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9 2002

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 2002

PART 1

Preliminary and General

Short title and commencement.

1. —(1) This Act may be cited as the Housing (Miscellaneous Provisions) Act, 2002 .

(2) The Housing Acts, 1966 to 1998, and this Act, other than sections 17 to 20, 22, 23 and 24 and Schedules 2 and 3, may be cited together as the Housing Acts, 1966 to 2002, and shall be read together as one Act.

(3) This Act, other than section 12 , shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions or for the repeal of different enactments effected by section 4 .

Interpretation.

2. —(1) In this Act, except where the context otherwise requires—

“Act of 1992” means the Housing (Miscellaneous Provisions) Act, 1992 ;

“house” includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant thereto or usually enjoyed therewith and “housing” shall be read accordingly;

“housing authority” has the meaning assigned to it by section 23 (as amended by section 16 ) of the Act of 1992;

“Minister” means the Minister for the Environment and Local Government;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“Principal Act” means the Housing Act, 1966.

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any other enactment shall, unless the context otherwise requires, be read as a reference to that enactment as amended by or under any other enactment, including this Act.

Regulations.

3. —(1) The Minister may make regulations—

(a) prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations, or

(b) for the purposes of, and for the purposes of giving full effect to, this Act.

(2) Regulations made under this Act may—

(a) include any incidental, supplemental and consequential provisions that appear to the Minister to be necessary or expedient, or

(b) apply either generally or to a specified class or classes of persons or to any other matter that the Minister may consider to be appropriate and include different provisions in relation to different classes of persons.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation.

Repeals.

4. —Each enactment specified in column (2) of Schedule 1 is repealed to the extent specified in column (3) of that Schedule.