Welfare Reform Act (Northern Ireland) 2007

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

1.  The Administration Act is amended as follows.

2.  In section 128E (information about attainment of standards), in subsection (1)—

(a) for “section 128D(3)” substitute “section 128D(3A) or (3B)”;

(b) after paragraph (a) insert—

“(aa) whether the Housing Executive has taken the action which it has been directed to take;”;

(c) in paragraph (b) after “those standards” insert “or take that action”.

3.—(1) Section 128F (enforcement notices) is amended as follows.

(2) In subsection (1)—

(a) for “section 128D(3)” substitute “section 128D(3A) or (3B)”;

(b) after paragraph (a) insert—

“(aa) is not satisfied that the Housing Executive has taken the action which it has been directed to take;”;

(c) in paragraph (b) after “those standards” insert “or take that action”.

(3) In subsection (2)(a), after “paragraph (a)” insert “, (aa)”.

(4) In subsection (4), at the beginning insert “If the notice identifies directions under section 128D(3A) above,”.

(5) After subsection (4) insert—

“(4A) If the notice identifies directions under section 128D(3B) above, the Housing Executive’s response shall either—

(a) state that the Housing Executive has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or

(b) state that the Housing Executive has not taken the action, or is not likely to take it within that time, and (if the Housing Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision.”.

4.—(1) Section 128G (enforcement determinations) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) after “the standards” insert “or taken the action”;

(b) in paragraph (b) after “those standards” insert “or take that action”.

(3) In subsections (3) and (5)(c), after “the standards” insert “or the taking of the action”.

5.  In section 167(1) (interpretation), in the definition of “prescribe” at the end add “and “prescribed” must be construed accordingly”.