S.I. No. 654/2022 - Dwellings Damaged by The Use Of Defective Concrete Blocks In Construction (Remediation) (Financial Assistance) (Amendment) (No. 2) Regulations 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th December, 2022.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the functions conferred on me by section 5 of the Housing (Miscellaneous Provisions) Act 1979 (No. 27 of 1979) (amended by Article 3 of the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (No. 318 of 2015) and adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) (Amendment) (No.2) Regulations 2022.

Definition

2. In these Regulations, “Principal Regulations” means the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 ( S.I. No. 25 of 2020 ).

Amendment of Regulation 8 of Principal Regulations

3. Regulation 8 of the Principal Regulations is amended by substituting for paragraph (11) the following paragraph:

“(11) Subject to Regulation 10(8), where an applicant has sought payment pursuant to paragraph (3)(a) towards the discharge of the fees connected with the provision of the engineer’s report submitted to the relevant local authority in accordance with paragraph (2)(a), the relevant local authority may in the case of an application for confirmation of eligibility received –

(a) before the date of the coming into operation of the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) (Amendment) (No.2) Regulations 2022, make arrangements for the payment to the applicant, as soon as reasonably practicable after receipt of the application for confirmation of eligibility, or

(b) on or after the date of the coming into operation of the Regulations mentioned in subparagraph (a), make arrangements for the payment to the applicant, as soon as reasonably practicable after the issue of the confirmation of eligibility, towards the discharge, of 90% of the fees connected with the provision of the report set out in the invoice submitted to the local authority in accordance with paragraph (4), provided that such payment does not exceed €6,300.”.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

13 December, 2022.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

13 December, 2022.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

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

The Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) (Amendment) (No. 2) Regulations 2022 amend the Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 so as to make provision, in the case of an application for confirmation of eligibility received before the date of the coming into operation of these regulations, for the recoupment of the fees connected with the provision of the engineer’s report without the need for a prior stage 1 confirmation of eligibility.