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The Housing (Northern Ireland) Order 1988


This is the original version (as it was originally made).

Supplementary provisions as to regulations under Articles 22 and 23

24.—(1) This Article applies to regulations under Article 22 or 23 (regulations conferring right to loan, or power to make loan, in respect of service charges).

(2) The regulations shall provide that the loan—

(a)in the case of a loan made in pursuance of regulations under Article 22 (the right to a loan), shall be on such terms as may be prescribed, and

(b)in the case of a loan made by virtue of regulations under Article 23 (power to make loan), shall be on such terms as the Executive may determine subject to any provision made by the regulations;

and shall, in either case, be secured by a mortgage of the flat in question, but may be made whether or not the flat is adequate security for the loan.

(3) The regulations may—

(a)as regards the rate of interest payable on the loan, either prescribe the rate or provide that the rate shall be such reasonable rate as may be determined by the Executive;

(b)as regards the administrative expenses of the Executive in connection with a loan, provide that the Executive may charge such expenses to the borrower, to the extent that they do not exceed such amount as may be prescribed, and that the expenses so charged may, at the option of the borrower in the case of a loan under Article 22 and that the option of the lender in the case of a loan under Article 23, be added to the amount of the loan.

(4) The regulations may apply whenever the lease in question was granted or assigned or whenever the service charge in question became payable.

(5) The regulations—

(a)may contain such incidental, supplementary and transitional provisions as the Department considers appropriate; and

(b)shall be made subject to negative resolution.

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