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S.I. No. 85/2011 - Housing (Transfer of Functions) 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 23 (3) of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 )) 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 (Transfer of Functions) Order 2011.

2. This Order comes into operation on 1 April 2011.

3. The functions of the council of each town mentioned in Part 2 of Schedule 6 to the Local Government Act 2001 (No. 37 of 2001) are, as respects sections 20 and 21 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009), transferred to the county council in whose administrative area the town is situate and each such county council shall, as respects the functional area of the town council from which the said functions are transferred, perform the functions as one with its functional area.

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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 is made under section 23 (3) of the Housing (Miscellaneous Provisions) Act 1992 and transfers certain housing functions of town councils that were formerly town commissioners to their respective county councils. The functions transferred are specified in sections 20 and 21 of the Housing (Miscellaneous Provisions) Act 2009 and relate to assessments by local authorities of households seeking social housing support.

Prior to the amendment of section 23 of the 1992 Act by the 2009 Act, the analogous housing functions of town councils that were formerly town commissioners were discharged by their respective county councils under section 23(1)(e) of the 1992 Act.