S.I. No. 386/1986 - Housing Regulations, 1980 (Amendment) Regulations, 1986.

S.I. No. 386 of 1986.

HOUSING REGULATIONS, 1980 (AMENDMENT) REGULATIONS, 1986.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 and 39 of the Housing Act, 1966 (No. 21 of 1966) and by sections 8 , 9 and 10 of the Housing (Miscellaneous Provisions) Act, 1979 (No. 27 of 1979), with the consent of the Minister for Finance, hereby makes the following Regulations:

1. These Regulations may be cited as the Housing Regulations, 1980 (Amendment) Regulations, 1986.

2. In these Regulations—

"the Regulations of 1980" means the Housing Regulations, 1980 ( S.I. No. 296 of 1980 );

"the Regulations of 1981" means the Housing Regulations, 1980 (Amendment) Regulations, 1981 ( S.I. No. 29 of 1981 );

"the Regulations of 1982" means the Housing Regulations, 1980 (Amendment) Regulations, 1982 ( S.I. No. 177 of 1982 );

"the Regulations of 1985" means the Housing Regulations, 1980 (Amendment) Regulations, 1985 ( S.I. No. 223 of 1985 ).

3. Article 31 of the Regulations of 1980 (as substituted by the Regulations of 1982 and amended by the Regulations of 1985) is hereby amended by the substitution for the Table to the article of the following Table:

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4. Articles 32 and 53 of the Regulations of 1980 (as substituted by the Regulations of 1982 and amended by the Regulations of 1985) are hereby amended by the substitution for the Table to each of the said articles of the following Table:

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5. Article 33 of the Regulations of 1980 (as substituted by the Regulations of 1982 and amended by the Regulations of 1985) is hereby amended by:

( a ) the insertion after paragraph (c) of sub-article (1) of the following paragraphs:

"(d) a person who—

(i) is or was a non-commissioned member in the Permanent Defence Force, or

(ii) is the surviving spouse of such member and who has resided in a house allocated to him by the Minister for Defence for a period of not less than three years during which he was not required to vacate such house, where such person has satisfied the housing authority making the loan that on the making of the loan he will provide vacant possession of the house to the said Minister, or

( e ) a person (not being a person referred to in paragraph (b)) or the successor in title of such person, who purchased from a housing authority a new house where such person or successor in title has, on or after the 2nd day of October, 1984 conveyed, or has satisfied the housing authority making the loan that, on the making of the loan, he will convey, his interest in that house to the housing authority which provided it.".

( b ) the substitution for the Table to the article of the following Table:

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and

( c ) the insertion after "site" in sub-article (5) of "and the expression "Permanent Defence Force" shall have the meaning assigned to it in section 2 of the Defence Act, 1954 [No. 18 of 1954]".

6. The Regulations of 1980 are hereby amended by the substitution for article 39 of the following article:

"39. The rate of interest on a loan shall be such rate as may be fixed by the housing authority making the loan, provided that the rate shall not be less than the rate at which money from the Local Loans Fund is lent to housing authorities at that time for the purpose of making such loans and shall not exceed—

( a ) 0.5 per cent more than such rate in the case of loans made before the 1st day of July, 1986, or

( b ) 0.75 per cent more than such rate in the case of loans made on or after the 1st day of July, 1986.".

7. The Regulations of 1980 are hereby amended by the substitution for article 52 of the following article:

"52. Where the repayment of a loan is not secured in accordance with section 8 (2) of the Act of 1979, and the works were commenced during a period specified in column (2) of the Table to this article at any reference number in column (1) of such Table, the amount of the loan shall not exceed the amount set out in column (3) of the said Table at that reference number.

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8. Article 61 of the Regulations of 1980 (as substituted by the Regulations of 1981) is hereby amended by:

( a ) the substitution in sub-article (1) for "Subject to sub-articles (2), (3) and (4)," of "Subject to sub-articles (2), (3), (4) and (5),";

( b ) the substitution for sub-article 4 of the following sub-article:

"(4) Where the site was provided on or after the 1st day of August, 1978, and before the 15th day of June, 1984, the cost of provision shall be taken as not having exceeded £1,500."; and

( c ) the insertion after sub-article 4 of the following sub-article:

"(5) Where the site was provided on or after the 15th day of June, 1984, the cost of provision shall be taken as not having exceeded £3,000.".

9. Paragraph (c) of Article 62 of the Regulations of 1980 is hereby revoked.

10. Article 65 of the Regulations of 1980 is hereby revoked.

GIVEN under the Official Seal of the Minister for the Environment this

25th day of November, 1986.

JOHN BOLAND,

Minister for the Environment.

The Minister for Finance hereby consents to the foregoing regulations.

GIVEN under the Official Seal of the Minister for Finance this

25th day of November 1986.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations make a number of amendments to the Housing Regulations, 1980:

— the amounts of loans a housing authority may advance for the building or acquisition of a house and the income limits applicable to such loans are increased with effect from 5th June, 1986;

— the amount of an unsecured improvement loan is increased with effect from 1st May, 1986 and the income limit in respect of improvement loans generally is increased with effect from 5th June, 1986;

— special category status which gives entitlement to house purchase loans at a higher rate is extended to non-commissioned members of the Permanent Defence Forces who surrender their houses to the Minister for Defence and to persons who purchased new houses provided by local authorities;

— provision is made for the increase in the interest rate on loans for the building or acquisition of a house to enable local authorities to recover from borrowers the cost of mortgage protection insurance;

— the subsidy for sites provided by local authorities for private housing on or after 15th June, 1984, is increased;

— article 62 (c) of the 1980 Regulations which prescribed a maximum floor area limit of110 square metres for houses qualifying for site subsidy is revoked; and

— article 65 of the 1980 Regulations is revoked to allow payment of housing subsidy where a local authority acquires a private house for letting to a tenant.