The Housing (Northern Ireland) Order 1992

• Citation: S.I. 1992/1725 (N.I.)
• Sections: 124

Section 1 Title and commencement

(1) This Order may be cited as the Housing (Northern Ireland) Order 1992.

(2) Subject to paragraph (3), this Order shall come into operation on the expiration of 2 months from the day on which it is made.

(3) Part III, Schedule 3 and Part II of Schedule 9 (and Article 108(1) in so far as it relates to that Part of that Schedule) shall come into operation on such day as the Head of the Department may by order appoint .

(4) The following Orders—

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

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

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

(d) the Housing (Northern Ireland) Order 1988 ; and

(e) this Order,

may be cited together as the Housing (Northern Ireland) Orders 1981 to 1992.

Section 2 General interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“the Department” means the Department of the Environment;

“the Executive” means the Northern Ireland Housing Executive;

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

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

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

“the Order of 1988” means the Housing (Northern Ireland) Order 1988; and

“prescribe” means prescribe by regulations made by the Department.

(3) Expressions used in this Order and defined in the Order of 1981 or the Order of 1983 shall, unless the context otherwise requires, have the meanings given in the Order of 1981 or the Order of 1983, as the case may be.

Section 3 Part II: Interpretation

In this Part—

“the Act of 1969” means the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 ;

“charity” has the same meaning as in the Charities Act (Northern Ireland) 1964 ;

“committee” has the same meaning as in section 101(1) of the Act of 1969;

“ company ” means a company registered under the Companies Act 2006;

“equity-sharing lease” has the meaning given in Article 31(6)(a) of the Order of 1981;

“housing activities”, in relation to a registered housing association, means all its activities in pursuance of such of its purposes, objects or powers as are of a description mentioned in—

paragraph (a) of the definition of “housing association”, or

paragraphs (2) to (4) of Article 15;

“housing association” means a society, body of trustees or company—

which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of housing accommodation, and

which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Department of Finance and Personnel, whether with or without differentiation between share and loan capital;

“housing trust” means a corporation or body of persons which—

is required by the terms of its constituent instrument to use the whole of its funds, including any surplus which may arise from its operations, for the purpose of providing housing accommodation, or

is required by the terms of its constituent instrument to devote the whole, or substantially the whole, of its funds to charitable purposes and in fact uses the whole, or substantially the whole, of its funds for the purpose of providing housing accommodation;

“registrar” means the Registrar for the purposes of the Act of 1969;

“registered” means registered in the register of housing associations maintained under Article 14;

“self-build society” means a housing association whose object is to provide, for sale to, or occupation by, its members, houses built or improved principally with the use of its members' own labour;

“society” means a society registered under the Act of 1969;

“unregistered self-build society” means a self-build society which is not a registered housing association; and

“voluntary organisation” means an organisation whose activities are not carried on for profit.

Section 4 Functions of the Department

(1) Without prejudice to any specific function conferred on the Department by or under this Part or any other statutory provision, the Department may—

(a) promote and assist the development of registered housing associations and of unregistered self-build societies;

(b) facilitate the proper exercise and performance of the functions, and publicise the aims and principles, of registered housing associations and unregistered self-build societies;

(c) establish and maintain a register of housing associations, and exercise supervision and control over registered housing associations.

(2) In the exercise of its functions under paragraph (1)(a) the Department may, with the approval of the Department of Finance and Personnel, make such contributions as it may determine towards the administrative and other expenses of registered housing associations, unregistered self-build societies and such bodies as appear to it to be representative of housing associations.

(3) In exercising its functions under paragraph (1)(a) and (b) the Department may, with the consent of the Department of Finance and Personnel, make grants to voluntary organisations which are not registered housing associations towards the expenses incurred by them in carrying out the objects mentioned in Article 15(3)(f); and any such grant may be made subject to such conditions as the Department may, with the consent of the Department of Finance and Personnel, determine.

(4) For the purposes of paragraph (2) the term “registered housing association” shall include an unregistered housing association which at the date of payment of the contribution has made application to the Department for registration under Article 16 and the application has not yet been disposed of by the Department.

Section 5 Power of housing trusts to hold land

For the purpose of constructing, improving or repairing, or facilitating or encouraging the construction, improvement or repair of, housing accommodation, a housing trust—

(a) may acquire and dispose of any estate in land; and

(b) if it is not already a body corporate shall, for the purpose of holding any estate in land acquired under this Article, and of suing and being sued in respect thereof, be deemed to be a body corporate with perpetual succession, and consequently for the purpose of acquiring, holding or disposing of such an estate shall have a common seal.

Section 6 Borrowing by housing associations

(1) The Department may, on such terms and subject to such conditions as it thinks fit, make loans to—

(a) registered housing associations, and

(b) unregistered self-build societies,

for the purpose of enabling those bodies to meet the whole or any part of any expenditure incurred, or to be incurred, by them in carrying out their objects.

(2) Where the Department makes a loan to a registered housing association under paragraph (1), so long as any part of the principal of, or any interest on, the loan remains outstanding, the loan shall be a charge on all the revenues of that association and, subject to any statutory provision to the contrary, the charge shall rank equally with other charges on those revenues.

(3) The Department may guarantee, in such manner and on such conditions as it may think fit, the repayment of the principal of, and the payment of interest on, any sums which a registered housing association or an unregistered self-build society borrows from any person.

(4) Any sum required by the Department for fulfilling a guarantee under paragraph (3) shall be charged on and issued out of the Consolidated Fund, and for the purpose of providing such issues the Department of Finance and Personnel may borrow money.

Section 6A Realisation of value of Department's loans portfolio

(1) The Department may enter into such arrangements as it considers appropriate for the purpose of realising the value of the whole or part of its loans portfolio.

(2) The arrangements may provide, with respect to the purpose mentioned in paragraph (1), for—

(a) the transfer of any estate or interest of the Department, or

(b) the creation or disposal of economic interests not involving the transfer of an estate or interest,

and may extend to such incidental or ancillary matters as the Department considers appropriate.

(3) In this Article the Department's “loans portfolio” means the Department's rights or obligations in relation to—

(a) any loans made by the Department to registered housing associations under Article 6, or

(b) any securities related to such loans.

(4) Nothing in the terms of any loan or related transaction entered into by the Department shall be construed as impliedly prohibiting or restricting the Department from dealing with its loans portfolio in accordance with this Article.

Section 7 Recovery of possession of premises let by a housing association

(1) Subject to paragraph (2), on the termination of the tenancy of any premises let by a housing association, possession of the premises may (without prejudice to any other method of recovery) be recovered by the housing association in a summary manner under Part VI of the Magistrates' Courts (Northern Ireland) Order 1981 relating to ejectment proceedings, whatever may be the rent or term of the tenancy.

(2) Paragraph (1) does not apply to any tenancy which is a secure tenancy within the meaning of Article 25 of the Order of 1983.

Section 8 Rents

(1) Subject to the following provisions of this Article, a registered housing association may fix the amount of rent to be charged for any housing accommodation which it provides—

(a) under a tenancy granted by it on or after the day of the coming into operation of this Part; or

(b) under a tenancy—

(i) granted by it before that day, and

(ii) in respect of which the Department has not made a determination under paragraph (2).

(2) The Department, if it considers it appropriate to do so, may make a determination with respect to the rent to be charged under a tenancy granted by a registered housing association before the day of the coming into operation of this Part.

(3) The power conferred on a registered housing association under paragraph (1) may be exercised to fix the amount of rent to be charged under a tenancy by way of an equity‐sharing lease, whenever granted.

(4) For the purposes of paragraph (2) the Department—

(a) may make a determination with respect to a particular tenancy or a general determination with respect to a class of tenancy or to tenancies generally; and

(b) may make exceptions to a general determination.

(5) A general determination—

(a) shall be made with the consent of the Department of Finance and Personnel; and

(b) may fix a rent in such manner as the Department considers appropriate including, in particular, by reference to a scheme made under Article 17 of the Order of 1981 (scheme to determine rent to be charged by the Executive).

(6) Paragraph (2) does not apply to any housing accommodation provided under a co-ownership tenancy, that is to say a tenancy—

(a) granted by a registered housing association whose rules restrict membership to persons who are tenants or prospective tenants, and preclude the granting or assignment of tenancies to persons other than members; and

(b) under which the tenant (or his personal representatives) either by virtue of the tenancy agreement or the agreement under which he became a member of the association may be entitled on ceasing to be a member of the association to a sum calculated by reference, directly or indirectly, to the value of the house of which he is a tenant.

(7) The power conferred on a registered housing association under paragraph (1) may be exercised to increase the rent payable under a tenancy, but such power— may be exercised in relation to any particular tenancy on one occasion only during any financial year

(8) Article 26 of the Order of 1981 (increase of Executive rents) shall apply to registered housing associations and their tenants in the same manner as it applies to the Executive and its tenants.

Section 9 Tenancy agreements, etc.

Articles 25 and 26A of the Order of 1981 (which relate to the substitution or variation of tenancies of houses let by the Executive and to the length of notice to quit required in respect of such tenancies) shall apply to registered housing associations and their tenants in the same manner as they apply to the Executive and its tenants.

Section 10 Persons eligible for housing accommodation

Except with the consent of the Department, a housing association shall not—

(a) if it is a registered housing association, accept as a tenant of any housing accommodation provided by it; or

(b) if it is not a registered housing association—

(i) accept as a tenant of housing accommodation provided by it under section 1 of the Housing Act (Northern Ireland) 1945 as applied by section 12 of the Housing and Local Government (Miscellaneous Provisions) Act (Northern Ireland) 1946 , or

(ii) accept as an occupier of accommodation in a hostel provided by it in respect of which any contribution has been made to it under section 15 of the Housing Act (Northern Ireland) 1963 ,

any person whom the Executive would be precluded by a scheme made under Article 22 of the Order of 1981 from accepting as a tenant of housing accommodation provided by it.

Section 11 Guidance as to management of accommodation by registered housing associations

(1) In accordance with the provisions of this Article, the Department may issue guidance with respect to the management of housing accommodation by registered housing associations ....

(2) Guidance issued under this Article may make different provision in relation to different cases and, in particular, in relation to different areas, different descriptions of housing accommodation and different descriptions of registered housing associations.

(3) Without prejudice to the generality of paragraphs (1) and (2), guidance issued under this Article may relate to—

(a) the housing demands for which provision should be made and the means of meeting those demands;

(b) the allocation of housing accommodation between individuals;

(c) the terms of tenancies and the principles upon which the levels of rent should be determined;

(d) standards of maintenance and repair and the means of achieving these standards; and

(e) consultation and communication with tenants.

(4) Guidance issued under this Article may be revised or withdrawn but, before issuing or revising any guidance under this Article, the Department shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate.

(5) The Department shall issue the guidance or, as the case may be, the revision concerned in such manner as the Department considers appropriate for bringing it to the notice of the housing associations concerned.

Section 12 Acquisition of land

(1) The Department may, for the purpose of selling or leasing land to a registered housing association or to an unregistered self-build society—

(a) acquire any land by agreement or compulsorily;

(b) dispose of any land so acquired.

(2) Where the Department in exercise of the power conferred on it by paragraph (1) desires to acquire any land compulsorily, the Department may make an order (in this Article referred to as a “vesting order”) vesting the land in the Department.

(3) Section 97(3) of, and Schedule 6 to, the Local Government Act (Northern Ireland) 1972 shall, subject to the modifications specified in Schedule 1, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as they apply to the acquisition of land by means of a vesting order made under that Act.

(4) Section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 shall not affect the disposal of any land acquired or taken on lease under this Article.

Section 13 Disposal of land: registered housing associations

(1) Any provision contained in the rules of a registered housing association which prevents it from disposing of any land (where such disposal would otherwise be lawful) shall be of no effect.

(2) A registered housing association that disposes of or mortgages any land must notify the Department of the disposal or mortgage in accordance with this Article.

(3) But paragraph (2) does not apply to a letting of land to one or more individuals by a registered housing association under a secure tenancy or under what would be a secure tenancy but for paragraphs 1(b) to 10 of Schedule 2 to the Order of 1983.

(4) Notification under paragraph (2) must be made—

(a) within 28 days of the disposal taking place or (as the case may be) the mortgage being created, and

(b) in such manner and form as the Department may prescribe.

(5) The Department may by regulations dispense with such notifications as may be described in the regulations.

(6) Notifications that are dispensed with under paragraph (5) may be described in the regulations by reference to (in particular)—

(a) the association, or description of association, which is disposing of the land or creating the mortgage;

(b) the land, or description of land, which is disposed of or which becomes subject to the mortgage;

(c) the description of disposal.

(7) A dispensation under paragraph (5) may be subject to such conditions as are prescribed.

Section 13A Disposal of land: unregistered housing associations

(1) Notwithstanding anything contained in section 30 of the Act of 1969, an unregistered housing association may not dispose of any grant-aided land as defined in Schedule 2 without the consent of the Department.

(2) Consent under paragraph (1) may be subject to such conditions as the Department sees fit to impose.

(3) Any such consent may be given—

(a) either generally in relation to all unregistered housing associations or to a particular unregistered housing association or description of unregistered housing association, or

(b) in relation to particular land or in relation to a particular description of land.

(4) Paragraph (1) does not prevent an unregistered housing association from disposing of any land by the granting of a lease for a term ending within the period of 7 years and 3 months beginning on the date of the grant unless—

(a) there is conferred on the lessee (whether by the lease or otherwise) an option for renewal for a term which, together with the original term, would expire outside that period, or

(b) the lease is granted wholly or partly in consideration of a fine.

(5) Without prejudice to the generality of the expression “dispose” in paragraph (1), in paragraph (4) the expression “lease” includes an agreement for a lease and a licence to occupy and the expressions “grant” and “term” are to be construed accordingly.

Section 14 The register of housing associations

The Department shall maintain a register of housing associations which shall be open to inspection at such place and at such times as the Department considers appropriate.

Section 15 Eligibility for registration

(1) A housing association is eligible for registration if it—

(a) is a society registered under the Act of 1969, and

(b) fulfils the following conditions.

(2) The conditions are that the housing association does not trade for profit and is established for the purpose of, or has among its objects or powers, the provision, construction, improvement or management of—

(a) houses to be kept available for letting, or

(b) houses for occupation by members of the association where the rules of the association restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the association, or

(c) hostels,

and that any additional purposes or objects are among the following.

(3) The permissible additional purposes or objects are—

(a) providing land, amenities or services, or providing, constructing, repairing or improving buildings, for the benefit of the association's residents, either exclusively or together with other persons;

(b) acquiring, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of on sale, or lease or by equity-sharing lease;

(c) constructing houses to be disposed of by equity-sharing lease;

(d) managing houses which are held on leases or other lettings (not being houses falling within paragraph (2)(a) or (b)), or blocks of flats;

(e) providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;

(f) encouraging and giving advice on the formation of other housing associations or providing services for, and giving advice on the running of, such associations and other voluntary organisations concerned with housing, or matters connected with housing.

(4) A housing association shall not be ineligible for registration by reason only that its powers include power—

(a) to acquire commercial premises or businesses as an incidental part of a project or series of projects undertaken for purposes or objects falling within paragraph (2) or (3);

(b) to repair, improve or convert any commercial premises acquired as mentioned in sub-paragraph (a) or to carry on, for a limited period, any business so acquired.

(5) The Department may by order amend paragraphs (3) and (4), but not so as to restrict or limit the permissible purposes, objects or powers.

(6) An order under paragraph (5) may contain such incidental, supplemental or transitional provisions as the Department thinks fit.

(7) In this Article—

“block of flats” means a building—

containing 2 or more flats which are held on leases or other lettings; and

occupied or intended to be occupied wholly or mainly for residential purposes;

“letting” includes the grant of a licence to occupy;

“residents” in relation to a housing association, means the persons occupying the houses or hostels provided or managed by the association.

Section 16 Registration

(1) Subject to paragraphs (2) and (3), the Department may register any housing association which is eligible for registration.

(2) The Department shall, after consultation with such bodies as appear to it to be representative of housing associations, establish criteria which should be satisfied by a housing association seeking registration, and may vary those criteria in such manner as it may determine.

(3) In deciding whether to register a housing association, the Department shall have regard to the question whether the association satisfies the criteria established in accordance with paragraph (2).

(4) For all purposes other than rectification of the register, a society shall be conclusively presumed to be or to have been a housing association eligible for registration at any time when it is or was on the register of housing associations.

Section 17 Removal of societies from the register

(1) Where a society has been registered in the register of housing associations, that society shall not be removed from the register except by the Department in accordance with the provisions of this Article.

(2) If it appears to the Department that any society which is registered—

(a) is no longer a housing association falling within Article 15(1), or

(b) has ceased to exist or does not operate,

the Department shall, on giving not less than 14 days' notice to that society, remove it from the register; and in a case where sub-paragraph (b) applies, any such notice shall be deemed to be given to a society if it is served at the address last known to the Department to be the principal place of business of that society.

(3) Where a society which is registered—

(a) has not at any time received—

(i) a loan under Article 6 or a grant under Article 33 or 34,

(ii) a loan under Article 117 of the Order of 1981 or a grant under Article 137 or 139 of that Order,

(iii) any such payment or loan as is specified in paragraph 2 or 3 of Schedule 2, or

(iv) a loan under Article 6 of the Housing (Northern Ireland) Order 1976 , or a grant under Article 27 or 29 of that Order; and

(b) requests the Department to remove it from the register;

the Department may, if it thinks fit, remove that society from the register.

(4) A society which is aggrieved by a decision of the Department to remove it from the register of housing associations may appeal against the decision to the High Court.

(5) If an appeal is brought under paragraph (4) and is not withdrawn the Department shall not remove the society concerned from the register of housing associations until the appeal has been finally determined.

(6) No sum shall be paid in respect of a grant under Article 33 or 34 to a society which has been removed under this Article from the register of housing associations.

(7) Where, at the time of its removal under paragraph (2) from the register of housing associations, a society owns land, Article 13 shall continue to apply to that land after the removal as if the society concerned continued to be a registered housing association.

Section 18 Notifications to and by the registrar

(1) As soon as may be after registering a housing association or removing a society from the register the Department shall give notice of the registration or removal to the registrar.

(2) Where notice is given under paragraph (1), the registrar shall record the registration or removal from the register by the Department.

(3) As soon as may be after an appeal is brought under Article 17(4), the Department shall give notice of the appeal to the registrar.

(4) As soon as may be after cancelling or suspending the registration of a society which is a registered housing association, the registrar shall give notice of the cancellation or suspension to the Department.

(5) As soon as may be after an appeal is brought under section 17(1) of the Act of 1969, the registrar shall give notice of the appeal to the Department.

Section 19 Accounts and audit

(1) The Department may by order lay down accounting requirements for registered housing associations with a view to ensuring that the accounts of every registered housing association are prepared in the requisite form and give a true and fair view of the state of affairs of the association, so far as its housing activities are concerned, and of the disposition of funds and assets which are, or at any time have been, in its hands in connection with those activities.

(2) The accounts of every registered housing association must comply with those requirements; and the auditor's report shall state (in addition to any other matters which it is required to state) whether in the auditor's opinion they do so comply.

(3) Every registered housing association shall furnish to the Department a copy of its accounts and auditor's report within 6 months of the end of the period to which they relate.

(4) A registered housing association shall be subject to section 38(1) of the Act of 1969 (obligation to appoint auditors) without regard to the volume of its receipts and payments, the number of its members or the value of its assets; and such an association is in no case to be treated as an exempt society under that section.

Section 20 Enforcement of Article 19

(1) All persons who are directly concerned with the conduct and management of the affairs of a registered housing association and are in that capacity responsible for the preparation and audit of accounts shall have the duty to ensure that Article 19 is complied with by the association.

(2) If—

(a) the accounts of a registered housing association, as furnished to the Department under Article 19(3), do not comply with the accounting requirements laid down under paragraph (1) of that Article; or

(b) Article 19(3) is not complied with in respect of the accounts and auditor's report; . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the association as well as each of the persons on whom the above duty is imposed shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) It is a defence—

(a) for a person charged under paragraph (2) to prove that he did everything that could reasonably have been expected of him by way of discharging the duty imposed by paragraph (1); and

(b) for an association charged under paragraph (2) to prove that the persons mentioned in paragraph (1) did everything that could reasonably have been expected of them by way of discharging the duty imposed by paragraph (1) in relation to the association.

(4) No proceedings for an offence under this Article shall be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland or the Department.

Section 21 General power to obtain information

(1) The Department may for any purpose connected with the discharge of any of its functions in relation to registered housing associations serve a notice on a person requiring him—

(a) to give to the Department, at a time and place and in the form and manner specified in the notice, such information relating to the affairs of a registered housing association as may be specified or described in the notice, or

(b) to produce to the Department or a person authorised by the Department, at a time and place specified in the notice, any documents relating to the affairs of the registered housing association which are specified or described in the notice and are in his custody or under his control.

(2) A notice under this Article may be served on—

(a) a registered housing association,

(b) any person who is, or has been, an officer, member, employee or agent of a registered housing association,

(c) a subsidiary or associate of a registered housing association,

(d) any person who is, or has been, an officer, member, employee or agent of a subsidiary or associate of a registered housing association, or

(e) any other person who the Department has reason to believe is or may be in possession of relevant information.

(3) No notice shall be served on a person within sub-paragraphs (b) to (e) of paragraph (2) unless—

(a) a notice has been served on the registered housing association and has not been complied with, or

(b) the Department believes that the information or documents in question are not in the possession of the housing association.

(4) Nothing in this Article authorises the Department to require—

(a) the disclosure of anything which a person would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court, or

(b) the disclosure by a banker of anything in breach of any duty of confidentiality owed by him to a person other than a registered housing association or a subsidiary or associate of a registered housing association.

(5) A notice under this Article shall be given in writing.

(6) References in this Article to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

(7) Where by virtue of this Article documents are produced to any person, he may take copies of or make extracts from them.

(8) In this Article—

“ agent ” has the meaning given in Article 23(8); and

“ associate ” and “ subsidiary ” have the same meanings as in Article 23.

Section 21A Enforcement of notice to provide information, &c.

(1) A person who without reasonable excuse fails to do anything required of him by a notice under Article 21 commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person who intentionally alters, suppresses or destroys a document which he has been required by a notice under Article 21 to produce commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.

(3) Proceedings for an offence under paragraph (1) or (2) may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland or the Department.

(4) If a person makes default in complying with a notice under Article 21, the High Court may, on the application of the Department, make such order as the court thinks fit for requiring the default to be made good.

(5) Any such order may provide that all the costs or expenses of, and incidental to, the application shall be borne by the person in default or by any officers of a body who are responsible for its default.

Section 21B Disclosure of information to the Department

(1) A body or person to whom this Article applies may, subject to the following provisions, disclose to the Department, for the purpose of enabling the Department to discharge any of its functions relating to registered housing associations, any information received by that body or person under or for the purposes of any statutory provision.

(2) This Article applies to the following bodies and persons—

(a) any government department (including a department of the Government of the United Kingdom);

(b) any district council;

(c) any constable; and

(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(3) This Article has effect subject to any express restriction on disclosure imposed by or under any other statutory provision.

(4) Nothing in this Article shall be construed as affecting any power of disclosure exercisable apart from this Article.

Section 21C Disclosure of information by the Department

(1) The Department may disclose to a body or person to whom this Article applies any information received by it relating to a registered housing association—

(a) for any purpose connected with the discharge of the functions of the Department in relation to such housing association, or

(b) for the purpose of enabling or assisting that body or person to discharge any of its or his functions.

(2) This Article applies to the following bodies and persons—

(a) any government department (including a department of the Government of the United Kingdom);

(b) any district council;

(c) any constable; and

(d) any other body or person discharging functions of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(3) Where any information disclosed to the Department under Article 21B is so disclosed subject to any express restriction on the further disclosure of the information, the Department's power of disclosure under this Article is exercisable subject to that restriction.

(4) A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Any information disclosed by the Department under this Article may be subject by the Department to any express restriction on the further disclosure of the information.

(6) A person who discloses information in contravention of any such restriction commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Proceedings for an offence under paragraph (6) may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland or the Department.

(8) Nothing in this Article shall be construed as affecting any power of disclosure exercisable apart from this Article.

Section 22 Tax relief grants

(1) If a housing association makes a claim to the Department in respect of a period and satisfies the Department that throughout the period it was a housing association to which this Article applies and its functions either—

(a) consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and activities incidental to that function, or

(b) included that function and activities incidental to that function,

the Department may make grants to the association for affording relief from tax chargeable on the association.

(2) This Article applies to a housing association at any time if, at that time—

(a) it is registered;

(b) it does not trade for profit; and

(c) it is not approved for the purposes of Chapter 7 of Part 13 of the Corporation Tax Act 2010 (tax treatment of co-operative housing associations).

(3) References in this Article to tax chargeable on an association are to income tax (other than income tax which the association is entitled to deduct on making any payment) and corporation tax.

(4) A grant under this Article may be made—

(a) in a case falling within paragraph (1)(a), for affording relief from any tax chargeable on the association for the period in respect of which the claim is made; and

(b) in a case falling within paragraph (1)(b), for affording relief from such part of any tax so chargeable as the Department considers appropriate having regard to the other functions of the association;

and in any case shall be of such amount, shall be made at such times and shall be subject to such conditions as the Department thinks fit.

(5) The conditions may include conditions for securing the repayment in whole or in part of a grant made to an association—

(a) in the event of tax in respect of which it was made being found not to be chargeable; or

(b) in such other events (including the association beginning to trade for profit) as the Department may determine.

(6) A claim under this Article shall be made in such manner and shall be supported by such evidence as the Department may direct.

(7) The Commissioners of Inland Revenue and their officers may disclose to the Department such particulars as it may reasonably require for determining whether a grant should be made on a claim or whether a grant should be repaid or the amount of such grant or repayment.

(8) In this Article “letting” includes the grant of an equity-sharing lease or a licence to occupy.

Section 23 Inquiries into affairs of registered housing associations

(1) This Article applies where the Department has reasonable grounds to suspect that a registered housing association has failed, or is failing, to comply with—

(a) a duty imposed by this Order or by any other statutory provision,

(b) a requirement imposed on the association by the Department under this Order or any other statutory provision, or

(c) any guidance issued by the Department under this Order,

relating to its housing activities or its financial or other affairs.

(1A) The Department may appoint a person to conduct an inquiry into the affairs of the registered housing association.

(1B) If the appointed person considers it necessary for the purposes of an inquiry under paragraph (1A), the person may also inquire into the business of any other body which, at a time which the person considers material, is or was a subsidiary or associate of the association concerned.

(2) No person who is, or at any time has been, an officer of the Department or a member or employee of the Executive shall be appointed to conduct an inquiry under paragraph (1A) .

(3) The appointed person may, by notice in writing served on—

(a) the association concerned; or

(b) any person who is, or has been, an officer, agent or member of the association; or

(c) any person who is, or has been, an officer, agent or member of a subsidiary or associate of the association; or

(d) any other person whom the appointed person has reason to believe is or may be in possession of information of relevance to the inquiry;

require the association or that person to produce to him such books, accounts and other documents relating to the business of the association or of any other such body as is referred to in paragraph (1B) and to furnish to him such other information relating to that business, as he considers necessary for the purpose of the inquiry.

(4) Any association or other person who without reasonable excuse fails to comply with the requirements of a notice under paragraph (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) Where, by virtue of paragraph (3), any books, accounts or other documents are produced to the appointed person he may take copies of or make extracts from them.

(6) The appointed person may, if he thinks fit during the course of the inquiry, make one or more interim reports to the Department on such matters as appear to him to be appropriate.

(7) On completion of the inquiry the appointed person shall make a report to the Department on such matters and in such form as the Department may specify.

(8) In paragraph (3) “agent” includes banker, solicitor and auditor; but nothing in this Article requires disclosure—

(a) by a solicitor, of any privileged communication made to him in his capacity as solicitor; or

(b) by a housing association's bankers, of any information as to the affairs of any of their other customers.

(9) In this Article, in relation to a housing association, “subsidiary” means a company with respect to which one of the following conditions is fulfilled,—

(a) the association is a member of the company and controls the composition of the board of directors; or

(b) the association holds more than half in nominal value of the company's equity share capital; or

(c) the company is a subsidiary, within the meaning of the Companies Acts (see section 1159 of the Companies Act 2006) or the Act of 1969, of another company which, by virtue of paragraph (a) or paragraph (b), is itself a subsidiary of the housing association.

(10) For the purposes of paragraph (9)(a), the composition of a company's board of directors shall be deemed to be controlled by a housing association if, but only if, the association, by the exercise of some power exercisable by the association without the consent or concurrence of any other person, can appoint or remove the holders of all or a majority of the directorships.

(11) In this Article, in relation to a housing association, “associate” means—

(a) any body of which the association is a subsidiary, and

(b) any other subsidiary of such a body,

and in this paragraph “subsidiary” has the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006) or the Act of 1969 or, in the case of a body which is itself a housing association, has the meaning assigned by paragraph (9).

(12) In relation to a company which is a society —

(a) any reference in paragraph (9)(a) or paragraph (10) to the board of directors is a reference to the committee of management of the society; and

(b) the reference in paragraph (10) to the holders of all or a majority of the directorships is a reference to all or a majority of the members of the committee or, if the housing association is itself a member of the committee, such number as together with the association would constitute a majority.

Section 24 Extraordinary audit for purposes of inquiry

(1) For the purposes of an inquiry under Article 23 into the affairs of a registered housing association, the Department may require the accounts and balance sheet of the association concerned, or such of them as the Department may specify, to be audited by an auditor appointed by the Department.

(2) An auditor appointed under paragraph (1) shall be a person who—

(a) under section 41(1) of the Act of 1969, is a qualified auditor for the purposes of that Act, or

(b) under section 41(2) of the Act of 1969, is a qualified auditor in relation to the particular association whose accounts are required to be audited under this paragraph.

(3) On completion of the audit the appointed auditor shall make a report to the Department on such matters and in such form as the Department may specify.

(4) The expenses of the audit, including the remuneration of the auditor, shall be paid by the Department.

(5) An audit under this Article shall be additional to, and shall not affect, any audit made or to be made under any other statutory provision.

Section 25 Department's power to act for protection of registered housing associations

(1) The powers conferred on the Department by paragraphs (1B), (3),(3A), (4), (5) and (7) in respect of a registered housing association are exercisable only where (in addition to the particular conditions for those paragraphs being met) the Department considers that—

(a) action is needed to protect the interests of tenants of the association or to protect the assets of the association, and

(b) the committee of the association is unwilling to take appropriate action for that purpose.

(1A) Paragraph (1B) applies where the Department is satisfied as the result of an inquiry under Article 23 or an audit under Article 24 that a registered housing association has failed, or is failing, to comply with—

(a) a duty imposed by this Order or by any other statutory provision, or

(b) a requirement imposed on the association by the Department under this Order or any other statutory provision,

relating to its housing activities or its financial or other affairs.

(1B) Where this paragraph applies, the Department may do all or any of the following, namely—

(a) by order remove any member of the committee of the association, or any officer, agent or employee of the association, who has been responsible for or privy to the failure mentioned in paragraph (1A) or has by his conduct contributed to it or facilitated it;

(b) by order suspend such a person for up to 6 months, pending determination whether he should be removed;

(c) order any bank or other person who holds money or securities on behalf of the association not to part with the money or securities without the approval of the Department;

(d) by order restrict the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the association without the approval of the Department.

(2) Where a person is suspended, the Department may give directions with respect to the performance of his functions and otherwise as to matters arising from the suspension.

(3) If at any time the appointed person makes an interim report under Article 23(6) and, as a result of that interim report, the Department is satisfied that there is or has been a failure as mentioned in paragraph (1A) ,—

(a) the Department may at that time exercise any of the powers conferred by sub-paragraphs (b) to (d) of paragraph (1B) ; and

(b) in relation to the exercise at that time of the power conferred by paragraph (1B)(b) , the reference therein to a period of 6 months shall be construed as a reference to a period beginning at that time and ending 6 months after the date of the report under Article 23(7).

(3A) If, at any time after the commencement of an inquiry under Article 23 or an audit under Article 24, the Department has reasonable grounds to believe —

(a) that there is or has been a failure as mentioned in paragraph (1A) in the administration of a registered housing association, and

(b) that immediate action is needed to protect the interests of the tenants of the registered housing association or to protect the assets of the association,

the Department may at that time exercise any of the powers conferred by sub-paragraphs (b) to (d) of paragraph (1B) .

(4) The Department may also by order remove a member of the committee of a registered housing association where that member—

(a) is a bankrupt or is the subject of a bankruptcy restrictions order , or is a person in relation to whom a moratorium period under a debt relief order applies or is the subject of a debt relief restrictions order, or has made an arrangement with his creditors or is incapable of acting by reason of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 ;

(b) has not acted; or

(c) cannot be found or does not act and his absence or failure to act compromises the committee’s ability to ensure that the association complies with the duties and requirements mentioned in paragraph (1A) .

(5) The Department may by order appoint a person to be a member of the committee of a registered housing association (whether or not he is a member of the association and, if he is not, notwithstanding that the rules of the association restrict membership of the committee to members of the association)—

(a) in place of a member of the committee removed by it under this Article or otherwise;

(b) where there are no members of the committee; or

(c) where the Department is of opinion that it is necessary for the association to have an additional member of its committee to ensure that the association complies with the duties and requirements mentioned in paragraph (1A);

and the power conferred by sub-paragraph (c) may be exercised notwithstanding that it will cause the maximum number of the committee members permissible under the association's rules to be exceeded.

(6) A person appointed under paragraph (5) as a member of the committee of a housing association shall be entitled—

(a) to attend, speak and vote at any general meeting of the association and to receive all notices of and other communications relating to any general meeting which a member of the association is entitled to receive; and

(b) to require a general meeting of the association to be convened within 21 days of a request to that effect made in writing to the committee of the association.

(7) A person appointed to be a member of the committee of a registered housing association under paragraph (5) shall hold office for such period and on such terms as the Department may specify and, on the expiry of any such period, the Department may renew the appointment for such period as it may specify; but nothing in this paragraph shall prevent any such person from retiring from the appointment in accordance with the rules of the association.

(8) Any member of the committee of a registered housing association or any officer, agent or employee of the association who is ordered by the Department to be removed under paragraph (1B)(a) or (4) or suspended under paragraph (1B)(b) may appeal against the order to the High Court.

(9) Before making an order under paragraph (1B)(a) or (4) the Department shall give not less than 14 days' notice of its intention to do so—

(a) to the person whom it intends to remove, and

(b) to the registered housing association concerned.

(10) Any person who contravenes an order under paragraph (1B)(c) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5, or to imprisonment for a term not exceeding 3 months, or to both; but no proceedings for an offence punishable under this paragraph shall be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland or the Department.

(11) As soon as may be after making an order under this Article the Department shall send a copy of the order to the registrar.

Section 26 Transfer of land of registered housing associations

(1) This Article applies where the Department is satisfied, as the result of an inquiry under Article 23 or an audit under Article 24, that the three conditions set out in paragraphs (1A) to (1C) are met.

(1A) The first condition is that a registered housing association has failed, or is failing, to comply with—

(a) a duty imposed by this Order or by any other statutory provision, or

(b) a requirement imposed on the association by the Department under this Order or any other statutory provision,

relating to its housing activities or its financial or other affairs.

(1B) The second condition is that it is desirable for the purpose of—

(a) protecting the interests of tenants of the association, or

(b) protecting the assets of the association,

that the land belonging to the association, or any part of that land, should be transferred in accordance with this Article.

(1C) The third condition is that the association is unwilling to take that action.

(1D) The Department may make a direction that—

(a) identifies the land, or such part of it as the Department may determine, and

(b) requires the association to transfer the land so identified to another body in accordance with paragraph (2).

(2) A direction under paragraph (1D) may require the association concerned to transfer the land identified in the direction ,—

(a) in a case where that association is a charity, to another registered housing association which is a charity and the objects of which appear to the Department to be, as nearly as practicable, akin to those of the association directed to make the transfer; and

(b) in any other case, to the Department or to another registered housing association.

(3) A transfer in pursuance of a direction under paragraph (1D) shall be made on the terms that the Department or, as the case may be, the association to which the identified land is transferred will pay or undertake to pay to the association making the transfer such sum, if any, as will be necessary to defray all its proper debts and liabilities (including any debts and liabilities secured on the identified land to be transferred) after taking into account any money or other assets belonging to the association.

(4) If it appears to the Department to be likely that, as a result of a transfer in pursuance of a direction under paragraph (1D) , the association making the transfer will be dissolved as mentioned in paragraph (a) or paragraph (b) of section 64 of the Act of 1969, the Department shall secure that the costs of such a dissolution are taken into account in determining the sum payable to the association under paragraph (3).

Section 27 Winding up of registered housing associations

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Section 28 Transfer of net assets on dissolution of registered housing associations

(1) If a registered housing association is dissolved as mentioned in subsection (1)(a) or (b) of section 64 of the Act of 1969 then, notwithstanding anything in that Act or in the rules of the association, there shall be transferred to the Department, or, if the Department so directs, to such registered housing association as may be specified in the direction, so much of the property of the association as remains after meeting the claims of its creditors and any other liabilities arising on or before the dissolution.

(2) If it appears to the Department to be appropriate to do so in order to avoid the necessity for the sale of any land belonging to a registered housing association which is being dissolved as mentioned in paragraph (1) and thereby secure the transfer of the land under that paragraph, the Department may make payments to discharge any such claims or liabilities as are referred to in that paragraph.

(3) The Department may not dispose of any property transferred to it by virtue of paragraph (1) otherwise than to a registered housing association, and in any case where the property so transferred to the Department includes land subject to an existing mortgage, the Department may dispose of the land subject to that mortgage.

(4) Notwithstanding anything in paragraph (3), where property is transferred to the Department by virtue of paragraph (1) on the dissolution of a registered housing association which is a charity, the Department may not dispose of that property except to another registered housing association which is a charity and the objects of which appear to the Department to be, as nearly as practicable, akin to those of the association which was dissolved.

Section 29 Restrictions on exercise of certain powers of registered housing associations

(1) The provisions of this Article apply in relation to a registered housing association, the registration of which by the Department has been recorded by the registrar under Article 18(2), and references in the following provisions of this Article to a registered housing association shall be construed accordingly.

(2) The registrar shall not register a special resolution, as defined in section 59(2) of the Act of 1969, which is passed by a registered housing association for the purposes of section 59 or 60 of that Act (amalgamation of societies and transfer of engagements between societies) unless—

(a) a copy of the special resolution has been sent to the Department, and

(b) a copy of a certificate from the Department confirming that sub-paragraph (a) has been complied with is sent to the registrar together with the copy of the special resolution required to be sent as mentioned in section 59(4) of that Act.

(3) Section 61 of the Act of 1969 (power of registered society to convert itself into, or to transfer its engagements to, a company registered under the Companies Act 2006 ) shall not apply to a registered housing association.

(4) If, in pursuance of section 64(1)(a) of the 1969 Act, a registered housing association resolves by special resolution that it be wound up voluntarily under the Insolvency (Northern Ireland) Order 1989, the resolution has no effect unless—

(a) before the resolution was passed the Department was notified of the intention to propose the resolution, and

(b) a copy of a certificate from the Department confirming that sub-paragraph (a) has been complied with is sent to the registrar together with a copy of the resolution required to be sent as mentioned in section 64(3) of the 1969 Act.

(5) If, in pursuance of section 64(1)(b) of the Act of 1969, a registered housing association is to be dissolved by an instrument of dissolution, the registrar shall neither register that instrument, as required by section 67(5) of that Act, nor cause notice of the dissolution to be advertised as mentioned in section 67(6) unless—

(a) a copy of the instrument of dissolution has been sent to the Department, and

(b) a copy of a certificate from the Department confirming that sub-paragraph (a) has been complied with is sent to the registrar together with the instrument of dissolution required to be sent as mentioned in section 67(4).

(6) Section 9 of the Act of 1969 has effect in relation to a registered housing association with the following modifications.

(7) For subsection (1) substitute—

(1) Subject to subsection (2), any amendment of a society’s rules as for the time being registered under this Act shall not be valid until the amendment has been—

(a) sent to the Department for Communities, and

(b) registered under this Act.

(1A) For the purpose of registering the amendment as required by subsection (1)(b), there must be sent to the registrar—

(a) a copy of a certificate from the Department for Communities confirming that subsection (1)(a) has been complied with, and

(b) two copies of the amendment signed—

(i) in the case of a society for the time being consisting solely of registered societies, by the secretary of the society and by the secretary of each (or, if more than two, of each of any two) of the constituent societies;

(ii) in any other case, by three members and the secretary of the society.

(8) In subsection (2), before paragraph (a) insert—

(za) notice of any such change shall be sent to the Department for Communities;

Section 30 Payments by registered housing associations to members, etc.

(1) Subject to paragraph (2), a registered housing association shall not make a gift or pay any sum by way of dividend or bonus—

(a) to any person who is or has been a member of the association;

(b) to any person who is a member of the family of any such person as is referred to in sub-paragraph (a); or

(c) to any company of which a person falling within sub-paragraph (a) or (b) is a director.

(2) Paragraph (1) does not apply to—

(a) any sum paid, in accordance with the rules of the association concerned, as interest on capital lent to the association or subscribed by way of shares in the association; or

(b) any sum which—

(i) is paid by an association whose rules restrict membership to persons who are tenants or prospective tenants of the association and preclude the granting or assignment of tenancies to persons other than members; and

(ii) is paid to a person who has ceased to be a member of the association; and

(iii) is due to that person under his tenancy agreement with the association or under the terms of the agreement under which he became a member of the association.

(3) The Department may specify the maximum amounts which may be paid by a registered housing association—

(a) by way of fees or other remuneration or by way of expenses to a member of the association who is not a member of its committee or an officer or employee of the association;

(b) by way of expenses to a member of its committee who is not an officer or employee of the association; or

(c) by way of expenses to an officer of the association who does not have a contract of employment with the association.

(4) Different amounts may be specified under paragraph (3) for different purposes.

(5) Where a registered housing association—

(a) pays any sum or makes any gift in breach of paragraph (1); or

(b) pays to any person a sum which exceeds any maximum amount specified in relation to that person under paragraph (3);

the sum or, as the case may be, the value of the gift or, in a case falling within sub-paragraph (b), the amount by which the sum exceeds the maximum shall be recoverable by the association; and proceedings for its recovery shall be taken by the association if the Department gives the association a direction to that effect.

(6) For the purposes of paragraph (3)(b) and Article 31, a person co-opted by the committee of a registered housing association to serve on the committee (whether he is a member of the association or not) shall be treated as a member of the committee.

Section 31 Payments and grant of benefits by registered housing associations

(1) Subject to paragraph (5), a registered housing association shall not make any payment or grant any benefit to—

(a) a person who is, or at any time within the relevant period has been, a committee member, officer or employee of the association;

(b) a close relative of such a person; or

(c) a business trading for profit in which a person falling within sub-paragraph (a) has a personal interest.

(2) In paragraph (1)(a), “the relevant period” means the period of 12 months immediately preceding the making of the payment or the grant of the benefit.

(3) For the purposes of paragraph (1)(c), a person has a personal interest in a business if he, or a close relative of his, either is one of the principal proprietors of the business or is directly concerned with its management.

(4) Any sum paid, or the value of any benefit granted, by a registered housing association in breach of paragraph (1) shall be recoverable by the association; and proceedings for its recovery shall be taken by the association if the Department gives it a direction to that effect.

(5) This Article does not apply to—

(a) any payment made or benefit granted by a registered housing association to an officer or employee under his contract of employment with the association;

(b) any payment of expenses made by such an association to a member of its committee;

(c) any payment to which, by virtue of paragraph (2) of Article 30, paragraph (1) of that Article does not apply;

(d) any payment of expenses to which Article 30(3)(c) applies;

(e) the grant or renewal of a tenancy of a house; or

(f) any payment made or benefit granted by a registered housing association in such class or classes of case as may be specified in a determination made by the Department.

(6) The Department may make different determinations for the purposes of paragraph (5)(f) and, before making such a determination, the Department shall consult such bodies appearing to it to be representative of registered housing associations as it considers appropriate; and after making such a determination the Department shall publish the determination in such manner as it considers appropriate for bringing it to the notice of the associations concerned.

Section 32 Great Britain societies

Section 102(3) of the Act of 1969 (which provides that references to a registered society in certain provisions of that Act are to include references to a registered Great Britain society where copies of its registered rules have been recorded by the registrar) shall not apply for the purposes of this Chapter.

Section 33 Payment of housing association grants by the Executive

(1) The Executive may make housing association grants to registered housing associations in respect of expenditure incurred or to be incurred by them in connection with housing activities.

(1A) But the Executive shall not make grants under paragraph (1) to a designated association in respect of expenditure incurred or to be incurred by it in connection with specified housing activities.

(1B) In paragraph (1A)—

“ designated association ” means an association designated under Article 33A(1), and

“ specified housing activities ” means, in relation to a designated association, housing activities specified in accordance with Article 33A(2).

(2) As respects grants under this Article the Department, acting in accordance with such principles as it may determine, may give directions as to—

(a) the procedure to be followed in relation to applications for grant;

(b) the circumstances in which grant is or is not to be payable;

(c) the method for calculating, and any limitations on, the amount of grant; and

(d) the manner in which, and time or times at which, grant is to be paid;

and the Executive shall act in accordance with those directions.

(2A) Any directions given under paragraph (2) may be varied or revoked by subsequent directions.

(2B) Nothing in paragraph (2) or (2A) affects the Department's power to give directions to the Executive under Article 10 of the Order of 1981.

(3) In making a grant under this Article, the Executive shall, if the Department so requires, provide that the grant is conditional on compliance with such conditions as the Department may specify.

(4) Where—

(a) a grant under this Article is payable to an association, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered housing association,

this Article (including this paragraph) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under paragraph (5), were payable to that other association.

(5) The proportion referred to in paragraph (4) is that which, in the circumstances of the particular case—

(a) the Department, acting in accordance with such principles as it may determine, may specify as being appropriate; or

(b) the Department may determine to be appropriate.

Section 33A Payment of grants to designated associations

(1) The Department may designate any registered housing association for the purposes of this Article.

(2) Where the Department designates an association under paragraph (1), it shall specify the housing activities of the association in relation to which the designation has effect.

(3) The Department may make grants to any designated association in respect of expenditure incurred or to be incurred by it in connection with housing activities specified in accordance with paragraph (2).

(4) As respects grants under this Article the Department, acting in accordance with such principles as it may determine, may specify—

(a) the procedure to be followed in relation to applications for grant;

(b) the circumstances in which grant is or is not to be payable;

(c) the method for calculating, and any limitations on, the amount of grant; and

(d) the manner in which, and time or times at which, grant is to be paid.

(5) In making a grant under this Article, the Department may provide that the grant is conditional on compliance by the association with such conditions as it may specify.

(6) Paragraphs (4) and (5) of Article 33 shall apply for the purposes of this Article as they apply for the purposes of that Article.

Section 34 Revenue deficit grants

(1) The Department may make a grant to a registered housing association if—

(a) in relation to all housing activities of the association,

(b) in relation to housing activities of the association of a particular description, or

(c) in relation to particular housing activities of the association,

the association's expenditure as calculated by the Department for any period (including a period which is wholly or partly a future period) exceeds its income as so calculated for that period.

(2) In calculating an association's expenditure or income for the purposes of paragraph (1), the Department—

(a) shall act in accordance with such principles as it may determine; and

(b) may act on such assumptions (whether or not borne out or likely to be borne out by events) as it may determine.

(3) Paragraphs (4) and (5) of Article 33A shall apply for the purposes of this Article as they apply for the purposes of that Article.

Section 35 Recovery, etc. of grants

(1) Where a grant to which this Article applies, that is to say—

(a) a grant under Article 33 , 33A or 34, or

(b) a grant under Article 137 of the Order of 1981 or any provision replaced by that Article,

has been made to a registered housing association, the powers conferred by paragraph (2) are exercisable by the grantor in such events (including the association not complying with any conditions) as the Department may determine (in this Article referred to as “relevant events”).

(2) The grantor , acting in accordance with such principles as the Department may determine, may—

(a) reduce the amount of, or of any payment in respect of, the grant;

(b) suspend or cancel any instalment of the grant; or

(c) direct the association to pay to it an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,

and a direction under sub-paragraph (c) requiring the payment of any amount may also require the payment of interest on that amount in accordance with paragraphs (6) to (8).

(3) Where, after a grant to which this Article applies has been made to an association, a relevant event occurs, the association shall notify the grantor and, if so required by written notice of the grantor , shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4) Where—

(a) a grant to which this Article applies has been made to an association, and

(b) at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered housing association,

this Article (including this paragraph) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under paragraph (5), had been made to that other association.

(5) The proportion referred to in paragraph (4) is that which, in the circumstances of the particular case—

(a) the grantor , acting in accordance with such principles as the Department may determine, may specify as being appropriate; or

(b) the grantor may determine to be appropriate.

(6) A direction under paragraph (2)(c) requiring the payment of interest on the amount directed to be paid to the grantor shall specify in accordance with paragraph (8)—

(a) the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b) the date from which interest is payable, being not earlier than the date of the relevant event; and

(c) any provision for suspended or reduced interest which is applicable.

(7) In paragraph (6)(c)—

(a) the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to the grantor is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b) the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(8) The matters specified in a direction as mentioned in sub-paragraphs (a) to (c) of paragraph (6) shall be either—

(a) such as the grantor , acting in accordance with such principles as the Department may determine, may specify as being appropriate, or

(b) such as the grantor may determine to be appropriate in the particular case.

(9) In this Article “ the grantor ” means—

(a) in relation to—

(i) any grant made under Article 33 before the commencement date to a registered housing association which is not a designated association, and

(ii) any grant made under that Article after that date,

the Executive;

(b) in relation to—

(i) any grant made under Article 33 before the commencement date to a designated association, and

(ii) any grant, whenever made, under any other provision mentioned in paragraph (1),

the Department.

(10) In paragraph (9)—

(a) “ the commencement date ” means the date on which Article 3 of the Housing (Amendment) (Northern Ireland) Order 2006 comes into operation; and

(b) “ designated association ” has the meaning given in Article 33(1B).

Section 36 Determinations under this Part

(1) A general determination may either—

(a) make the same provision for all cases; or

(b) make different provision for different cases or descriptions of cases, including different provision for different areas or for different descriptions of housing associations or housing activities;

and for the purposes of this paragraph descriptions may be framed by reference to any matters whatever, including in particular, in the case of housing activities, the manner in which they are financed.

(2) The Department shall not make a general determination under the foregoing provisions of this Part except with the consent of the Department of Finance and Personnel.

(3) Before making a general determination, the Department shall consult such bodies appearing to it to be representative of housing associations as it considers appropriate; and after making such a determination, the Department shall publish the determination in such manner as it considers appropriate for bringing the determination to the notice of the associations concerned.

(4) In this Article “general determination” means a determination under any provision of Articles 33 to 35, other than a determination relating solely to a particular case.

Section 37 Surplus rental income

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Section 73 Replacement grants

(1) The Executive may, in accordance with regulations made by the Department, pay grant (in this Article referred to as “replacement grant”) towards the cost of the replacement of dwellings.

(2) Regulations made under this Article may contain such provision as the Department considers appropriate and, without prejudice to the generality of the foregoing, may include in particular provision with respect to the matters mentioned in paragraph (3).

(3) Regulations made under this Article may—

(a) include provision prescribing—

(i) the class and location of dwellings to which the regulations apply ,

(ii) the eligibility of persons to receive grant,

(iii) the amount of any grant to be made under the regulations or the manner in which any such amount is to be computed, and

(iv) the conditions subject to which any grant is to be made including, in particular, conditions as to the circumstances in which grant is to be repayable;

(b) provide for the Executive to exercise a discretion in dealing with any matter; and

(c) provide that such provision made under Chapter I of this Part as may be prescribed shall apply (with or without modifications) in relation to replacement grants.

(4) Regulations made under this Article may provide that any of the conditions prescribed under paragraph (3)(a)(iv) is to be included among the matters required to be registered in the Statutory Charges Register.

Para. (5) rep. by 2003 NI 2

Section 74 Repairs grants towards costs of meeting certain statutory repairing obligations in respect of dwelling-houses

(1) Subject to the following provisions of this Article, repairs grants shall be payable by the Executive towards the costs of works specified—

(a) in a notice of disrepair served in respect of a dwelling-house which is let under a protected tenancy or a statutory tenancy; or

(b) in a notice served in respect of a dwelling-house under Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

(1A) In paragraph (1)–

(a) “ notice of disrepair ” means a notice under Article 19 of the Private Tenancies (Northern Ireland) Order 2006; and

(b) “protected tenancy” and “statutory tenancy” have the meaning given in the Rent (Northern Ireland) Order 1978.

(2) Repairs grant shall be payable to the person . . . , upon whom the notice was served.

(2A) A repairs grant shall not be payable—

(a) to a person who is an owner of the dwelling‐house and who occupies it as his only or principal home; or

(b) to a person who is a tenant of a dwelling‐house at a time when the estate of the landlord under the tenancy belongs to—

(i) the Crown (whether in right of Her Majesty's Government in the United Kingdom or in Northern Ireland),

(ii) a government department (including a department of the Government of the United Kingdom),

(iii) the Executive, or

(iv) a registered housing association; or

(c) to a person of such other description as the Department may prescribe.

(3) Schedule 3 shall have effect with respect to applications for, and the payment of, grants under this Article.

Section 75 Meaning of “multiple occupation”

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Section 75A Interpretation of other expressions used in this Part

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Section 75B Registration scheme for houses in multiple occupation

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Section 75C Contents of registration scheme

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Section 75D Control provisions

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