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The Housing (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Emergency grants

This section has no associated Explanatory Memorandum

138.  After Article 29 of the Order of 1988 (scheme for purchase of evacuated dwellings) there shall be inserted—

Scheme for emergency grants

29A.(1) The Executive shall submit to the Department a scheme making provision to pay grants to persons—

(a)who are eligible tenants of houses, and

(b)who, in consequence of acts of violence, threats to commit such acts or other intimidation, are unable or unwilling to occupy those houses.

(2) A person is an eligible tenant of a house for the purposes of a scheme if, and only if, he has—

(a)a secure tenancy, within the meaning of Article 25 of the Order of 1983;

(b)a protected tenancy or a statutory tenancy, within the meaning of the Rent (Northern Ireland) Order 1978; or

(c)a tenancy of another description specified for the purposes of this paragraph by order of the Department.

(3) A scheme shall include provision as to—

(a)the circumstances in which grants are to be payable;

(b)the method by which (subject to paragraph (5)) the amount of grant payable to any person is to be calculated;

(c)the conditions which may be attached to a grant, including, in particular, conditions for repayment, in circumstances specified in the scheme, of the whole or part of the grant; and

(d)any other matter specified by the Department.

(4) A scheme may include such further provision as the Executive considers appropriate.

(5) The Department may by order specify the maximum amount of grant which may be paid to a person under a scheme.

(6) The Department may approve a scheme submitted under paragraph (1) with or without modifications.

(7) The Executive shall comply with a scheme approved by the Department under paragraph (6).

(8) The Executive may at any time, and if the Department so directs shall, submit to the Department proposals for amending a scheme approved under paragraph (6) or a scheme replacing any such scheme, and paragraphs (6) and (7) shall have effect in relation to those proposals or a scheme replacing an existing scheme as they have effect in relation to a scheme.

(9) An order made under paragraph (2)(c) or (5) shall be subject to negative resolution.

(10) The powers of the Executive shall be deemed always to have included power to make and operate a scheme making provision corresponding to that mentioned in paragraph (1)..

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