2003 No. 270 (C. 20)

HOUSING

The Housing (2003 Order) (Commencement No. 1) Order (Northern Ireland) 2003

Made

The Department for Social Development, in exercise of the powers conferred on it by Article 1(3) of the Housing (Northern Ireland) Order 20031 and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Housing (2003 Order) (Commencement No. 1) Order (Northern Ireland) 2003.

2

In this Order “the 2003 Order” means the Housing (Northern Ireland) Order 2003.

Appointed days2

1

The provisions of the 2003 Order specified in Schedule 1 shall come into operation on 1st June 2003.

2

Article 121 of, and Schedule 1 to, the 2003 Order (Transfer of duty to keep register of rents) shall come into operation on 1st July 2003.

3

For the purposes only of making Regulations, Rules and Orders the provisions of the 2003 Order specified in Schedule 2 shall come into operation on 1st September 2003 and for all other purposes shall come into operation on 1st November 2003.

4

For the purposes only of making Regulations and Orders, and giving Directions and Guidance the provisions of the 2003 Order specified in Schedule 3 shall come into operation on 1st October 2003 and for all other purposes shall come into operation on 1st December 2003.

Sealed with the Official Seal of the Department for Social Development on 13th May 2003.

David M. CrothersA Senior Officer of theDepartment for Social Development

SCHEDULE 1THE PROVISIONS OF THE 2003 ORDER SPECIFIED IN THIS SCHEDULE SHALL COME INTO OPERATION ON 1ST JUNE 2003

Article 2(1)

Provisions

Subject Matter of Provisions

Article 126

Acquisition of Land by the Executive for amenity purposes

Article 127

Termination of home insulation schemes

Article 128

Disposal of houses let by the Executive to secure tenants

Article 129

Increase of penalty for obstruction of an authorised officer

Article 130

Membership of the Executive

Article 132

Tenant’s improvements

Article 133

Right of secure tenants of the Executive to have repairs carried out

Article 134(1) to (3)

Tenancies which are not secure tenancies

Article 138

Emergency grants

Article 139

Realisation of value of Department’s loans portfolio

Article 140

Rent for housing accommodation provided by registered housing associations

Article 141

Disposal of land by registered housing associations

Article 145

Service of certain documents

Article 149 and Schedule 5 in so far as they apply to –

  1. i

    Chapter II of Part IV and Article 88C of the Housing (Northern Ireland) Order 19812;

  2. ii

    Article 39 of the Housing (Northern Ireland) Order 19863;

  3. iii

    Article 104 of the Housing (Northern Ireland) Order 19924.

Repeals

SCHEDULE 2THE PROVISIONS OF THE 2003 ORDER SPECIFIED IN THIS SCHEDULE SHALL COME INTO OPERATION ON 1ST SEPTEMBER 2003 FOR THE PURPOSES ONLY OF MAKING REGULATIONS, RULES AND ORDERS AND ON 1ST NOVEMBER 2003 FOR ALL OTHER PURPOSES

Article 2(3)

Provisions

Subject Matter of Provisions

Article 3

Members of a person’s family

Articles 4 & 5

Introductory

Articles 6 to 21

Introductory Tenancies

Articles 22 to 25

Repossession, &C. of dwelling houses let under secure tenancies

Articles 26 & 27

Injunctions against anti-social behaviour

Article 123

Interpretation of Order of 1981

Article 124

Allocation of housing accommodation

Article 134(4)

Qualifying shorthold tenancies

Article 135

Definition of “homelessness”

Article 136

Becoming homeless intentionally

Article 137

Eligibility for housing assistance

Article 147(1) in so far as it applies to the paragraphs in Schedule 4 specified below

Minor and consequential amendments

Article 147(2)

Power to make amendments or repeals

Article 148

Orders and Regulations

In Schedule 4 –

  1. i

    paragraph 5;

  2. ii

    paragraph 6;

  3. iii

    paragraph 7;

  4. iv

    paragraph 8;

  5. v

    paragraph 9.

Minor and consequential amendments

Article 149 and Schedule 5 in so far as they apply to –

  • Article 29(1) of the Housing (Northern Ireland) Order 19835.

Repeals

SCHEDULE 3THE PROVISIONS OF THE 2003 ORDER SPECIFIED IN THIS SCHEDULE SHALL COME INTO OPERATION ON 1ST OCTOBER 2003 FOR THE PURPOSES ONLY OF MAKING REGULATIONS AND ORDERS, AND GIVING DIRECTIONS AND GUIDANCE AND ON 1ST DECEMBER 2003 FOR ALL OTHER PURPOSES

Article 2(4)

Provisions

Subject Matter of Provisions

Articles 28 to 120

Grants &c. for renewal of private sector housing

Article 125

Caravan sites for members of the Irish Traveller community

Article 142

Repairs grants

Article 143

Amendment of definition of “multiple occupation”

Article 147 (1) in so far as it applies to the paragraphs in Schedule 4 specified below

Minor and consequential amendments

Article 149 in so far as it applies to the provisions in Schedule 5 specified below

Repeals

Schedule 2

Transfer to the Executive of Travellers' caravan sites

In Schedule 4 –

  1. i

    paragraph 1;

  2. ii

    paragraph 2;

  3. iii

    paragraph 3;

  4. iv

    paragraph 4;

  5. v

    paragraph 10;

  6. vi

    paragraph 11;

  7. vii

    paragraph 12.

Minor and consequential amendments

In Schedule 5 –

  1. i

    Articles 2(4) and (5) and 58(1)(a) of the Housing (Northern Ireland) Order 1981;

  2. ii

    Part IV of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 19856;

  3. iii

    Part III Chapter I, Article 73(5) of and paragraph 6(a) of Schedule 6 to the Housing (Northern Ireland) Order 1992;

  4. iv

    Paragraph 187 of Schedule 9 to the Children (Northern Ireland) Order 19957;

  5. v

    The Local Government (Amendment) (Northern Ireland) Order 19988.

Repeals

(This note is not part of the Order.)

This Order provides for the coming into operation of provisions of the Housing (Northern Ireland) Order 2003 (the 2003 Order) as follows –

1st June 2003 for the provisions set out in Schedule 1 which primarily either give statutory effect to existing administrative arrangements or make minor changes to existing legislative provisions;

1st July 2003 for Article 121 of, and Schedule 1 to, the 2003 Order which transfers the functions of the Department relating to the maintenance of the rent register to the Housing Executive;

1st September 2003 for the provisions set out in Schedule 2 (which relate to introductory tenancies, repossession, injunctions against anti-social behaviour, homelessness, and qualifying shorthold tenancies) for the purposes only of making Regulations, Rules and Orders and 1st November 2003 for all other purposes;

1st October 2003 for the provisions set out in Schedule 3 (which provide for the provision of grant-aid to the private sector in respect of unfit houses or those which need adaptation to suit the needs of the disabled occupant, group repair and for the Housing Executive to take responsibility for the provision of caravan sites for Irish Travellers) for the purposes only of making Regulations and Orders and giving Directions and Guidance and 1st December 2003 for all other purposes.