Act No. 61 / 2005 Coll.
Act amending Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended
Valid
Effective from 08.02.2005
61
THE LAW
of 6 January 2005
amending Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in respect of transfers of State property to other persons and on the National Property Fund of the Czech Republic, as amended, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended by Act No. 391 / 2002 Coll. and Act No. 482 / 2004 Coll., is amended as follows:
1. In Section 1, at the end of paragraph 1, the words "in accordance with the concept of housing policy approved by the Government of the Czech Republic 'are added.
2. In Paragraph 1, at the end of paragraph 2, the words "under the responsibility of the Ministry of Local Development (" the Ministry ')' shall be added.
3. in Article 2 (1) (e):
"(e) interest on deposits, periodic penalty payments, claims and other payments received in connection with the use of the Fund ';
4. In Paragraph 2 (1) (g), the words "from pre-entry and 'are replaced by the words" z'.
5. in Article 2 (1), the following points (h) and (i) are inserted after point (g):
"(h) loans and loans received,
(i) instalments of State loans granted to municipal funds for the repair, modernisation and extension of the housing fund; ';
Point (h) shall be renumbered as point (j).
6. Paragraph 2 (2) reads as follows:
"(2) Bonds issued to secure the revenue of the Fund shall be issued in accordance with special legislation.1) '.
7. Paragraph 3, including the title and footnote 2, reads as follows:
Use of the Fund
(1) Funds concentrated in the Fund can only be used in the Czech Republic
(a) to cover part of the costs associated with the construction, acquisition, repair and modernisation of apartments, residential and family houses by credit;
(b) to cover part of the interest on loans granted by banks or branches of foreign banks to natural and legal persons for the construction, acquisition, repair and modernisation of apartments, residential and family houses;
(c) to cover part of the costs associated with the construction, acquisition, repair or modernisation of flats, housing and family houses in the form of grants;
(d) liable for part of the outstanding principal of loans granted by banks or branches of foreign banks to natural and legal persons
1. the construction, acquisition, repair and modernisation of apartments, residential and family houses,
2. the construction of infrastructure by municipalities for residential construction,
(e) to cover part of the costs associated with the purchase or acquisition of land or corresponding parts of land which are purchased or acquired together with the occupied dwellings, housing or family houses by way of credit or by way of covering part of the interest on the loan;
(f) to cover part of the remuneration in the form of credit for the purpose of acquiring the members' rights and obligations in the cooperative, or for the purpose of acquiring a share in a legal person, if the participant becomes the tenant of the apartment, or if the other right of use of the apartment in the house or family home is owned by the legal person concerned by the acquisition of the members' rights and obligations or the acquisition of the holding;
(g) to cover part of the costs associated with the acquisition of the apartment by credit.
(2) The funds concentrated in the Fund may also be used:
(a) to purchase mortgage bonds;
(b) purchase of bonds issued by the Czech National Bank;
(c) to purchase government bonds;
(d) to cover liability obligations under paragraph 1 (d);
(e) to cover liabilities arising from bonds issued;
(f) to cover the costs of managing the Fund;
(g) to cover the costs of providing the funds referred to in paragraph 1;
(h) to cover the costs of supporting housing information and advisory activities;
(i) to purchase bonds issued by Member States of the European Union or by other States constituting the European Economic Area, Member States of the Organisation for Economic Cooperation and Development, securities and bonds issued by central banks of those States and bonds issued by the European Investment Bank.
(3) Activities relating to the function of the Fund under paragraph 1 (a), (b) and (d) may be entrusted by the Fund to another legal person by means of a selection procedure issued under a special legislature2).
(4) The Fund shall conclude a contract with the beneficiaries of the Fund to provide the funds referred to in paragraph 1.
(5) In the context of the grant of the Fund referred to in paragraph 1, the Fund shall require the natural or legal person requesting the grant of the Fund to provide the information and supporting documents necessary to assess its ability to use the funds economically for the purpose for which they are to be provided.
(6) The Fund's assets may not fall below CZK 6 billion in the fund's economy. The balance of the Fund's funds shall be transferred to the following calendar year at the end of the calendar year.
(7) There is no legal right to grant the Fund.
2) Act No. 40 / 2004 Coll., on Public Procurement, as amended. '
8. The following Section 3a is inserted after Section 3, including the title and footnote 2b:
Creation and use of funds of the cultural and social needs fund
The Fund may set up a fund of cultural and social needs, the production and management of which shall be subject mutatis mutandis to the provisions of special legislation2b.
2b) Decree No. 114 / 2002 Coll., on the Fund of Cultural and Social Needs, as amended by Decree No. 510 / 2002 Coll. '.
9. In Article 4 (2), the words "relations between its institutions' shall be inserted after the words" on the activities of the Fund '.
10. In Paragraph 4, the following paragraph 3 is inserted after paragraph 2:
"(3) In assessing local and regional needs to promote investment in housing, the Fund's authorities shall cooperate with the local and regional authorities. ';
Paragraph 3 shall become paragraph 4.
11. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(2) If the budget of the Fund is not approved by the Chamber of Deputies for the relevant calendar year before the first day of that calendar year, its budget management shall be governed by the volume and breakdown of the revenue and expenditure of the Fund's budget for the preceding year from the first day of that calendar year until the approval of the budget for that year. Expenditure in this period shall be made available under the various headings of the Fund's budget of one twelfth of the total annual amount for each month of that period. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
12. in Article 5, the following paragraph 6 is added:
"(6) In case of urgent need, the Committee on Public Administration, Regional Development and the Environment of the Chamber of Deputies, acting on a proposal from the Minister, may discuss and approve the necessary transfers between the various budget headings of the Fund during the calendar year. '
13. in Article 7 (3), the words "for local development" shall be deleted;
14.
The Government shall, by regulation, lay down the conditions for the use of funds for the purposes referred to in Articles 3 (1) and 3 (2) (d) and (f), the conditions for the granting of funds may include, in particular, targeting young people, households with lower incomes, persons disadvantaged in access to housing or persons at risk of social exclusion. '
The Minister for Local Development shall submit to the Government for approval within 3 months of the date of entry into force of this Act a draft of the Statute of the State Housing Development Fund drawn up in accordance with this Act.
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 61 / 2005 Coll., amending Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2005 |
|---|---|
| Effective from | 08.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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