule, as respects—

(I) subsection (2) of section 94,

(II) the substitution of subparagraph (i) of subsection (4)(a) of section 94, and

(III) subsection (13)(a) of section 96,

of the Planning and Development Act 2000 (No. 30 of 2000), and

(iv) Part 9 of that Schedule, insofar as it applies to the substitution of subparagraph (i) of paragraph (b) of the definition of “relevant purpose” in section 265 (1) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005);

(c) section 19;

(d) other than subsection (5) thereof, section 20;

(e) section 21; and

(f) subsections (1), (2), (3), (4) and (5) of section 32.

GIVEN under my hand,

24 February 2011.

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 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)

• other 2009 Act provisions related to sections 19-21 of the Act.

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

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 monies owing to housing authorities and arrangements with households for payment of monies owed to housing authorities under certain statutory provisions specified in the relevant Order.