An act to amend and extend the housing acts, 1966 to 1997, the local government (planning and development) acts, 1963 to 1998, the local government act, 1991 , to make provision for the accommodation needs of travellers, to provide for the appointment of a national traveller accommodation consultative committee and local traveller accommodation consultative committees and to provide for related matters.
Short title, collective citation, construction and commencement
(1)
This Act may be cited as the Housing (Traveller Accommodation) Act, 1998 .
(2)
The Housing Acts, 1966 to 1997, and this Act, other than sections 26 and 27, may be cited together as the Housing Acts, 1966 to 1998, and shall be construed together as one Act.
(3)
The Local Government (Planning and Development) Acts, 1963 to 1998, and sections 26 and 27, may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1998, and shall be construed together as one Act.
(4)
This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
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Interpretation
(1)
In this Act, except where the context otherwise requires—
"accommodation programme" shall be construed in accordance with section 7;
"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 ;
"the Act of 1988" means the Housing Act, 1988 ;
"the Act of 1992" means the Housing (Miscellaneous Provisions) Act, 1992 ;
"the Act of 1997" means the Housing (Miscellaneous Provisions) Act, 1997 ;
"body" includes an organisation, a body established by statute, a body corporate (whether a corporation aggregate or a corporation sole) and an unincorporated body of persons;
"functions" includes powers and duties and a reference to the performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;
"housing authority", other than in the context of a relevant housing authority, has the meaning assigned to it by section 1(1) of the Act of 1992;
"local consultative committee" means a committee appointed under section 21;
"manager" means—
(a)
as respects the corporation of a county borough, the manager for the purpose of the Acts relating to the management of the county borough, and
(b)
as respects the council of a county, the corporation of a borough or an urban district council, the manager for the purposes of the County Management Acts, 1940 to 1994;
"the Minister" means the Minister for the Environment and Local Government;
"National Consultative Committee" means the National Traveller Accommodation Consultative Committee appointed under section 19;
"relevant housing authority" has the meaning assigned to it by section 5;
"site" means—
(a)
a site to which section 13 of the Act of 1988 (as amended by this Act) applies,
(b)
a site provided or managed under section 6 of the Act of 1992, or
(c)
any other site for caravans for travellers provided or managed with or without the assistance of a housing authority;
"traveller" means a person to whom section 13 of the Act of 1988 (as amended by this Act) applies.
(2)
In this Act a reference to a section or a Part is a reference to a section or a Part of this Act unless it is indicated that reference to some other enactment is intended.
(3)
In this Act a reference to a subsection or a paragraph is a reference to the subsection or the paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
(4)
A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).
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Expenses
Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be approved of by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
4-
Directions
The Minister may by direction amend or revoke a direction given by the Minister under this Act (including a direction under this section).
In this Part, except where the context otherwise requires—
"relevant housing authority" means—
(a)
in the case of a county health district, the council of the county in which such county health district is situate,
(b)
in the case of a county borough, the corporation of the county borough,
(c)
in the case of a borough, the corporation of the borough,
(d)
in the case of the urban districts of Bray and Dundalk, the respective councils of those urban districts, and
(e)
in the case of any other urban district, the council of the county in which the urban district is situate,
and references to the functional area of a relevant housing authority shall be construed accordingly.
(2)
Section 23(3) of the Act of 1992 shall apply to a function of a relevant housing authority under this Act in the same way as it applies to a housing authority.
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Assessment of accommodation needs
(1)
A relevant housing authority, when making an assessment under section 9 of the Act of 1988, shall, in addition to such assessment and at such other times as the Minister may by direction specify, make an assessment of the need for sites in the functional area concerned.
(2)
Subject to subsections (3) and (4), section 9 of the Act of 1988 shall, with any necessary modifications, apply to an assessment under this Act.
(3)
In addition to giving notice to the bodies specified in paragraphs (a) to (c) of section 9(4) of the Act of 1988, a relevant housing authority shall give notice of the intention to make an assessment under this section to the local consultative committee.
(4)
Without prejudice to the generality of subsection (1), a relevant housing authority, in making an assessment shall have regard to—
(a)
the estimate of travellers referred to in subsection (5),
(b)
the need for sites with limited facilities referred to in section 13 of the Act of 1988 (as amended by this Act) in relation to the annual patterns of movement of travellers, otherwise than as their normal place of residence, and
(c)
the views, if any, of the local consultative committee concerned.
(5)
A relevant housing authority shall make an estimate of the number of traveller families and households for whom accommodation will be required within the functional area for a period which the Minister may by direction specify.
(6)
A housing authority which is the council of an urban district (other than Bray Urban District Council and Dundalk Urban District Council) shall, in relation to an assessment made by it under section 9 of the Act of 1988, furnish from the assessment such information in relation to travellers, as the Minister may by direction specify, to the council of the county in which the urban district is situate and such information shall be furnished within a period as the Minister may by direction specify.
(7)
When making an assessment under section 9 of the Act of 1988 a relevant housing authority shall—
(a)
inform the local consultative committee of the intention to make the assessment under that section, and
(b)
have regard to the matters specified in paragraphs (a) and (c) of subsection (4).
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Accommodation programme
(1)
A relevant housing authority shall adopt as respects their functional area an accommodation programme not later than the date specified by the Minister, or within 21 days of that date as provided under section 13, and shall specify in that accommodation programme the accommodation needs of travellers and the provision of accommodation required to address those needs for the period specified in section 10(1).
(2)
A relevant housing authority may adopt an accommodation programme together with one or more than one relevant housing authority for the functional areas of the relevant housing authorities concerned and subsections (1) and (3) and sections 8 to 15 shall apply to such adoption.
(3)
The adoption of an accommodation programme or an amendment to or replacement of the accommodation programme by a relevant housing authority shall be a reserved function.
(4)
The Minister shall specify a date for the adoption, by a relevant housing authority, of an accommodation programme.
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Notice of accommodation programme to certain bodies
Before preparing a draft of an accommodation programme or, where appropriate, a draft of an amendment to or a replacement of the accommodation programme, a relevant housing authority shall give notice in writing of the intention to do so to—
(a)
any relevant housing authority where the functional area of such relevant housing authority adjoins the functional area of the relevant housing authority preparing, amending or replacing the accommodation programme;
(b)
an urban district council which is not a relevant housing authority where the functional area of that urban district council is within or adjoins the functional area of the relevant housing authority preparing, amending or replacing the accommodation programme,
(c)
a health board where the functional area of that health board includes or adjoins the functional area of the relevant housing authority preparing, amending or replacing the accommodation programme,
(d)
the local consultative committee concerned,
(e)
such local community bodies as the relevant housing authority consider appropriate, and
(f)
such other body as the relevant housing authority concerned consider appropriate having regard to all the circumstances, including voluntary or non-profit making bodies that are engaged in the provision of accommodation, shelter and welfare or any of them in the functional area concerned.
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Publication of notice of accommodation programme
(1)
A relevant housing authority shall, in such form as the Minister may direct, publish a notice in not less than one newspaper circulating within the functional area of that relevant housing authority stating that—
(a)
they propose to adopt, amend or replace an accommodation programme,
(b)
a draft of the accommodation programme, or a draft of the amendment to or replacement of it, is available for inspection at the offices of the relevant housing authority or such other office as may be specified, at specified times during a specified period, and
(c)
regard will be had to any submissions in writing received by the relevant housing authority in relation to the draft accommodation programme, or the draft of the amendment to or replacement of it, within 2 months of the publication of the notice.
(2)
Within seven days of the date of publication of the notice under subsection (1) the relevant housing authority shall—
(a)
send a copy of the notice and the draft of the accommodation programme, or the draft of the amendment to or replacement of it, to the bodies notified under section 8, and
(b)
make arrangements for a copy of the notice to be displayed at such offices of the relevant housing authority to which the public have access, as the relevant housing authority consider appropriate.
(3)
A relevant housing authority shall make the draft accommodation programme, or the draft of the amendment to or replacement of it, available for inspection at the time and during the period specified pursuant to subsection (1).
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Preparation of accommodation programme
(1)
An accommodation programme shall be prepared by a relevant housing authority in respect of a 5 year period beginning on a date as the Minister may by direction specify and be in such form and contain such information as the Minister may direct and thereafter shall be prepared in respect of each succeeding period of 5 years or each such shorter period as the Minister may direct, and shall be adopted by the relevant housing authority by such date as the Minister may direct or in accordance with section 17.
(2)
In preparing an accommodation programme, or a replacement of it, the relevant housing authority shall—
(a)
include the most recent assessment made by that relevant housing authority under section 6 and any particulars concerning the accommodation needs of travellers in assessments made under section 9 of the Act of 1988,
(b)
include such particulars as the Minister may direct in relation to travellers and contained in the most recent assessment made by a housing authority under section 9 of the Act of 1988, or, where the relevant housing authority is preparing an accommodation programme for the first time, such particulars concerning the needs of travellers for accommodation in sites as may be available to the relevant housing authority or as may be acquired by them as the Minister may direct,
(c)
include a statement of the policy of the relevant housing authority concerned in relation to meeting the accommodation needs of travellers, including the accommodation needs referred to in paragraphs (a) and (b),
(d)
specify the strategy of the relevant housing authority concerned for securing the implementation of the accommodation programme,
(e)
include measures for implementation by the relevant housing authority concerned or, as the case may be, any other housing authority in relation to—
(i)
the provision of the range of accommodation required to meet accommodation needs which have been identified,
(ii)
the provision of assistance to travellers to provide accommodation for their own use,
(iii)
the provision of assistance to a body standing approved under section 6 of the Act of 1992 in respect of the provision or management of accommodation for travellers, and
(iv)
the proper management, including assistance towards the management, of such accommodation for travellers, and
(f)
include any other matters as may be specified in directions issued from time to time by the Minister.
(3)
Without prejudice to the generality of subsection (1), a relevant housing authority, in preparing an accommodation programme, shall have regard to—
(a)
the needs identified under paragraphs (a) and (b) of subsection (2) and any matter which may be specified under paragraph (f) of subsection (2),
(b)
the distinct needs and family circumstances of travellers,
(c)
the provision of sites to address the accommodation needs of travellers other than as their normal place of residence and having regard to the annual patterns of movement by travellers, and
(d)
such other matters as the Minister may by direction specify from time to time.
(4)
A relevant housing authority may, having considered the submissions received in accordance with section 9(1)(c), make such changes to the draft of the accommodation programme published in accordance with section 9(1) or, where appropriate, the draft of the amendment to or replacement of the accommodation programme, as the relevant housing authority considers appropriate.
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Report by manager
The manager of a relevant housing authority shall, as soon as may be after the date by which the submissions referred to in section 9(1)(c) are to be received, prepare a report on the submissions which have been received in accordance with that section—
(a)
summarising the matters contained in such submissions,
(b)
specifying the names of the persons who made such submissions,
(c)
specifying the response of the relevant housing authority concerned to such submissions, and
(d)
indicating whether it is proposed to proceed with the draft of the accommodation programme or of the amendment to or the replacement of it, or to proceed with the draft as varied or modified in a manner indicated in the report, or not to proceed with such draft accommodation programme.
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Submission of accommodation programme to relevant housing authority
The manager of a relevant housing authority shall submit the draft accommodation programme, or the draft of an amendment to or replacement of it, and the report referred to in section 11 to the members of the relevant housing authority not later than 3 months before the date specified for the adoption by the Minister under section 7 or 10, or, where appropriate, the date referred to in section 17 or 18, and the relevant housing authority concered shall, as soon as may be after such submission, furnish a copy of such draft to the bodies notified under section 8.
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Adjournment of meeting
(1)
A relevant housing authority may, subject to subsection (2), from time to time adjourn a meeting of such relevant housing authority at which the motion for the adoption, amendment or replacement of the accommodation programme is being considered.
(2)
A relevant housing authority shall not adjourn a meeting referred to in subsection (1) if such an adjournment falls on a day that is later than 21 days after the date specified for adoption under section 7 or 10, or, where appropriate, the date referred to in section 17 or 18.
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Adoption of accommodation programme by manager
Where a relevant housing authority fails to adopt an accommodation programme, or an amendment to or a replacement of it, by the date specified for such adoption under section 7 or 10, or, where appropriate, the date referred to in section 17 or 18, or within the 21 day period of such date referred to in section 13, the manager shall by order adopt the draft accommodation programme, or the amendment to or replacement of it, submitted in accordance with section 12, within one month of the date concerned subject to any modifications as, in the opinion of the manager, are considered appropriate.
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Publication of accommodation programme
As soon as may be after the adoption of an accommodation programme, or an amendment to or replacement of it, the relevant housing authority shall—
(a)
publish a notice in at least one newspaper circulating in the functional area concerned stating—
(i)
that the accommodation programme, or the amendment to or replacement of it, has been adopted,
(ii)
the times at which, the period during which and the place where a copy of the accommodation programme, or the amendment to or replacement of it, may be inspected, and
(iii)
that a copy of or copy of an extract from the accommodation programme, or the amendment to or replacement of it, may be purchased on payment of a fee not exceeding the reasonable costs of making such copy,
(b)
make arrangements for a copy of the notice published under paragraph (a) to be displayed at such offices of the relevant housing authority to which the public have access, as the relevant housing authority consider appropriate, and
(c)
furnish a copy of the accommodation programme, or the amendment to or replacement of it, to—
(i)
the members of the relevant housing authority,
(ii)
the Minister, and
(iii)
the bodies notified under section 8.
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Implementation of accommodation programme
(1)
A relevant housing authority shall, in securing the implementation of an accommodation programme, or an amendment to or replacement of an accommodation programme, take any reasonable steps as are necessary for the purpose of such implementation.
(2)
A housing authority, other than a relevant housing authority, shall take such steps as are necessary for the implementation of proposals for the functional area of that housing authority which have been specified in an accommodation programme, or in an amendment to or replacement of it, adopted by the relevant housing authority or under section 14 for the functional area of that relevant housing authority within which such housing authority is situate.
(3)
A housing authority, other than a relevant housing authority, shall, in the performance of a function concerning the provision of accommodation for travellers, have regard to the provisions of the accommodation programme, or an amendment to or replacement of it, adopted by the relevant housing authority or under section 14 for the functional area of that relevant housing authority within which such housing authority is situate.
17-
Review, amendment and replacement of accommodation programme
(1)
A relevant housing authority—
(a)
shall review an accommodation programme at least once in each 3 year period or at such time as the Minister may by direction specify from time to time, and
(b)
may review an accommodation programme at any time during the period to which the accommodation programme concerned relates.
(2)
A relevant housing authority may amend or replace an accommodation programme at any time or following a review under subsection (1).
(3)
Where a relevant housing authority proposes to amend or replace an accommodation programme, the date of the adoption of the amendment or replacement shall be 7 months after the publication of the notice under section 9.
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Minister and adoption of accommodation programmes
(1)
The Minister, after consultation with the relevant housing authorities concerned, may—
(a)
require 2 or more than 2 relevant housing authorities to prepare jointly and adopt an accommodation programme by a date specified by the Minister, and
(b)
require that where an accommodation programme is being prepared in accordance with section 7(2), the relevant housing authorities concerned co-ordinate such preparation and adoption in a manner, in relation to such matters and by a date, specified by the Minister,
and the relevant housing authorities concerned shall comply with any such requirement.
(2)
The Minister may, after consultation with a relevant housing authority, require that relevant housing authority to amend or replace an accommodation programme in a manner and by a date specified by the Minister and the relevant housing authority concerned shall comply with any such requirement.
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National Traveller Accommodation Consultative Committee
(1)
The Minister shall appoint a committee to be known as the National Traveller Accommodation Consultative Committee (in this Act referred to as "the National Consultative Committee") to advise the Minister in relation to any general matter concerning accommodation for travellers and any matter referred to it by the Minister.
(2)
Without prejudice to the generality of subsection (1), the National Consultative Committee may advise the Minister in relation to—
(a)
the most appropriate measures for improving, at local level, consultation with, and participation of, travellers in the provision and management of accommodation, and
(b)
general matters concerning the preparation, adequacy, implementation and co-ordination of traveller accommodation programmes.
(3)
The Minister may provide such secretarial and administrative support, technical and professional advice and assistance towards research to the National Consultative Committee as the Minister considers necessary or appropriate.
(4)
The Minister shall fix the date, time and place of the first meeting of the National Consultative Committee.
(5)
The National Consultative Committee may regulate by standing order or otherwise, its procedure and business.
(6)
The proceedings of the National Consultative Committee shall not be invalidated by any vacancies among the membership.
(7)
The National Consultative Committee shall, in respect of each year and by such date as the Minister may direct, prepare and submit a report in writing to the Minister on its activities during that year and the Minister shall cause copies of such report to be laid before each House of the Oireachtas.
(8)
The expenses of the National Consultative Committee maybe paid for by the Minister out of moneys provided by the Oireachtas.
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Membership of National Consultative Committee
(1)
The National Consultative Committee shall consist of not more than 12 members.
(2)
The Minister shall appoint a chairperson of the National Consultative Committee and—
(a)
one person who has been nominated to the Minister by the Minister for Justice, Equality and Law Reform,
(b)
one person who has been nominated to the Minister by the General Council of County Councils,
(c)
one person who has been nominated to the Minister by the Association of Municipal Authorities of Ireland,
(d)
2 persons who have been nominated to the Minister by the County and City Managers' Association,
(e)
3 persons who have been nominated to the Minister by bodies representing travellers and are concerned with the accommodation for travellers as the Minister may determine,
(f)
one person from among the officers of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act, 1956 , and
(g)
2 persons who, in the opinion of the Minister, have experience in relation to accommodation for travellers or are concerned with the general welfare of travellers,
to be members of the National Consultative Committee.
(3)
The bodies referred to in paragraphs (b), (c), (d) and (e) of subsection (2) shall, when requested by the Minister, nominate the number of persons for consideration for appointment to the National Consultative Committee as the Minister may specify and make such nominations in accordance with any directions as may be given by the Minister from time to time, including any directions relating to an appropriate gender balance, and shall inform the Minister of the persons so nominated.
(4)
The term of office of a member (including the chairperson) of the National Consultative Committee shall not exceed 3 years.
(5)
A member of the National Consultative Committee may at any time be removed from office by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of effectively participating in the work of the National Consultative Committee, or has committed stated misbehaviour, or such removal appears to the Minister to be necessary or desirable for the effective performance by the National Consultative Committee of its functions under subsections (1) and (2) of section 19.
(6)
A member of the National Consultative Committee may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.
(7)
If a member of the National Consultative Committee dies, resigns or is removed from office, the Minister may appoint a person nominated in the same manner as the member whose death, resignation or removal occasioned the casual vacancy to be a member of the National Consultative Committee to fill the casual vacancy so occasioned and a person so appointed shall hold office for the remainder of the term of office of the member whose death, resignation or removal occasioned the casual vacancy.
(8)
A member of the National Consultative Committee whose term of office expires by the effluxion of time, including a member appointed to fill a casual vacancy in accordance with subsection (7), shall be eligible for re-appointment as a member of the National Consultative Committee.
