The Housing (Northern Ireland) Order 1992

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Housing (Northern Ireland) Order 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Order, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Sch. 4A inserted by 2011 c. 13 (N.I.) Sch. 2
art. 21-21C substituted for art. 21 by 2010 c. 9 (N.I.) s. 6
art. 90AA inserted by 2011 c. 13 (N.I.) s. 4(2)

Commencement Orders yet to be applied to the The Housing (Northern Ireland) Order 1992:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

S.R. 2010/251 art. 2 3 commences (2010 c. 9 (N.I.))
S.R. 2011/159 art. 2 commences (2011 c. 13 (N.I.))
S.R. 2011/241 art. 2 Sch. 1 2 commences (2011 c. 22 (N.I.))
S.R. 2012/13 art. 2 commences (2011 c. 23 (N.I.))

Recovery, etc. of grantsN.I.

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

(a)a grant under Article 33 [F1, 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 [F2by 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) [F3The grantor], acting in accordance with such principles as [F4the 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 [F5the grantor] and, if so required by written notice of [F5the 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)[F6the grantor], acting in accordance with such principles as [F7the Department] may determine, may specify as being appropriate; or

(b)[F8the 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 [F9the 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 [F10the 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 [F11the grantor] , acting in accordance with such principles as [F12the Department] may determine, may specify as being appropriate, or

(b)such as [F13the grantor] may determine to be appropriate in the particular case.

[F14(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).]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1Word in art. 35(1)(a) inserted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(2)(a); S.R. 2007/37, art. 2

F2Words in art. 35(1) inserted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(2)(b); S.R. 2007/37, art. 2

F3Words in art. 35(2) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(3)(a); S.R. 2007/37, art. 2

F4Words in art. 35(2) substituted (1.4.2007) by The Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(3)(b); S.R. 2007/37, art. 2

F5Words in art. 35(3) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(4); S.R. 2007/37, art. 2

F6Words in art. 35(5)(a) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(5)(a)(i); S.R. 2007/37, art. 2

F7Words in art. 35(5)(a) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(5)(a)(ii); S.R. 2007/37, art. 2

F8Words in art. 35(5)(b) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(5)(b); S.R. 2007/37, art. 2

F9Words in art. 35(6) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(6); S.R. 2007/37, art. 2

F10Words in art. 35(7)(a) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(6); S.R. 2007/37, art. 2

F11Words in art. 35(8)(a) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(7)(a)(i); S.R. 2007/37, art. 2

F12Words in art. 35(8)(a) substituted (1.4.2007) by Housing (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/3337 (N.I. 22)), arts. 1(3), 3, Sch. para. 6(7)(a)(ii); S.R. 2007/37, art. 2