S.I. No. 293/2007 - Affordable Homes Partnership (Establishment) Order, 2005 (Amendment) Order 2007


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2007.

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 3 of the Local Government Services (Corporate Bodies) Act 1971 (No. 6 of 1971) hereby orders as follows—

Citation.

1. This Order may be cited as the Affordable Homes Partnership (Establishment) Order, 2005 (Amendment) Order 2007.

Definitions.

2. (1) In this Order, “the Establishment Order” means the Affordable Homes Partnership (Establishment) Order, 2005 ( S.I. No. 383 of 2005 ).

(2) In this Order, any reference to an article which is not otherwise identified is a reference to an article of the Order.

(3) In this Order, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

Amendment of article 3 of the Establishment Order.

3. The following is substituted for the definition of “designated body” in article 3 of the Establishment Order—

‘ “designated body” means —

(a) the Minister, and

(b) a local authority within the meaning of the Local Government Act 2001 .’.

Amendment of article 4 of the Establishment Order.

4. (1) Article 4(1) of the Establishment Order is hereby amended by the substitution of “31 st December, 2010” for “31 st December, 2008”.

(2) The following is substituted for sub-article (2) of article 4 of the Establishment Order—

“(2) The specific services to be provided by the Partnership shall be—

(i) to co-ordinate and promote, on behalf of the relevant designated bodies, the delivery of affordable housing development, or a mix of affordable and other types of housing, in the Greater Dublin Area, with particular reference to increasing supply in the Dublin Metropolitan Area;

(ii) to undertake, on behalf of the relevant designated bodies, a series of measures to bring forward land for housing development, within the Dublin Metropolitan Area, including the invitation and consideration of proposals from builders and/or developers for the utilisation of lands not currently zoned for housing but which may be suitable for development;

(iii) to co-ordinate and progress with relevant agencies infrastructural development necessary to support housing in the Greater Dublin Area;

(iv) to report on demand for housing and assess the levels of supply, with particular reference to the Greater Dublin Area;

(v) to develop and promote, on behalf of the designated bodies,—

(a) a communications strategy on affordable housing availability and development,

(b) a common approach to application systems for affordable housing, and

(c) a common approach to implementation of Part V of the Planning and Development Acts 2000 —2006; and

(vi) to undertake, at the request of the Minister, the project planning and procurement of affordable housing on State lands.”.

(3) The following sub-articles are inserted into article 4 of the Establishment Order—

“(4) In the provision of services specified in this article in respect of the Greater Dublin Area, activities undertaken by the Partnership may also extend to the area of a local authority contiguous to the Greater Dublin Area.

(5) For the purposes of the Partnership providing the services specified in this article, a designated body may provide information to the Partnership and the Partnership shall hold such information as if all statutory duties and obligations that applied to that designated body in the holding and utilising of that information applied to the Partnership.”.

Amendment of article 5 of the Establishment Order.

5. (1) The following is substituted for paragraph (c) of sub-article (2) of article 5 of the Establishment Order—

“(c) plan, procure and supervise contracts for affordable housing, or for a mix of affordable and other types of housing, on behalf of the designated bodies and article 4 shall be construed accordingly.”.

(2) The following is substituted for sub-article (3) of article 5 of the Establishment Order—

“(3) (a) The Partnership will not be responsible for the allocation of affordable homes, letting properties or ongoing maintenance, or such other functions which are assigned by legislation to designated bodies.

(b) Nothing in paragraph (a) shall prevent the Partnership from providing services to any of the designated bodies in support of any such designated body’s activities in relation to the invitation, acceptance and assessment of affordable housing applications.”.

Amendment of article 6 of the Establishment Order.

6. The following is substituted for sub-articles (1) and (2) of article 6 of the Establishment Order—

“(1) The business of the Partnership shall be conducted by a Board appointed by the Minister and comprising the following members—

(a) five persons including a chairperson appointed by the Minister;

(b) four persons nominated by the Minister drawn from the following: the manager of Dublin City Council, the county managers of the county councils of Dun Laoghaire-Rathdown, Fingal, South Dublin, Meath, Kildare and Wicklow;

(c) a manager of a city council or county council other than a manager in paragraph (b), nominated by the County and City Managers’ Association; and

(d) the Chief Executive Officer of the Partnership.

(2) Members of the Board shall hold office for the period up to and including the 31 st December, 2010.”.

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GIVEN under my Official Seal,

13 June 2007

DICK ROCHE.

Minister for the Environment, Heritage and Local Government.

The Minister for Finance hereby consents to the Affordable Homes Partnership (Establishment) Order, 2005 (Amendment) Order 2007.

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GIVEN under my Official Seal,

13 June 2007

BRIAN COWEN.

Minister for Finance.

EXPLANATORY NOTE

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

This Order, made under the Local Government Services (Corporate Bodies) Act 1971 , amends certain provisions of the Affordable Homes Partnership (Establishment) Order, 2005 ( S.I. No. 383 of 2005 ) which established a body, known as the Affordable Homes Partnership, to provide a range of services in relation to the coordination and promotion of the delivery of affordable housing.