Housing (Miscellaneous Provisions) Act, 1992

Additional provisions relating to section 58 of Principal Act.

9.—(1) (a) A housing authority shall, within one year of the commencement of this section, draw up and adopt a written statement of their policy (in this section referred to as a “policy under this section”) for the effective performance of their functions under section 58(1) of the Principal Act.

(b) A housing authority may, from time to time as they think fit, review their policy under this section and make in it any amendments, or draw up and adopt a new written statement of their policy, as they consider proper.

(c) In drawing up and adopting or amending a policy under this section a housing authority shall have regard to such matters as the Minister may from time to time direct.

(2) Notwithstanding section 58 of the Principal Act and subject to such regulations as may be made by the Minister for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of their functions (including maintenance) in respect of the management and control of any specified dwellings of which the authority are the owner.

(3) A delegation by a housing authority under subsection (2)

(a) shall specify—

(i) the designated body for the purposes of the delegation,

(ii) the functions being delegated to the designated body, and

(iii) the dwellings to which the delegation applies,


(b) may include provisions relating to all or any one or more of the following:

(i) arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement, or ancillary works;

(ii) assistance by the housing authority to the designated body whether of a financial or other nature;

(iii) the collection by the designated body of rent due to the housing authority;

(iv) the assignment by the housing authority to the designated body of all or part of the proceeds of rent payable in relation to dwellings specified in the delegation and the conditions governing such assignment;

(v) the rights of the authority to inspect any book or other document or any other record (whether legible or in a machine readable form) of the designated body;

(vi) any other related or incidental matters which the housing authority consider appropriate.

(4) Regulations under this section may, in particular, but withoutprejudice to the generality of subsection (2), make provision in relation to all or any one or more of the following:

(a) the constitution and composition of a designated body;

(b) the procedures of a designated body;

(c) the terms and conditions of a delegation;

(d) the form of an agreement between a housing authority and a designated body in relation to a delegation;

(e) the class or classes of dwellings in respect of which a delegation may be made;

(f) the monitoring by a housing authority of activities being carried out by a designated body under a delegation, including the inspection by the authority of dwellings;

(g) the provision by a designated body of periodic reports and accounts on its activities to a housing authority;

(h) the auditing of the annual accounts of a designated body.

(5) A housing authority may, at their discretion, revoke a delegation under this section whereupon the functions which had been delegated shall again be vested in and exercised by the authority with effect from a date specified in the resolution revoking the delegation.

(6) The delegation of a function to a designated body or the revocation of any such delegation and the adoption of a policy under this section or an amendment to such a policy shall be reserved functions.

(7) In this section—

“designated body” means an association, council, committee or other body whether corporate or unincorporate, which is—

(a) (i) established by and represents residents of an area within which are located dwellings that are to be the subject of a delegation under this section, or

(ii) established jointly by such residents and the housing authority and any other person or body (whether corporate or unincorporate) approved of by the authority,


(b) declared by the authority by resolution to be a designated body for the purposes of this section;

“dwellings” includes any building or other land to which section 58 of the Principal Act applies and any works or services provided by the housing authority which are ancillary to or otherwise relate to the dwellings concerned.