Social Security Administration (Northern Ireland) Act 1992

[F1 128G Enforcement determinations. N.I.

(1) Where, after the time specified in the notice under section 128F above has expired, the Department—

(a) is not satisfied that the Housing Executive has attained the standards [F2 or taken the action] in question; or

(b) is not satisfied that the Executive is likely to attain those standards [F3 or take that action] within the time specified in the directions,

the Department may make a determination under this section.

(2) The determination may be made whether or not the Housing Executive has responded to the notice under section 128F above.

(3) The determination shall be designed to secure the attainment of the standards [F4 or the taking of the action] in question and—

(a) shall include provision such as is specified in subsection (4) below; and

(b) may also include provision such as is specified in subsection (5) below.

(4) The provision referred to in paragraph (a) of subsection (3) above is provision that the Housing Executive must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which—

(a) falls to be carried out in pursuance of the Executive’s functions relating to the administration of housing benefit; and

(b) is of a description specified in the determination.

(5) The provision referred to in paragraph (b) of that subsection is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates—

(a) provision that it may not be carried out by the Housing Executive;

(b) provision that it may not be carried out by any person (other than the Executive) who has been carrying it out; and

(c) provision that any contract made by the Executive with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards [F5 or the taking of the action] in question.]

Textual Amendments

F1 Ss.128E-128H inserted (1.7.1997) by S.I. 1997/1182 (N.I. 11), art. 9; S.R. 1997/316, art. 2, Sch.

F2 Words in s. 128G(1)(a) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(2)(a); S.R. 2008/147, art. 2(c)

F3 Words in s. 128G(1)(b) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(2)(b); S.R. 2008/147, art. 2(c)

F4 Words in s. 128G(3) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(3); S.R. 2008/147, art. 2(c)

F5 Words in s. 128G(5)(c) inserted (1.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 5 para. 4(3); S.R. 2008/147, art. 2(c)