Housing (Miscellaneous Provisions) Act, 1997
What is this act about?
Is éard atá sa dlí seo ná leasú agus leathnú ar na hAchtanna Tithíochta atá ann cheana féin agus ar na hAchtanna Leasa Shóisialaigh, ag déanamh forála maidir le imeaglú daoine áirithe agus ag déanamh forála do nithe eile a bhaineann le tithíocht.
Who it applies to: Tionóntaí tithe atá ligthe ag údarás tithíochta; Údaráis tithíochta.
At a glance
- Country
- Ireland
- Area of law
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- Source
- irishstatutebook.ie
- Text retrieved
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What does this act regulate?
- Imeaglú daoine áirithe.
- Foráil do nithe eile a bhaineann le tithíocht.
- Leasú agus leathnú ar na hAchtanna Tithíochta, 1966 go 1992.
- Leasú agus leathnú ar na hAchtanna Leasa Shóisialaigh.
Who does this act apply to?
- Tionóntaí tithe atá ligthe ag údarás tithíochta.
- Údaráis tithíochta.
What are the key points?
- Féadfaidh tionónta nó údarás tithíochta iarratas a dhéanamh chuig an gCúirt Dúiche ar ordú eisiamh i gcoinne duine atá ag gabháil d'iompar frithshóisialta.
- Féadfaidh ordú eisiamh a ordú don fhreagróir an teach a fhágáil agus cosc a chur air dul isteach nó a bheith i gcomharsanacht an tí nó eastát tithíochta sonraithe.
- Féadfaidh ordú eisiamh sealadach a dhéanamh má tá riosca láithreach ann go ndéanfar dochar suntasach don tionónta nó d'áititheoir eile.
- Má sháraíonn freagróir ordú eisiamh nó ordú eisiamh sealadach, beidh sé ciontach i gcion agus dlífear fíneáil nach mó ná £1,500 nó príosúnacht ar feadh téarma nach mó ná 12 mhí, nó an dá rud, air.
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Housing (Miscellaneous Provisions) Act, 1997 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 Housing (Miscellaneous Provisions) Act, 1997 Housing (Miscellaneous Provisions) Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 21 of 1997 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997 ARRANGEMENT OF SECTIONS Section
Section 1
Interpretation.
Section 2
Summonses.
Section 3
Excluding orders.
Section 4
Interim excluding orders.
Section 5
Offences.
Section 6
Taking effect of orders.
Section 7
Copies of orders to be given to certain persons.
Section 8
Effect of appeal from order.
Section 9
Discharge of orders.
Section 10
Exercise of jurisdiction by court.
Section 11
Hearing of certain proceedings.
Section 12
Arrest without warrant.
Section 13
Application to approved housing bodies.
Section 14
Letting and sale of local authority housing.
Section 15
Provision of information.
Section 16
Supplementary welfare allowance.
Section 17
Deductions in respect of housing authority rents.
Section 18
Intimidation etc.
Section 19
Payments to a housing authority or other landlord.
Section 20
Illegal occupiers of local authority housing.
Section 21
Evidence.
Section 22
Housing loans.
Section 23
Amendment of section 3 of Housing Act, 1966.
Section 24
Short title, collective citation, construction and commencement.
Acts Referred to Consumer Credit Act, 1995 1995, No. 24 Health Act, 1970 1970, No. 1 Housing Act, 1966 1966, No. 21 Housing Act, 1988 1988, No. 28 Housing Acts, 1966 to 1992 Housing Finance Agency Act, 1981 1981, No. 37 Housing (Miscellaneous Provisions) Act, 1992 1992, No. 18 Misuse of Drugs Acts, 1977 and 1984 Social Welfare Acts Social Welfare (Consolidation) Act, 1993 1993, No. 27 Number 21 of 1997 HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997 AN ACT TO AMEND AND EXTEND THE HOUSING ACTS, 1966 TO 1992, AND THE SOCIAL WELFARE ACTS, TO MAKE PROVISION IN RELATION TO INTIMIDATION OF CERTAIN PERSONS AND TO PROVIDE FOR CERTAIN OTHER MATTERS IN RELATION TO HOUSING. [7th May, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.—(1) In this Act, unless the context otherwise requires— “anti-social behaviour” includes either or both of the following, namely— (a) the manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984), (b) any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts, 1966 to 1997, or a housing estate in which the house is situate and, without prejudice to the foregoing, includes violence, threats, intimidation, coercion, harassment or serious obstruction of any person; “estate management” includes— (a) the securing or promotion of the interests of any tenants, lessees, owners or occupiers, whether individually or generally, in the enjoyment of any house, building or land provided by a housing authority under the Housing Acts, 1966 to 1997, (b) the avoidance, prevention or abatement of anti-social behaviour in any housing estate in which is situate a house provided by a housing authority under the Housing Acts, 1966 to 1997; “excluding order” has the meaning assigned to it by section 3 ; “health board” means a health board within the meaning of the Health Act, 1970 ; “house” has the meaning assigned to it by the Housing (Miscellaneous Provisions) Act, 1992 ; “housing authority” has the meaning assigned to it by section 1 of the Housing (Miscellaneous Provisions) Act, 1992 ; “respondent” has the meaning assigned to it by section 3 ; “tenant” means any person to whom a housing authority have let a house under the Housing Acts, 1966 to 1997.
Summonses.
2.—(1) Notwithstanding anything contained in any enactment or the District Court Rules— (a) a summons in connection with proceedings under section 62 of the Housing Act, 1966 , or this Act may be served by ordinary prepaid post or in any one of the other ways referred to in section 3(1) of the Housing Act, 1966 ; (b) a summons in connection with proceedings in the District Court under section 62 of the Housing Act, 1966 , or this Act may, in lieu of being signed and issued by a judge of the District Court, be signed and issued under the general superintendence of an appropriate District Court clerk as a matter of administrative procedure.
Excluding orders.
3.—(1) A tenant may, in respect of a house let to the tenant by a housing authority, apply to the District Court for an order (to be known and referred to in this Act as an “excluding order”) against a person including a joint tenant (to be known and referred to in this Act as “the respondent”) whom the tenant making the application believes to be engaging in anti-social behaviour.
Interim excluding orders.
4.—(1) If, on the making of an application for an excluding order or between the making of the application and its determination, the court is of the opinion that there are reasonable grounds for believing that there is an immediate risk of significant harm to the tenant or other occupant of the house if the order is not made immediately, the court may by order (to be known and referred to in this Act as an “interim excluding order”)— (a) direct the respondent, if residing at the house in respect of which the application was made, to leave that house, and (b) whether the respondent is or is not residing at the house, prohibit the respondent from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified housing estate until further order of the court or until such other time as the court shall specify.
Offences.
5.—(1) A respondent who contravenes an excluding order or an interim excluding order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both.
Taking effect of orders.
6.—(1) An excluding order or interim excluding order shall take effect on notification of its making being given to the respondent.
Copies of orders to be given to certain persons.
7.—(1) The court, on making, varying or discharging an excluding order or an interim excluding order, shall cause a copy of the order in question to be given or sent as soon as practicable to— (a) the applicant concerned, (b) the respondent, (c) the housing authority and health board in whose functional area the house in respect of which the application for the order was made is situate, and (d) the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the house in relation to which the application for the order was made is situate.
Effect of appeal from order.
8.—(1) An appeal from an excluding order shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination.
Discharge of orders.
9.—(1) Where an excluding order or interim excluding order has been made, the tenant or the housing authority, as appropriate, or the respondent may apply to the court that made the order to have that order discharged and thereupon the court shall discharge that order if it is of the opinion that the circumstances no longer require that the order should continue in force.
Exercise of jurisdiction by court.
10.—(1) The jurisdiction of the court in respect of proceedings under section 3 , 4 or 9 may be exercised, as regards the District Court, by the judge of the District Court for the time being assigned to the District Court district where the house in relation to which that application was made is situate.
Hearing of certain proceedings.
11.—Proceedings under section 3 , 4 or 9 may be heard otherwise than in public.
Arrest without warrant.
12.—(1) Where a member of the Garda Síochána has reasonable cause for believing that, in respect of an order under this Act, an offence is being or has been committed under section 5 , the member may, on complaint being made to him or her by the tenant or the housing authority, arrest the respondent concerned without warrant.
Application to approved housing bodies.
13.—(1) Sections 3 to 12 shall apply in relation to a house provided by an approved body in the same manner as those sections apply in relation to a house provided by a housing authority under the Housing Acts, 1966 to 1997, and, for this purpose, references to “housing authority” in the said sections and in the definitions of “anti-social behaviour”, “estate management” and “tenant” in section 1
Letting and sale of local authority housing.
14.—(1) Notwithstanding anything contained in the Housing Acts, 1966 to 1992, or in a scheme made under section 11 of the Housing Act, 1988 , a housing authority may refuse to make or defer the making of a letting of a dwelling to a person where— (a) the authority considers that the person is or has been engaged in anti-social behaviour or that a letting to that person would not be in the interest of good estate management, or (b) the person fails to provide information, including information relating to persons residing or to reside with that person, which is requested by the housing authority and which the authority considers necessary in connection with an application for the letting.
Provision of information.
15.—(1) In this section, “specified person” means any of the following, that is to say: (a) the Criminal Assets Bureau; (b) a member of the Garda Síochána; (c) the Minister for Social Welfare; (d) a health board; or (e) a body approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , (to be known and referred to in this section as “an approved body”).
Supplementary welfare allowance.
16.—The Social Welfare (Consolidation) Act, 1993 , is hereby amended by the insertion of the following section after section 179: “179A.—(1) This section applies to a person who— (a) has been required to deliver up possession of a dwelling provided by a housing authority or a body approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 and the reasons for such requirement include anti-social behaviour or the interests of good estate management, or (b) is a person to whom a letting has been refused or deferred under section 14 of the Housing (Miscellaneous Provisions) Act, 1997, or (c) is a respondent to an excluding order or an interim excluding order made under section 3 or 4 of the Housing (Miscellaneous Provisions) Act, 1997, or (d) is a person who has been directed to leave a house under section 20 of the Housing (Miscellaneous Provisions) Act, 1997.
Deductions in respect of housing authority rents.
17.—The Social Welfare (Consolidation) Act, 1993 , is hereby amended by the insertion of the following section after section 240: “240A.—The Minister may, after consultation with the Minister for the Environment, make regulations to provide that where rent due to a housing authority by a beneficiary is unpaid for a specified period or where the amount of rent unpaid exceeds a specified amount, an amount of the beneficiary's benefit may, notwithstanding any provision of this Act, on application by the housing authority to the Minister, be withheld without the beneficiary's consent and paid separately by the Minister to the housing authority, provided that the amount so withheld in any week shall not exceed the amount of the weekly rent payable by the beneficiary.”.
Intimidation etc.
18.—(1) A person who causes or attempts to cause any threat, intimidation or harassment, coerces, obstructs, impedes, or interferes with, an officer or employee of a housing authority or of a health board or a member of the family of such officer or employee or any person who provides or is to provide evidence in any proceedings under section 62 of the Housing Act, 1966 , or this Act, shall be guilty of an offence.
Payments to a housing authority or other landlord.
19.—Where there is no tenancy in a dwelling, any payment offered to or accepted by a housing authority or other person acting in the capacity of a landlord shall not be deemed to create or have created a tenancy in the dwelling.
Illegal occupiers of local authority housing.
20.—(1) Where— (a) a house provided by a housing authority or any part thereof is occupied, whether continuously or otherwise, by a person (other than the tenant or a person who has failed to vacate a house on termination of a tenancy), and (b) a member of the Garda Síochána has received notification from the housing authority that the authority believe that the person is or has been engaged in anti-social behaviour and that it is necessary in the interest of good estate management that the said person be required to leave the house, a member of the Garda Síochána may direct the person to leave the house immediately in a peaceable and orderly manner and that person shall comply with the direction.
Evidence.
21.—Where, in any proceedings under section 62 of the Housing Act, 1966 , or section 3 , 4 or 9 , a member of the Garda Síochána or an officer of a housing authority or a health board states that he or she believes that a person is or has been engaged in anti-social behaviour, then, if the Court is satisfied that there are reasonable grounds for such belief and that another person would be deterred or prevented by violence, threat or fear from providing evidence in that regard, the statement shall be evidence of such anti-social behaviour.
Housing loans.
22.—Section 11 (5) to (12) and (14) of the Housing (Miscellaneous Provisions) Act, 1992 , shall apply and be deemed always to have applied, to a loan made by a housing authority in accordance with terms and conditions approved of for the purposes of section 5 (2) of the Housing Finance Agency Act, 1981 , by the Minister for the Environment and the Minister for Finance.
Amendment of section 3 of Housing Act, 1966.
23.—Section 3 (1) of the Housing Act, 1966 , is hereby amended by the substitution of the following paragraph for paragraph (c): “(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address or, where such registered letter is returned undelivered to the sender, by ordinary prepaid post;”.
Short title, collective citation, construction and commencement.
24.—(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 1997.
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