Housing (Miscellaneous Provisions) Act, 1992

Definition of housing authority and transfer of functions.

23.—(1) Subject to subsections (2) and (3), a reference in the Housing Acts, 1966 to 1992, to a housing authority means, in the case of—

(a) a county health district (exclusive of any town having commissioners under the Towns Improvement (Ireland) Act, 1854), the council of the county in which such county health district is situate,

(b) a county borough, the corporation of such county borough,

(c) a borough, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 8 of the Act of 1988,

(iii) sections 2 to 4 and sections 6 and 7 of this Act,

the corporation of the borough and, as respects each of the said sections, the council of the county in which the borough is situate,

(d) an urban district, except as respects—

(i) section 6 of the Act of 1979,

(ii) sections 8 and 16 of the Act of 1988, and

(iii) sections 2 to 4 and sections 6 , 7 and 11 of this Act,

the council of the urban district and, as respects each of the said sections, the council of the county in which the urban district is situate,

(e) a town having commissioners under the Towns Improvement (Ireland) Act, 1854, except as respects—

(i) sections 34 to 36 and section 41 of the Principal Act,

(ii) section 6 of the Act of 1979, and

(iii) sections 2 and 6, sections 8 to 10 and sections 13 and 16 of the Act of 1988, and

(iv) sections 2 to 7 , sections 10 to 12 and sections 14 , 17 , 18 , 20 , 34 and 35 of this Act,

the commissioners of such town and, as respects each of the said sections, the council of the county in which the town is situate,

and references to the functional area of a housing authority shall be construed accordingly.

(2) A reference in the Housing Acts, 1966 to 1992, to a housing authority means, in the case of—

(a) the borough of Dun Laoghaire, except as respects section 6 of the Act of 1979, the corporation of the borough and, as respects the said section, the council of the county of Dublin,

(b) the urban districts of Athlone, Bray and Dundalk, except as respects—

(i) section 6 of the Act of 1979,

(ii) section 8 of the Act of 1988, and

(iii) sections 2 to 4 and sections 6 and 7 of this Act,

the respective councils of those urban districts and, as respects each of the said sections, the respective councils of the counties in which those urban districts are situate,

and references to the functional area of those housing authorities shall be construed accordingly.

(3) (a) The Minister may, by order, as respects any function of a housing authority within the meaning of subsection (1) or (2) which he considers could be performed more effectively or appropriately by a local authority, other than the housing authority concerned, transfer the function to the said local authority.

(b) In relation to a housing authority to whom a function is transferred in accordance with paragraph (a), an order under this subsection shall specify whether the authority shall, as respects the functional area of the authority from whom the function is transferred, perform the function separately from or as one with the functional area of the first mentioned authority.

(c) An order under this subsection may make provision in relation to the charging of expenses in relation to a function transferred pursuant to paragraph (a).

(d) The Minister may by order amend or revoke an order made under this subsection, including an order made under this paragraph.

(4) The Principal Act is hereby amended by the deletion of the definition of “housing authority” in subsection (1) of section 2.