Made | 3rd November 2003 | ||
Coming into operation | 1st December 2003 |
Application
2.
- (1) These regulations shall apply to any dwelling house which is unfit for human habitation and which is in a rural area.
(2) These regulations shall not have effect in relation to an application for a replacement grant made before 1st December 2003.
Replacement Grant
3.
Articles 38, 40, 41, 56, 62 and 63 of the 1992 Order shall apply to replacement grants as if the references in those provisions to renovation grant were references to replacement grant without any modifications.
4.
The provisions of the 1992 Order specified in Column 1 of the Schedule shall apply to replacement grants as if the references in those provisions to renovation grant were references to replacement grant subject to the modification specified in Column 2 of that Schedule.
Revocation and Savings
5.
- (1) Subject to paragraph (2), the Housing (Replacement Grant) Regulations (Northern Ireland) 1992[5] and the Housing (Replacement Grant) (Amendment) Regulations (Northern Ireland) 1995[6] are hereby revoked.
(2) The Housing (Replacement Grant) Regulations (Northern Ireland) 1992 and the Housing (Replacement Grant) (Amendment) Regulations 1995 shall continue to apply to an application for replacement grant made before 1st December 2003.
Sealed with the Official Seal of the Department for Social Development on
3rd November 2003.
L.S.
D. M. Crothers
A senior officer of the Department for Social Development
Column 1 | Column 2 |
Provisions of the 1992 Order | Modifications |
Article 39 (Grants for Improvements and Repairs) |
In paragraph (1) omit the ";" and the word "and" after sub-paragraph (a) and omit sub-paragraphs (b) and (c). In paragraph (2) -
(ii) at the end of sub-paragraph (a) omit the words from the ";" to the end of the paragraph.
Omit paragraph (3). |
Article 42 (The interest of the applicant in the property) |
For sub-paragraph (a) of paragraph (1) substitute -
(ii) has either an owner's interest but does not reside in the dwelling or proposes to acquire such an interest, and -
(bb) the Executive is satisfied that there is a housing need in the local area; or".
In sub-paragraph (b) of paragraph (2) for "5 years" substitute "10 years". |
Article 44 (Certificate as to future occupation etc) |
In sub-paragraph (b) of paragraph (2) omit the words "or, as the case may be, a flat in the building" and the words "for a period of not less than 12 months beginning on the certified date". In paragraph (4) omit the words "or building" and the words "or, as the case may be, one or more of the flats in the building". Omit paragraphs (5) and (8). |
Article 46 (Restriction on grants for works already begun) |
For paragraph (2) substitute the following paragraph - " (2) Paragraph (1) does not apply to an application for a grant in respect of works necessary to render a dwelling fit for human habitation or to comply with a notice under Article 41 of the Order of 1981 (repair notices).". |
Article 47 (Owner-occupiers and tenants) | In paragraph (1) omit the words "with the consent of the Department of Finance and Personnel" and in paragraph 2 omit the words "made with the consent of the Department of Finance and Personnel". |
Article 48 (Landlords) | In sub-paragraph (b) of paragraph (3) for "rent officer" substitute "suitably qualified person". |
Article 50 (Duty to approve applications to render certain dwellings fit for human habitation) |
In paragraph (1) omit the words from "(other than" to "other building)". In paragraph (2) -
"
and
Omit paragraph (3). |
Article 54 (Approval and refusal of applications) |
In paragraph (4) at the end of sub-paragraph (b) add the following sub-paragraph - " or
|
Article 55 (Payment of grants) |
In paragraph (3) at the end of sub-paragraph (b) delete the full stop and add the following sub-paragraphs - " and
(d) the completed dwelling complying with all statutory requirements; and (e) the dwelling being constructed by a builder providing a building warranty agreement.".
After paragraph (3) insert the following paragraphs -
(b) The Executive shall prepare a statement of the criteria by reference to which it is to determine whether a contractor is acceptable to it for the purposes of this Article and Article 40(2)(b). (c) The Executive may revise the statement of the criteria from time to time. (d) The Executive shall provide, at such price as it may determine, a copy of the statement of the criteria to any person who applies for one.
(3B)
(ii) by delivering to the applicant an instrument of payment in a form made payable to the contractor.
The Executive shall not do so unless the applicant was informed before the grant application was approved that this would or might be the method of payment.
If the Executive does so it may make the payment to the applicant instead.". |
Article 57 (Conditions as to availability for letting) |
Omit sub-paragraph (b) of paragraph (3). For paragraph (7) substitute the following paragraph - " (7) In the event of a breach of a condition under paragraph (2) or (4), the owner for the time being of the dwelling shall on demand repay to the Executive the amount of the grant, together with interest on that amount as from the certified date, at such reasonable rate as the Executive may determine.". |
Article 58 (Conditions requiring repayment of grant in case of certain disposals where certificate of intended letting given) |
For paragraph (2) substitute the following paragraph - " (2) It is a condition of the grant that where an owner of the dwelling to which the application relates makes a relevant disposal (other than an exempt disposal) -
(b) after any instalment of grant has been paid, and (c) after the certified date,
he shall repay to the Executive on demand the amount of grant which has been paid.". |
Article 59 (Condition requiring repayment of grant in case of certain disposals where owner-occupation certificate given) the end of the paragraph. |
In paragraph (2) -
(ii) omit the words from ", reduced" to the end of
In sub-paragraph (b) of paragraph (3) for "3 years" substitute "5 years". |
Article 70 (Persons entitled to Grant) |
For sub-paragraph (d) of paragraph (3) substitute the following sub-paragraph -
Omit paragraph (4). |
Article 71 (Cases in which grants may be re-calculated, withheld or repaid) |
(i) In paragraph (1) for sub-paragraph (c) substitute the following sub-paragraph -
"
(c) the Executive ascertains that without its knowledge the eligible works were started before the application was approved;".
"
(d) the Executive ascertains that the amount was determined under Article 47 or 48 on the basis of inaccurate or incomplete information and exceeds that to which the applicant was entitled; or |
Regulation 5 revokes the previous Regulations with savings in respect of applications for replacement grant made before 1st December 2003.
[2] See Article 120(5) of S.I. 2003/412 (N.I. 2). Article 73(5) was repealed by Article 149 of and Schedule 5 to S.I. 2003/412 (N.I. 2)back
[3] S.I. 1992/1725 (N.I. 15); see Article 2(2) for the definition of "the Executive"back
[4] S.R. 1999 No. 481 Article 6(e) and Schedule 4 Part Vback