S.I. No. 540/2009 - Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009


S.I. No. 540 of 2009

HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009 (COMMENCEMENT) (NO. 2) ORDER 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd December, 2009.

I, MICHAEL FINNERAN, Minister of State at the Department of theEnvironment, Heritage and Local Government, in exercise of the powersconferred on me by section 1(4) of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) and the Environment, Heritage and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2009 ( S.I. No. 407 of 2009 ), hereby order as follows:

1. This Order may be cited as the Housing (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009.

2. In this Order “Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009).

3. The 1st day of January 2010 is appointed as the day on which sections 43, 44, 45, 46, 47, 48 and 49 of the Act of 2009 come into operation.

4. The 1st day of February 2010 is appointed as the day on which the following provisions of the Act of 2009 come into operation:

(a) section 8 and Schedule 2, insofar as they apply to the amendments set out in Part 4 of that Schedule as respects section 23 of the Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992); and

(b) sections 36, 37, 38, 39, 40, 41 and 42.

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GIVEN under my hand,

17 December 2009.

MICHAEL FINNERAN,

Minister of State at the Department of the Environment,Heritage and Local Government.

EXPLANATORY NOTE

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

This Order brings Part 3 (Incremental Purchase Arrangements) of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) intooperation on 1 January 2010.

The Order also brings the following provisions of the 2009 Act into operation on 1 February 2010:

•Part 2, Chapter 6 (Homelessness Action Plans), and

•Schedule 2, Part 4, Item 5, which amends section 23 of the Housing (Miscellaneous Provisions) Act 1992 , specifying the classes of local authority empowered to carry out particular statutory housing functions under the Housing Acts 1996 to 2009.

The Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009 ( S.I. No. 449 of 2009 ) brought the following provisions of the 2009 Act into operation on 1 December 2009, viz.

•most of Part 1 (Preliminary and General),

•Part 2, Chapter 1 (Housing Services), and

•section 35 (Anti-social behaviour strategy).