The Housing (Northern Ireland) Order 1992

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. General interpretation

3. PART II HOUSING ASSOCIATIONS

   1. 3. Part II: Interpretation

4. CHAPTER I FUNCTIONS OF HOUSING ASSOCIATIONS

   1. 4. Functions of the Department

   2. 5. Power of housing trusts to hold land

   3. 6. Borrowing by housing associations

   4. 7. Recovery of possession of premises let by a housing association

   5. 8. Rents

   6. 9. Tenancy agreements, etc.

   7. 10. Persons eligible for housing accommodation

   8. 11. Guidance as to management of accommodation by registered housing associations

   9. 12. Acquisition of land

   10. 13. Disposal of land, etc.

5. CHAPTER II REGISTRATION OF HOUSING ASSOCIATIONS

   1. 14. The register of housing associations

   2. 15. Eligibility for registration

   3. 16. Registration

   4. 17. Removal of societies from the register

   5. 18. Notifications to and by the registrar

   6. 19. Accounts and audit

   7. 20. Enforcement of Article 19

   8. 21. Power of Department to monitor housing associations

   9. 22. Tax relief grants

   10. 23. Inquiries into affairs of registered housing associations

   11. 24. Extraordinary audit for purposes of inquiry

   12. 25. Department’s power to act for protection of registered housing associations

   13. 26. Transfer of land of registered housing associations

   14. 27. Winding up of registered housing associations

   15. 28. Transfer of net assets on dissolution of registered housing associations

   16. 29. Restrictions on exercise of certain powers of registered housing associations

   17. 30. Payments by registered housing associations to members, etc.

   18. 31. Payments and grant of benefits by registered housing associations

   19. 32. Great Britain societies

6. CHAPTER III FINANCIAL ASSISTANCE FOR HOUSING ASSOCIATIONS

   1. 33. Housing association grants

   2. 34. Revenue deficit grants

   3. 35. Recovery, etc. of grants

   4. 36. Determinations under this Part

   5. 37. Surplus rental income

7. PART III GRANTS

   1. CHAPTER I GRANTS TOWARDS COST OF IMPROVEMENTS AND REPAIRS, ETC.

      1. Introductory

         1. 38. Interpretation of this Chapter

         2. 39. Grants for improvements and repairs

         3. 40. Applications for grants

      2. Preliminary conditions

         1. 41. The age of the property

         2. 42. The interest of the applicant in the property

         3. 43. Common parts grants: preliminary conditions

         4. 44. Certificate as to future occupation, etc.

      3. Restrictions on grant aid

         1. 45. Certain dwellings and works excluded from grant aid

         2. 46. Restriction on grants for works already begun

         3. 47. Owner-occupiers and tenants

         4. 48. Landlords

         5. 49. Tenants' common parts applications

      4. Approvals, notification and payment

         1. 50. Duty to approve applications to render certain dwellings fit for human habitation

         2. 51. Duty to approve applications arising out of certain statutory notices

         3. 52. Approval of applications to provide certain facilities for the disabled

         4. 53. Discretionary approval of certain applications

         5. 54. Approval and refusal of applications

         6. 55. Payment of grants

      5. Conditions of grants and repayments

         1. 56. Conditions as to completion of works

         2. 57. Condition as to availability for letting

         3. 58. Condition requiring repayment of grant in case of certain disposals where certificate of intended letting given

         4. 59. Condition requiring repayment of a grant in case of certain disposals where owner-occupation certificate given

         5. 60. Conditions relating to HMO grant

         6. 61. Condition requiring repayment of grant on certain disposals in case of landlord’s common parts application

         7. 62. Meaning of relevant disposal and exempt disposal for the purposes of Articles 58 to 61

         8. 63. Repayment of grant

         9. 64. Renovation grants relating to 2 or more dwellings

      6. Group repair schemes

         1. 65. Group repair schemes and persons eligible to participate

         2. 66. Qualifying buildings and external works, etc.

         3. 67. Contributions by participants and limitations on works

         4. 68. Payment of balance of costs in case of certain disposals

      7. Minor works

         1. 69. Assistance for provision of minor works to dwellings

      8. Supplementary provisions

         1. 70. Persons entitled to grants

         2. 71. Cases in which grants may be re-calculated, withheld or repaid

         3. 72. Power of Executive to carry out works which would attract grant

   2. CHAPTER II OTHER GRANTS TOWARDS THE REPLACEMENT AND REPAIR OF DWELLINGS

      1. 73. Replacement grants

      2. 74. Repairs grants towards costs of meeting certain statutory repairing obligations in respect of dwelling-houses

8. PART IV HOUSES IN MULTIPLE OCCUPATION

   1. 75. Meaning of “multiple occupation”

   2. 76. Overcrowding in houses in multiple occupation

   3. 77. Date of operation of notices

   4. 78. Regulations prescribing management code

   5. 79. Power to require work to make good neglect of proper standards of management

   6. 80. Power to require execution of works to render premises fit for number of occupants

   7. 81. Further provisions relating to overcrowded houses

   8. 82. Means of escape from fire

   9. 83. Right of appeal against notice requiring execution of works

   10. 84. Carrying out of works by the Executive

   11. 85. Directions to prevent or reduce overcrowding in houses in multiple occupation

   12. 86. Supplemental provisions

   13. 87. Penalty for failure to execute works

9. PART V AMENDMENTS OF THE ORDERS OF 1981, 1983 AND 1986

   1. CHAPTER I AMENDMENTS OF THE ORDER OF 1981

      1. 88. Power of Executive to make housing management scheme

      2. 89. Resettlement of undertakings

      3. 90. Clearance areas, etc.

      4. 91. Continuance of certain powers to deal with unoccupied premises

      5. 92. Further powers of the Executive in connection with acquisition and disposal of land

      6. 93. Compensation in respect of vesting orders, clearance orders, demolition orders and closing orders

      7. 94. Winding up of home purchase assistance scheme

      8. 95. Miscellaneous amendments of the Order of 1981

   2. CHAPTER II AMENDMENTS OF THE ORDER OF 1983

      1. 96. House sales scheme

   3. CHAPTER III AMENDMENTS OF THE ORDER OF 1986

      1. 97. Amendments relating to defective housing

10. PART VI PRIVATE SECTOR TENANTS

    1. 98. Regulated tenancy standards

    2. 99. Department’s power to remove tenancies from register of rents

    3. 100. Reduction of rent on failure to comply with certificate of disrepair

    4. 101. Service of documents under Rent (Northern Ireland) Order 1978

    5. 102. Other amendments of Rent (Northern Ireland) Order 1978

11. PART VII MISCELLANEOUS AND SUPPLEMENTARY

    1. Miscellaneous

       1. 103. Powers of Executive and Department as respects provision of services and assistance for owners and occupiers of houses

       2. 104. Service of certain documents

       3. 105. Repeal of Small Dwellings Acquisition Acts

    2. Supplementary

       1. 106. Orders and regulations

       2. 107. Minor and consequential amendments

       3. 108. Repeals, transitional provisions and savings

12. Signature

13. SCHEDULES

    1. SCHEDULE 1

       MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 12(3)

       1. 1. References to the Department or to the council shall be...

       2. 2. References to Schedule 6 to the Local Government Act (Northern...

       3. 3. Omit paragraph 1 of that Schedule.

       4. 4. In paragraph 2 of that Schedule— (a) for the words...

       5. 5. In paragraph 3(1)(b) for the words in brackets substitute “if...

       6. 6. In paragraph 4 omit the words from “and may provide”...

       7. 7. In paragraph 5— (a) in sub-paragraph (1)(a) omit the words...

       8. 8. In paragraph 6(2) for the words “fund out of which...

       9. 9. In paragraph 11(3) omit the words “in the prescribed form”....

       10. 10. In paragraph 12— (a) in sub-paragraph (1) omit the words...

       11. 11. In paragraph 14(1) omit the words “in the prescribed form”....

       12. 12. In paragraph 15(1) for the words “in the prescribed form”...

       13. 13. Omit paragraph 19.

       14. 14. Omit paragraph 20(2).

    2. SCHEDULE 2

       GRANT-AIDED LAND

       1. 1. For the purposes of Article 13 “grant-aided land” means land—...

       2. 2. The payments referred to in paragraph 1(a) are contributions which...

       3. 3. The loans referred to in paragraph 1(b) are—

    3. SCHEDULE 3

       PROVISIONS WITH RESPECT TO REPAIRS GRANTS UNDER ARTICLE 74

       1. 1. (1) No repairs grant shall be paid by the Executive...

       2. 2. (1) Subject to paragraphs (2) to (4), the Executive shall...

       3. 3. (1) Where the Executive approves an application for a repairs...

       4. 4. (1) In this Schedule “the appropriate percentage” (which is relevant...

       5. 5. If the Executive— (a) does not approve an application for...

    4. SCHEDULE 4

       HOUSES IN MULTIPLE OCCUPATION: MEANS OF ESCAPE FROM FIRE

       1. Exercise of powers of Executive

          1. 1. Subject to Article 80, if it appears to the Executive...

       2. Powers available to Executive

          1. 2. (1) The Executive may serve a notice on any person...

          2. 3. If it appears to the Executive that the means of...

          3. 4. The Executive may secure that part of the house is...

          4. 5. For the purpose of securing that a part of the...

          5. 6. If the Executive does not accept an undertaking under paragraph...

       3. Enforcement

          1. 7. Any person who, knowing that an undertaking has been accepted...

       4. Consultation with Fire Authority

          1. 8. The Executive shall, before serving a notice, accepting an undertaking...

       5. Exclusion of protection under Rent (Northern Ireland) Order 1978

          1. 9. Nothing in the Rent (Northern Ireland) Order 1978 shall prevent...

       6. Application of Chapter II of Part III of the Order of 1981

          1. 10. Chapter II of Part III of the Order of 1981...

       7. Matters requiring to be registered in the Statutory Charges Register

          1. 11. There shall be included in the matters which are required...

    5. SCHEDULE 5

       CHAPTER TO BE SUBSTITUTED FOR CHAPTER II OF PART III OF THE ORDER OF 1981

    6. SCHEDULE 6

       MISCELLANEOUS AMENDMENTS OF THE ORDER OF 1981

       1. Interpretation

          1. 1. In Article 2(2) (general interpretation) for the definition of “house...

       2. Housing management

          1. 2. In Article 22 (house allocation scheme) after paragraph (4) add...

       3. Provision of housing accommodation

          1. 3. In Article 31 (provision of houses for sale)—

       4. Re-development areas

          1. 4. In Article 47 (re-development areas), in paragraph (1) for sub-paragraph...

       5. Housing action areas

          1. 5. In Article 57 (provision, improvement, etc., of housing accommodation by...

          2. 6. In Article 58 (assistance for carrying out environmental works)—

       6. Land acquisition

          1. 7. In Article 87 (acquisition of land by the Executive), in...

          2. 8. In Article 161 (registration of certain matters as statutory charges),...

       7. Orders excluding buildings from a clearance area

          1. 9. In Part II of Schedule 4, in paragraph 15 (suspension...

    7. SCHEDULE 7

       AMENDMENTS OF THE RENT (NORTHERN IRELAND) ORDER 1978 (NI 20)

       1. 1. (1) In Article 3(2A) (definition of “unregistered housing association”) for...

       2. 2. In Article 25 (the register of rents) in paragraph (8)...

       3. 3. In Article 54 (unlawful eviction and harassment of occupier) after...

       4. 4. Schedule 3 shall be omitted.

       5. 5. In Part I of Schedule 4 (cases in which court...

    8. SCHEDULE 8

       MINOR AND CONSEQUENTIAL AMENDMENTS

       1. The Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

          1. 1. (1) In Schedule 11 (matters requiring to be registered in...

       2. The Income and Corporation Taxes Act 1970 (c. 10)

          1. 2. In section 342B (disposals by Northern Ireland housing associations)—

       3. The Land Acquisition and Compensation (Northern Ireland) Order 1973 (NI 21)

          1. 3. In Article 30(9) for the definition of “undertaking” substitute— “undertaking”...

       4. The Housing (Northern Ireland) Order 1983 (NI 15)

          1. 4. In Schedule 10 (amendments), in the amendments to the principal...

       5. The Income and Corporation Taxes Act 1988 (c. 1)

          1. 5. In section 488 (co-operative housing associations) in subsection (6) for...

       6. The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

          1. 6. In section 126(6) (arrangements for housing benefit), in the definition...

    9. SCHEDULE 9

       1. PART I REPEALS COMING INTO OPERATION UNDER ARTICLE 1(2)

       2. PART II REPEALS COMING INTO OPERATION ON A DAY TO BE APPOINTED UNDER ARTICLE 1(3)

14. Explanatory Note