Seanad debates
Tuesday, 1 June 2010
Multi-Unit Developments Bill 2009: Report and Final Stages
4:00 pm
Eugene Regan (Fine Gael)
I move amendment No. 7:
In page, 6, line 29, before "person" to insert "developer or any other".
This is an amendment which I believe has been discussed previously. It simply suggests that instead of "A person to whom this section applies", the Bill should specifically refer to the developer. I am still at a loss as to what other person this section may apply to. The Minister, on Committee Stage, indicated that subsection (2) covers the issue. That section applies to "(a) a unit which has not previously been sold" and "(b) a person". I am not sure that the definition and the person to whom the section applies is clear. It seems to me it is a developer, which term is defined in section 2. Subsection (5) states: "The developer shall ensure", which highlights the fact that it is, in fact, the developer we are talking about in this section. I wonder whether the language is quite coherent and if it would not be more appropriate in section 3(1) simply to refer to a developer.
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