2 2009

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Number 2 of 2009


RESIDENTIAL TENANCIES (AMENDMENT) ACT 2009


ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Validation of appointments to Dispute Resolution Committee and related matters.

3. Short title and collective citation.


Act Referred to

Residential Tenancies Act 2004

2004, No. 27

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Number 2 of 2009


RESIDENTIAL TENANCIES (AMENDMENT) ACT 2009


AN ACT TO DEEM THE APPOINTMENT, OR PURPORTED APPOINTMENT, OF CERTAIN MEMBERS OF THE DISPUTE RESOLUTION COMMITTEE TO BE VALID; TO DEEM TO BE VALIDLY CONSTITUTED ANY TENANCY TRIBUNAL CONSTITUTED, OR PURPORTING TO HAVE BEEN CONSTITUTED, UNDER SECTION 102 OF THE RESIDENTIAL TENANCIES ACT 2004; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[28th January, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1 .— In this Act—

“Dispute Resolution Committee” has the same meaning as it has in the Principal Act;

“Principal Act” means the Residential Tenancies Act 2004 .

Validation of appointments to Dispute Resolution Committee and related matters.

2 .— (1) Notwithstanding any contravention of subsection (3), (4) or (5) of section 159 of the Principal Act—

(a) every appointment, or purported appointment, to the Dispute Resolution Committee made before the passing of this Act shall be deemed to have been validly made, and

(b) each Tenancy Tribunal constituted, or purporting to have been constituted, under section 102 of the Principal Act before the passing of this Act shall be deemed to have been validly constituted.

(2) Every act done, or purporting to have been done, by the Dispute Resolution Committee or a Tenancy Tribunal before the passing of this Act, that would, but for this subsection, be invalid by reason only of a contravention of subsection (3), (4) or (5) of section 159 of the Principal Act, shall be, and be deemed always to have been, valid and effectual for all purposes.

(3) If subsection (1) or (2) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

Short title and collective citation.

3 .— (1) This Act may be cited as the Residential Tenancies (Amendment) Act 2009.

(2) The Principal Act and this Act may be cited together as the Residential Tenancies Acts 2004 and 2009.