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S.I. No. 266/2018 - Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2018.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 1 (3) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 358 of 2017 )), hereby order as follows:

1. This Order may be cited as the Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2018.

2. The 23rd day of July 2018 is appointed as the day on which the following provisions of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) come into operation:

(a) section 48;

(b) Part 3 of the Schedule.

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GIVEN under my Official Seal,

19 July 2018.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Minister appoints 23 July 2018 in this Commencement Order as the date to bring section 48 and Part 3 of the Schedule of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) into operation, in accordance with his powers under section 1(3) of that Act.

Section 48(1) amends section 121 (Determination orders) of the Residential Tenancies Acts 2004-2016 (the Acts) by requiring the Director of the Residential Tenancies Board, rather than the Board of the Residential Tenancies Board, to prepare and issue Determination Orders of the Residential Tenancies Board. Consequential technical amendments are also provided, including the insertion of section 121(5A) into the Acts relating to the admission of a Determination Order in court proceedings.

Section 48(2) provides technical amendments relating to the Board and the Director; as set out in Part 3 of the Schedule of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016).