Housing (Northern Ireland) Order 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/1725 |
| Year | 1992 |
1992No. 1725
NORTHERN IRELAND
The Housing (Northern Ireland) Order 1992
15thJuly1992
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
Article
1. Title and commencement.
2. General interpretation.
PART II
HOUSING ASSOCIATIONS
3. Part II: Interpretation.
CHAPTER I
FUNCTIONS OF HOUSING ASSOCIATIONS
4. Functions of the Department.
5. Power of housing trusts to hold land.
6. Borrowing by housing associations.
7. Recovery of possession of premises let by a housing association.
8. Rents.
9. Tenancy agreements, etc.
10. Persons eligible for housing accommodation.
11. Guidance as to management of accommodation by registered housing associations.
12. Acquisition of land.
13. Disposal of land, etc.
CHAPTER II
REGISTRATION OF HOUSING ASSOCIATIONS
14. The register of housing associations.
15. Eligibility for registration.
16. Registration.
17. Removal of societies from the register.
18. Notifications to and by the registrar.
19. Accounts and audit.
20. Enforcement of Article 19.
21. Power of Department to monitor housing associations.
22. Tax relief grants.
23. Inquiries into affairs of registered housing associations.
24. Extraordinary audit for purposes of inquiry.
25. Department's power to act for protection of registered housing associations.
26. Transfer of land of registered housing associations.
27. Winding up of registered housing associations.
28. Transfer of net assets on dissolution of registered housing associations.
29. Restrictions on exercise of certain powers of registered housing associations.
30. Payments by registered housing associations to members, etc.
31. Payments and grant of benefits by registered housing associations.
32. Great Britain societies.
CHAPTER III
FINANCIAL ASSISTANCE FOR HOUSING ASSOCIATIONS
33. Housing association grants.
34. Revenue deficit grants.
35. Recovery, etc. of grants.
36. Determinations under this Part.
37. Surplus rental income.
PART III
GRANTS
CHAPTER I
GRANTS TOWARDS COST OF IMPROVEMENTS AND REPAIRS, ETC.
Introductory
38. Interpretation of this Chapter.
39. Grants for improvements and repairs.
40. Applications for grants.
Preliminary conditions
41. The age of the property.
42. The interest of the applicant in the property.
43. Common parts grants: preliminary conditions.
44. Certificate as to future occupation, etc.
Restrictions on grant aid
45. Certain dwellings and works excluded from grant aid.
46. Restriction on grants for works already begun.
47. Owner-occupiers and tenants.
48. Landlords.
49. Tenants' common parts applications.
Approvals, notification and payment
50. Duty to approve applications to render certain dwellings fit for human habitation.
51. Duty to approve applications arising out of certain statutory notices.
52. Approval of applications to provide certain facilities for the disabled.
53. Discretionary approval of certain applications.
54. Approval and refusal of applications.
55. Payment of grants.
Conditions of grants and repayments
56. Conditions as to completion of works.
57. Condition as to availability for letting.
58. Condition requiring repayment of grant in case of certain disposals where certificate of intended letting given.
59. Condition requiring repayment of grant in case of certain disposals where owner-occupation certificate given.
60. Conditions relating to HMO grant.
61. Condition requiring repayment of grant on certain disposals in case of landlord's common parts application.
62. Meaning of relevant disposal and exempt disposal for the purposes of Articles 58 to 61.
63. Repayment of grant.
64. Renovation grants relating to 2 or more dwellings.
Group repair schemes
65. Group repair schemes and persons eligible to participate.
66. Qualifying buildings and external works, etc.
67. Contributions by participants and limitations on works.
68. Payment of balance of costs in case of certain disposals.
Minor works
69. Assistance for provision of minor works to dwellings.
Supplementary provisions
70. Persons entitled to grants.
71. Cases in which grants may be re-calculated, withheld or repaid.
72. Power of Executive to carry out works which would attract grant.
CHAPTER II
OTHER GRANTS TOWARDS THE REPLACEMENT AND REPAIR OF DWELLINGS
73. Replacement grants.
74. Repairs grants towards costs of meeting certain statutory repairing obligations in respect of dwelling-houses.
PART IV
HOUSES IN MULTIPLE OCCUPATION
75. Meaning of "multiple occupation" .
76. Overcrowding in houses in multiple occupation.
77. Date of operation of notices.
78. Regulations prescribing management code.
79. Power to require work to make good neglect of proper standards of management.
80. Power to require execution of works to render premises fit for number of occupants.
81. Further provisions relating to overcrowded houses.
82. Means of escape from fire.
83. Right of appeal against notice requiring execution of works.
84. Carrying out of works by the Executive.
85. Directions to prevent or reduce overcrowding in houses in multiple occupation.
86. Supplemental provisions.
87. Penalty for failure to execute works.
PART V
AMENDMENTS OF THE ORDERS OF 1981, 1983 AND 1986
CHAPTER I
AMENDMENTS OF THE ORDER OF 1981
88. Power of Executive to make housing management scheme.
89. Resettlement of undertakings.
90. Clearance areas, etc.
91. Continuance of certain powers to deal with unoccupied premises.
92. Further powers of the Executive in connection with acquisition and disposal of land.
93. Compensation in respect of vesting orders, clearance orders, demolition orders and closing orders.
94. Winding up of home purchase assistance scheme.
95. Miscellaneous amendments of the Order of 1981.
CHAPTER II
AMENDMENTS OF THE ORDER OF 1983
96. House sales scheme.
CHAPTER III
AMENDMENTS OF THE ORDER OF 1986
97. Amendments relating to defective housing.
PART VI
PRIVATE SECTOR TENANTS
98. Regulated tenancy standards.
99. Department's power to remove tenancies from register of rents.
100. Reduction of rent on failure to comply with certificate of disrepair.
101. Service of documents under Rent (Northern Ireland) Order 1978.
102. Other amendments of Rent (Northern Ireland) Order 1978.
PART VII
MISCELLANEOUS AND SUPPLEMENTARY
Miscellaneous
103. Powers of Executive and Department as respects provision of services and assistance for owners and occupiers of houses.
104. Service of certain documents.
105. Repeal of Small Dwellings Acquisition Acts.
Supplementary
106. Orders and regulations.
107. Minor and consequential amendments.
108. Repeals, transitional provisions and savings.
Schedule 1- |
Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 1972 for the purposes of Article 12(3). |
|
Schedule 2- |
Grant-aided land. |
|
Schedule 3- |
Provisions with respect to repairs grants under Article 74. |
|
Schedule 4- |
Houses in multiple occupation: means of escape from fire. |
|
Schedule 5- |
Chapter to be substituted for Chapter II of Part III of the Order of 1981. |
|
Schedule 6- |
Miscellaneous amendments of the Order of 1981. |
|
Schedule 7- |
Amendments of the Rent (Northern Ireland) Order 1978. |
|
Schedule 8- |
Minor and consequential amendments. |
|
Schedule 9- |
Repeals. |
Part I- |
Repeals coming into operation under Article 1(2). |
|
Part II- |
Repeals coming into operation on a day to be appointed under Article 1(3). |
At the Court at Buckingham Palace, the 15th day of July 1992
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 1974 ( a)and 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 1992.
(2) Subject to paragraph (3), this Order shall come into operation on the expiration of 2 months from the day on which it is made.
(3) Part III, Schedule 3 and Part II of Schedule 9 (and Article 108(1) in so far as it relates to that Part of that Schedule) shall come into operation on such day as the Head of the Department may by order appoint.
(4) The following Orders-
(a) the Housing (Northern Ireland) Order 1981 ( b) ;(b) the Housing (Northern Ireland) Order 1983 ( c) ;(c) the Housing (Northern Ireland) Order 1986 ( d) ;(d) the Housing (Northern Ireland) Order 1988 ( e) ; and(e) this Order,may be cited together as the Housing (Northern Ireland) Orders 1981 to 1992.
General interpretation
2.-(1) The Interpretation Act (Northern Ireland) 1954 ( f) shall 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 1981;
"the Order of 1983" means the Housing (Northern Ireland) Order 1983;
"the Order of 1986" means the Housing (Northern Ireland) Order 1986;
"the Order of 1988" means the Housing (Northern Ireland) Order 1988; and
"prescribe" means prescribe by regulations made by the Department.
(a) 1974 c. 28
(b) 1981 NI 3
(c) 1983 NI 15
(d) 1986 NI 13
(e) 1988 NI 23
(f) 1954 c. 33 (N.I.)
(3) Expressions used in this Order and defined in the Order of 1981 or the Order of 1983 shall, unless the context otherwise requires, have the meanings given in the Order of 1981 or the Order of 1983, as the case may be.
PART II
HOUSING ASSOCIATIONS
Part II: Interpretation
3. In this Part-
"the Act of 1969" means the Industrial and Provident Societies Act (Northern Ireland) 1969 ( a) ;
"charity" has the same meaning as in the Charities Act (Northern Ireland) 1964 ( b) ;
"committee" has the same meaning as in section 101(1) of the Act of 1969;
"company" means a company incorporated under the Companies...
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