- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As made)
Version Superseded: 27/09/2017
Point in time view as at 01/01/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Housing (Northern Ireland) Order 2003, Section 94.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
94.—(1) A person is eligible to participate in a group repair scheme if at the date of the approval of the scheme—
(a)he has an owner's interest in a dwelling or other premises comprised in a building to which the scheme relates, and
(b)as respects the dwelling or other premises in which he has an owner's interest he either—
(i)is able to give possession of any part of the building to which scheme works are proposed to be carried out, or
(ii)has the consent of the occupier of that part to the carrying out of those works.
In the case of a scheme not submitted for specific approval, the date of approval shall be taken to be the date on which the Executive decides that the scheme fulfils the criteria for general approval.
(2) A person eligible to participate in a group repair scheme may participate as an assisted participant—
(a)if the owner's interest which he has is an interest in a dwelling and he gives an owner-occupation certificate or a certificate of intended letting, or
(b)if the owner's interest which he has is an interest in a house in multiple occupation and he gives a certificate of future occupation.
This paragraph is subject to the exceptions specified in paragraph (7) or (8), or by order under paragraph (9).
(3) An “owner-occupation certificate” certifies that the person concerned—
(a)has an owner's interest in the dwelling, and
(b)intends that throughout the protected period he, or a member of his family, will live in the dwelling, as his (or that member's) only or main residence.
(4) A “certificate of intended letting” certifies that the person concerned—
(a)has an owner's interest in the dwelling, and
(b)intends that throughout the protected period the dwelling will be let or available for letting as a residence and not for a holiday to someone other than a member of his family.
In sub-paragraph (b) “letting” does not include letting on a long tenancy.
(5) In paragraph (4) references to letting include the grant of a licence to occupy premises.
References in this Chapter to tenants, and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.
(6) A “certificate of future occupation” certifies that the person concerned—
(a)has an owner's interest in the house, and
(b)intends that throughout the protected period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.
In sub-paragraph (b) “residential occupation” does not include occupation for a holiday and “tenancies” does not include a long tenancy.
(7) A registered housing association, which has an owner's interest in a dwelling or other premises comprised in a building to which a group repair scheme relates, is eligible to participate in the scheme, but only as an unassisted participant.
(8) The Executive may participate in a group repair scheme by including in the scheme a dwelling or other premises comprised in a building in which it has an owner's interest.
(9) The Department may by order exclude any person from participating in a group repair scheme as an assisted participant.
(10) An order under paragraph (9) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.
(11) A person eligible to participate in a group repair scheme who is unable to participate as an assisted participant may participate as an unassisted participant.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: