Sections of the Legislation

The Housing (Regulation of Approved Housing Bodies) Act 2019 contains 70 Sections split into 9 Parts, together with 1 Schedule. Each Part and section sets out the provisions of the legislation and related matters. These are outlined below.

Part I
Preliminary and General
(Sections 1 to 6)
Part 1 provides standard legislative provisions in relation to such matters as construction, commencement, collective citation and interpretation and other technical matters.
Part II
Approved Housing Body Regulatory Authority
(Sections 7 to 25)
Part 2 provides for the establishment of the AHBRA and sets out the functions and the organisational structure of the AHBRA, the appointment of chief executive, staff, preparation of a strategy statement and other related matters.
Part III
Regulation of AHBs
(Sections 26 to 38)
Part 3 provides for the regulation of AHBs. It includes chapters on registration procedures for AHBs and their entry onto the register, the drafting and approval of standards and the powers of the regulator to request information and records.
Part IV
Standards Assessment and Compliance Plans
(sections 39 to 44)
Part 4 provides the AHBRA with the powers to monitor compliance by AHBs with the standards. It includes procedures for non-compliance.
Part V
Investigation
(Sections 45 to 53)
Part 5 provides the AHBRA with the powers to appoint inspectors and undertake investigations into the affairs and performance of AHBs. It also sets out the powers of the inspectors and the mechanism for the production of inspectors’ reports.
Part VI
Intervention
(Sections 54 to 61)
Part 6 provides for intervention powers to be afforded to the AHBRA, in respect of assets of an AHB. It includes protection of tenants, transfer of certain dwellings, legal provisions and the cancellation of registration.
Part VII
Appeals
(Sections 62 to 65)
Part 7 provides for an AHB to submit appeals to an Appeals Panel where the Regulator exercises its powers in relation to compliance plans or registration.
Part VIII
Miscellaneous
(section 66)
Part 8 prohibits the unauthorised disclosure of confidential information. It makes it an offence for a member of the Regulator, staff member, inspector, adviser or any other person engaged under contract with the AHBRA to disclose confidential information acquired during the course of performing their duties unless they are required to do so by law or with the AHBRA’s permission.

It does not prevent the disclosure of such information to the AHBRA or a Minister of the Government by or on behalf of the AHBRA or in compliance with provisions of the Act.

Part IX
Consequential Amendments and Transitional Provisions
(Section 67 -70)
Part 9 of the Bill provides for the consequential amendments to the Housing (Miscellaneous Provisions) Act, 1992, and the construction of certain references in other Acts or instruments made under other Acts.

It also allows for certain assistance under section 6 of the Act of 1992 to be continued on cancellation of a registration on specified grounds.

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