Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

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Designated local authority

5. (1) The Government may by order designate a local authority to be a designated local authority for the purposes of this Act.

(2) A local authority may be designated under subsection (1) in respect of the whole of, or part of, its administrative area (in this Act referred to as a “designated local authority area”).

(3) The following local authorities are each deemed to be a designated local authority in respect of the whole of its administrative area:

(a) Clare County Council;

(b) Donegal County Council;

(c) Limerick City and County Council;

(d) Mayo County Council.

(4) Where an order designates part only of the administrative area of the designated local authority the order shall have scheduled to it a map of that part and a copy of the map shall—

(a) be deposited and made available for inspection by the public at the offices of the local authority designated by the order, and

(b) be made available on a website maintained by or on behalf of the designated local authority.

(5) A designated local authority shall be responsible for the performance, in its designated local authority area, of the functions assigned to it by or under this Act.

(6) An order may only be made by the Government where the Housing Agency has made a recommendation under subsection (9).

(7) A local authority, in respect of its administrative area, or the Minister, in respect of the administrative area of a local authority, may request the Housing Agency to assess whether there are dwellings located in the administrative area, or part of that area—

(a) in the construction of which defective concrete blocks were used, and

(b) to which damage has been caused by the use of such blocks.

(8) Where a request is made under subsection (7), the Housing Agency may direct an authorised officer of the Housing Agency to carry out testing of dwellings located in the administrative area, or part of the administrative area, the subject of the request.

(9) The Housing Agency shall, as soon as practicable after the completion of any testing, and having regard to the results of any testing, report the results of its assessment under subsection (7) to the Minister and—

(a) make a recommendation to the Minister that an order be made designating the local authority in respect of the whole of, or part of, its administrative area, or

(b) make a recommendation to the Minister that an order not be made.

(10) A recommendation shall—

(a) include the reasons for the recommendation, and

(b) where the recommendation is that the local authority should be designated in respect of part of its administrative area, include a map of that part.

(11) For the purposes of making a recommendation, the Housing Agency may consult with—

(a) the local authority which made the request, or

(b) such other persons as it considers appropriate.

(12) For the purposes of considering a recommendation the Minister may—

(a) consult with such persons as he or she considers appropriate, or

(b) request any information he or she considers necessary from the local authority which made the request, or the Housing Agency.

(13) The Government may, where it considers it appropriate to do so and notwithstanding the recommendation made, make an order in respect of the whole of, or part of, the administrative area of the local authority, including a part different from the part in respect of which the recommendation is made.

(14) The Minister may prescribe—

(a) the form and manner in which a request by a local authority under subsection (7) may be made,

(b) the standards of, and procedures for carrying out, testing referred to in subsection (8), or

(c) the form and manner in which a recommendation under subsection (9) shall be made.

(15) The Minister shall have regard to I.S. 465:2018, or any amendment or replacement of it, in making regulations referred to in subsection (14)(b).

(16) Where an order is proposed to be made under subsection (1), a draft of the order shall be laid before each House of the Oireachtas and it shall not be made until a resolution approving the draft has been passed by each such House.