PART 15N.I.Enforcement

Authorisations by Housing ExecutiveN.I.

46.—(1) An individual who for the time being has the authorisation of the Executive for the purposes of this Part, (“a Housing Executive authorisation”) shall be entitled, for any one or more of the purposes mentioned in paragraph (2), to exercise any of the powers which, subject to paragraph (7), are conferred on an authorised officer by regulation 45 (power to require information).

(2) Those purposes are—

(a)ascertaining in relation to any case whether rate relief is or was payable in that case;

(b)ascertaining whether provisions of the principal Order that relate to rate relief are being, have been or are likely to be contravened (whether by particular persons or more generally);

(c)preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of rate relief offences.

(3) An individual has the authorisation of the Executive, for the purposes of this Part, if, and only if, the Executive has granted him an authorisation for those purposes and he is—

(a)an individual employed by the Executive;

(b)an individual authorised to carry out functions of the Executive relating to rate relief; or

(c)an official of a government department.

(4) Regulation 44(4) shall apply in relation to a Housing Executive authorisation as it applies in relation to an authorisation under regulation 44.

(5) A Housing Executive authorisation may be withdrawn at any time by the Executive or by the Department.

(6) It shall be the duty of the Executive to comply with any directions of the Department as to—

(a)whether or not Housing Executive authorisations are to be granted by the Executive;

(b)the period for which authorisations granted by the Executive are to have effect;

(c)the number of persons who may be granted authorisations by the Executive at any one time; and

(d)the restrictions to be contained by virtue of subsection (4) above in the authorisations granted by the Executive for those purposes.

(7) The powers conferred by regulation 45 shall have effect in the case of an individual who is an authorised officer by virtue of this regulation as if regulation 45 had effect—

(a)with the substitution for every reference to the purposes mentioned in regulation 44(2) of a reference to the purposes mentioned in paragraph (2); and

(b)with the substitution for every reference to the principal Order of a reference to so much of it as relates to rate relief.

Commencement Information

I1Reg. 46 in operation at 1.4.2007, see reg. 1(1)