Housing (Regulation of Approved Housing Bodies) Act 2019
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Interpretation | ||
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2. In this Act— | ||
“Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992 ; | ||
“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009 ; | ||
“Act of 2014” means the Companies Act 2014 ; | ||
“AHB” means an approved housing body; | ||
“Appeals Board” means an Appeals Board appointed under section 62 (3); | ||
“Appeals Panel” means the Appeals Panel established under section 61 ; | ||
“approved housing body” means— | ||
(a) a person registered in the register as an approved housing body under section 28 , or | ||
(b) a person who, by virtue of section 34 (1), is deemed to be registered in the register as an approved housing body; | ||
“approved standards” means standards approved and published under section 37 ; | ||
“charitable trust” means— | ||
(a) a charitable trust within the meaning of the Charities Act 2009 , or | ||
(b) the Iveagh Trustees (also referred to as the Iveagh Trust) within the meaning of the Iveagh Trust Acts 1899 to 1961; | ||
“chief executive” means the chief executive officer of the Regulator appointed under section 11 ; | ||
“common areas, structures, works and services” means, in relation to dwellings provided for the purpose specified in section 25 (2)(b)(i), areas, structures, works and services that are, or are intended to be, common to such dwellings and enjoyed therewith, including, where relevant, access and side roads, architectural features, circulation areas, footpaths, internal common stairways, open spaces, parking areas, utility rooms and that portion of the roof or exterior of any building not intended to form or not forming part of any individual dwelling; | ||
“communal facilities and amenities” means, in relation to dwellings provided for the purpose specified in section 25 (2)(b)(i), areas, structures, works and services that are, or are intended to be, common to such dwellings and enjoyed therewith and used for the common benefit or enjoyment of tenants of those dwellings, including, but not limited to, facilities for sanitation, heating, refuse, food preparation, dining, storage, laundry, child care and recreation; | ||
“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; | ||
“compliance plan” has the meaning given to it by section 39 (1); | ||
“constitution” means the rules, in writing, that govern the administration and control of an AHB and regulate its activities, and includes— | ||
(a) in the case of a company, the constitution (within the meaning of section 2 of the Act of 2014) of the company, | ||
(b) in the case of a charitable trust (within the meaning of paragraph (a) of the definition in this section of “charitable trust”), the deed of trust establishing the charitable trust, | ||
(c) in the case of a charitable trust (within the meaning of paragraph (b) of the definition in this section of “charitable trust”), the Iveagh Trustees (also referred to as the Iveagh Trust) within the meaning of the Iveagh Trust Acts 1899 to 1961, | ||
(d) in the case of a registered society, the rules of the registered society, and | ||
(e) in the case of a friendly society (within the meaning of the Friendly Societies Acts 1896 to 2018), the rules of the friendly society, | ||
but does not include any other enactment or rule of law applicable to the carrying on of the activities of the AHB; | ||
“dwelling” has the same meaning as it has in the Act of 2009; | ||
“eligibility criteria” has the meaning given to it by section 25 ; | ||
“enactment” means— | ||
(a) an Act of the Oireachtas, | ||
(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and which continued in force by virtue of Article 50 of the Constitution, or | ||
(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b); | ||
“establishment day” means the day appointed, by order, under section 7 ; | ||
“financial year”, in relation to the Regulator, means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Regulator, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls; | ||
“functional area”, in relation to a housing authority, has the same meaning as it has in section 23(1) of the Act of 1992; | ||
“housing authority” has the same meaning as it has in the Act of 1992; | ||
“Minister” means Minister for Housing, Planning and Local Government; | ||
“notice of non-compliance” has the meaning given to it by section 39 (2); | ||
“notice of non-implementation” has the meaning given to it by section 42 (1); | ||
“record” includes, in addition to any record in writing— | ||
(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form), | ||
(b) a map, plan or drawing, | ||
(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device, | ||
(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and | ||
(e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d); | ||
“register” has the meaning given to it by section 26 , and “registered” shall be construed accordingly; | ||
“registered charitable organisation” has the same meaning as it has in the Charities Act 2009 ; | ||
“registered society” means a society registered under the Industrial and Provident Societies Acts 1893 to 2018; | ||
“Regulator” has the meaning given to it by section 8 ; | ||
“standards assessment” has the meaning given to it by section 38 . |