Housing (Northern Ireland) Order 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1990 |
| Year | 1988 |
1988 No. 1990 (N.I. 23)
NORTHERN IRELAND
The Housing (Northern Ireland) Order 1988
Made 14th November 1988
Coming into operation in accordance with Article 1
At the Court at Buckingham Palace, the 14th day of November 1988
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 19741and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
INTRODUCTORY
Title and commencement
1.—(1) This Order may be cited as the Housing (Northern Ireland) Order 1988.
(2) The following provisions shall come into operation on such day or days as the Head of the Department may by order appoint—
(a)
(a) Part II;
(b)
(b) Article 32, in so far as it relates to the provision mentioned in sub-paragraph (d);
(c)
(c) Schedule 1; and
(d)
(d) in Schedule 3, paragraph (b) of the repeal relating to Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 19722.
(3) The other provisions of this Order shall come into operation on the expiration of 2 months from the day on which it is made.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 19543shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Department” means the Department of the Environment;
“the Executive” means the Northern Ireland Housing Executive;
“the Order of 1981” means the Housing (Northern Ireland) Order 19814;
“the Order of 1983” means the Housing (Northern Ireland) Order 19835;
“the Order of 1986” means the Housing (Northern Ireland) Order 19866.
PART II
HOUSING THE HOMELESS
Main definitions
Homelessness and threatened homelessness
3.—(1) A person is homeless if he has no accommodation in Northern Ireland.
(2) A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him—
(a)
(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or
(b)
(b) has an express or implied licence to occupy, or
(c)
(c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.
(3) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.
(4) Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in Northern Ireland.
(5) A person is also homeless if he has accommodation but—
(a)
(a) he cannot secure entry to it, or
(b)
(b) it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or
(c)
(c) it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted to place it and to reside in it.
(6) A person is threatened with homelessness if it is likely that he will become homeless within 28 days from the day on which he gives written notice to the Executive that he is threatened with homelessness.
Meaning of accommodation available for occupation
4. For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.
Priority need for accommodation
5.—(1) The following have a priority need for accommodation—
(a)
(a) a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;
(b)
(b) a person with whom dependent children reside or might reasonably be expected to reside;
(c)
(c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;
(d)
(d) a person who is homeless or threatened with homelessness as a result of an emergency such as a flood, fire or other disaster;
(e)
(e) a person without dependent children who satisfies the Executive that he has been subject to violence and is at risk of violent pursuit or, if he returns home, is at risk of further violence;
(f)
(f) a young person who satisfies the Executive that he is at risk of sexual or financial exploitation.
(2) In paragraph (1)( f) “young person” means a person who is over compulsory school age (within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 19867) and has not attained the age of 21 years.
(3) The Department may by order made subject to affirmative resolution—
(a)
(a) specify further descriptions of persons as having a priority need for accommodation, and
(b)
(b) amend or revoke any part of paragraph (1) or (2).
Becoming homeless intentionally
6.—(1) A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation, whether in Northern Ireland or elsewhere, which is available for his occupation and which it would have been reasonable for him to continue to occupy.
(2) A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.
(3) For the purposes of paragraph (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.
(4) Regard may be had, in determining whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in Northern Ireland.
Duties of the Executive with respect to homelessness and threatened homelessness
Inquiry into cases of possible homelessness or threatened homelessness
7.—(1) If—
(a)
(a) a person (an “applicant”) applies to the Executive for accommodation, or for assistance in obtaining accommodation, and
(b)
(b) the Executive has reason to believe that he may be homeless or threatened with homelessness,
it shall make such inquiries as are necessary to satisfy itself as to whether he is homeless or threatened with homelessness.
(2) If the Executive is so satisfied it shall make any further inquiries necessary to satisfy itself as to—
(a)
(a) whether the applicant has a priority need, and
(b)
(b) whether he became homeless or threatened with homelessness intentionally.
Interim duty to accommodate in case of apparent priority need
8. If the Executive has reason to believe that an applicant may be homeless and have a priority need, it shall secure that accommodation is made available for his occupation pending a decision as a result of its inquiries under Article 7.
Notification of decision and reasons
9.—(1) On completing its inquiries under Article 7, the Executive shall notify the applicant of its decision on the question whether he is homeless or threatened with homelessness.
(2) If the Executive notifies the applicant that its decision is that he is homeless or threatened with homelessness, it shall at the same time notify him of its decision on the question whether he has a priority need.
(3) If the Executive notifies the applicant that its decision is that he has a priority need, it shall at the same time notify him of its decision whether he became homeless or threatened with homelessness intentionally.
(4) If the Executive notifies the applicant—
(a)
(a) that it is not satisfied that he is homeless or threatened with homelessness, or
(b)
(b) that it is not satisfied that he has a priority need, or
(c)
(c) that it is satisfied that he became homeless or threatened with homelessness intentionally,
it shall at the same time notify him of its reasons.
(5) The notice required to be given to a person under this Article shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available for a reasonable period at the office of the Executive to which he applied, for collection by him or on his behalf.
Duties to persons found to be homeless
10.—(1) This Article has effect as regards the duties owed by the Executive to an applicant where it is satisfied that he is homeless.
(2) Where the Executive is satisfied that the applicant has a priority need and is not satisfied that he became homeless intentionally, it shall secure that accommodation becomes available for his occupation.
(3) Where the Executive is satisfied that the applicant has a priority need but is also satisfied that he became...
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