The Housing (Northern Ireland) Order 2003 No. 412 (NI. 2)

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Housing (Northern Ireland) Order 2003.

(2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.

(3) The other provisions of this Order shall come into operation on such day or days as the Department may by order appointF1 .

(4) The Department may by order under paragraph (3) make such transitional provision and savings as appear to it to be appropriate in connection with the coming into operation of any provision of this Order.

(5) The following Orders—

(a) the Housing (Northern Ireland) Order 1981 (NI 3);

(b) the Housing (Northern Ireland) Order 1983 (NI 15);

(c) the Housing (Northern Ireland) Order 1986 (NI 13);

(d) the Housing (Northern Ireland) Order 1988 (NI 23);

(e) the Housing (Northern Ireland) Order 1992 (NI 15); and

(f) this Order,

may be cited together as the Housing (Northern Ireland) Orders 1981 to 2003.

F1 partly exercised by SR 2003/270, 528; 2004/343

General interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

• [F2 the Act of 2016” means the Houses in Multiple Occupation Act (Northern Ireland) 2016;]

• “the Department” means the Department for Social Development;

• “the Executive” means the Northern Ireland Housing Executive;

• “the Order of 1981” means the Housing (Northern Ireland) Order 1981 (NI 3);

• “the Order of 1983” means the Housing (Northern Ireland) Order 1983 (NI 15);

• “the Order of 1986” means the Housing (Northern Ireland) Order 1986 (NI 13);

• “the Order of 1988” means the Housing (Northern Ireland) Order 1988 (NI 23);

• “the Order of 1992” means the Housing (Northern Ireland) Order 1992 (NI 15);

• “prescribed” means prescribed by regulations made by the Department;

• “protected tenancy” has the meaning given in Article 3(1) of the Rent (Northern Ireland) Order 1978 (NI 20);

• “registered housing association” means a housing association which is registered under Part II of the Order of 1992;

• “secure tenancy” has the meaning given in Article 25 of the Order of 1983;

• “secure tenant” has the meaning given in Article 24 of the Order of 1983;

• “statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

• “statutory tenancy” has the meaning given in Article 4(5) of the Rent (Northern Ireland) Order 1978.

F2 Words in art. 2(2) inserted (1.4.2019) by Houses in Multiple Occupation Act (Northern Ireland) 2016 (c. 22), s. 90(2), Sch. 7 para. 5; S.R. 2019/39, art. 2 (with art. 3)

Members of a person's family N.I.

3.—(1) For the purposes of this Order a person is a member of another's family if—

(a) he is the spouse[F3 or civil partner] of that person, or he and that person live together as husband and wife[F3 or as if they were civil partners], or

(b) he is that person's parent, grandparent, child, grandchild, brother or sister.

(2) For the purpose of paragraph (1)(b)—

(a) a relationship by marriage[F3 or civil partnership] shall be treated as a relationship by blood,

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood, and

(c) the stepchild of a person shall be treated as his child.

F3 2004 c. 33