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Housing (Northern Ireland) Order 1981

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[F1Exclusion ordersN.I.

34.(1) Where the Executive is satisfied that a house comprised in a clearance order, which has been confirmed by the Department—

(a)has been made fit for human habitation, or

(b)will be made fit for human habitation if excluded from the clearance area,

the Executive may make and submit for confirmation by the Department an exclusion order excluding the house from the clearance area and modifying or revoking the clearance order accordingly.

(2) If it appears to the Executive that any house or other building, which has not been included in a clearance order, would not have been included in the clearance area but for the inclusion in the clearance area of the house to be excluded under paragraph (1), the exclusion order shall provide that that building shall also be excluded from the clearance area.

(3) An exclusion order may be made notwithstanding that the effect of the order in excluding any building from the clearance area is to sever that area into 2 or more separate and distinct areas, and in any such case Part I of Schedule 4 shall apply as if those areas formed one clearance area.

(4) For the purposes of this Article the Executive may accept an undertaking from an owner of the building, or any other person who has or will have an estate in the building and in particular undertakings concerning—

(a)the works to be carried out to make the building fit for human habitation, and the time within which the works are to be carried out, and

(b)the repayment of any sums paid by the Executive under—

(i)Chapter II of Part V,

(ii)section 36 or 37 of the Housing Act (Northern Ireland) 1971, or

(iii)section 2 of the Housing Act (Northern Ireland) 1961

(5) Part II of Schedule 4 shall have effect in relation to exclusion orders.]

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