3.—(1) Broad rental market area determinations taking effect on the day on which these regulations come into force are determined in accordance with paragraph (7) and all other broad rental market area determinations are determined in accordance with paragraphs (2) to (6).
(2) The Executive, at such times as it considers appropriate and if the Department agrees, shall—
(a)determine one or more broad rental market areas, and
(b)in respect of that broad rental market area, or those broad rental market areas, give to the Department a notice which identifies the areas and the postcodes contained within the broad rental market area (or each of them).
(3) A broad rental market area is an area within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.
(4) A broad rental market area must contain—
(a)residential premises of a variety of types, including such premises held on a variety of tenures, and
(b)sufficient privately rented residential premises to ensure that, in the Executive’s opinion, the local housing allowance for the categories of dwelling in the area for which the Executive is required to determine a local housing allowance is representative of the rents that a landlord might reasonably expect to obtain in that area.
(5) Every part of Northern Ireland must fall within a broad rental market area and a broad rental market area must not overlap with another broad rental market area.
(6) Any broad rental market area determination made in accordance with paragraph (2) shall take effect—
(a)on the day the determination is made for the purpose of enabling the Executive to determine a local housing allowance for that area, and
(b)for all other purposes on the next 7th April following the day on which the determination is made.
(7) For broad rental market area determinations that take effect on the day on which these regulations come into force, the Executive must use the broad rental market area determinations in accordance with regulation 3 and the Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(1) that apply on that day.