Housing (Northern Ireland) Order 1981

Registration of certain matters as statutory charges N.I.

161.—(1) There shall be included among the matters which are required to be registered in the Statutory Charges Register—

[F1 (za) any charge created under Article 9;]

(a) any clearance order made under Article 33;

(b) any notice served under Article 35;

[F2 (bb) any closing order made under Article 38;]

(c) any charge created under Article 42;

(d) any declaration made under Article 47 declaring an area to be a proposed re-development area;

(e) any declaration made under Article 52 declaring an area to be a housing action area, any extension of the duration of a housing action area under Article 53(2) and any amendment of such a declaration under Article 54;

Sub‐paras.(f)‐(g) rep. by 1992 NI 15

(h) the statutory condition attaching by virtue of Article 123 to land held by a registered housing association and to grant-aided land as defined in Schedule 9 held by an unregistered housing association.

(2) An application for registration of—

(a) any of the matters mentioned in sub-paragraphs [F3 (za)] to ( g) of paragraph (1) shall be made by the Executive within 2 months after the Executive has [F4 advanced the money,] made the order or declaration, served the notice or paid the grant, as the case may be;

(b) the statutory condition attaching to any land mentioned in sub-paragraph ( h) of paragraph (1) shall be made by the Department—

(i) where land is held by a housing association at the date of the coming into operation of this Order, within one month of that date,

(ii) where land is acquired by a housing association after the date of the coming into operation of the Order, as soon as reasonably practicable after the acquisition of the land.

(3) Any person who suffers loss by reason of the failure of the Executive to comply with paragraph (2)( a) in so far as it relates to the matters mentioned in paragraph (1)( a), ( b) or ( d) or the failure of the Department to comply with paragraph (2)( b) may bring proceedings in any court of competent jurisdiction against the Executive or, as the case may be, the Department and recover from it the amount of that loss.

F1 Art. 161(1)(za) inserted (9.7.2016) by Housing (Amendment) Act (NorthernIreland) 2016 (c. 17), ss. 3(2)(a), 4

F2 1992 NI 15

F3 Word in art. 161(2)(a) substituted (9.7.2016) by Housing (Amendment) Act (NorthernIreland) 2016 (c. 17), ss. 3(2)(b)(i), 4

F4 Words in art. 161(2)(a) inserted (9.7.2016) by Housing (Amendment) Act (NorthernIreland) 2016 (c. 17), ss. 3(2)(b)(ii), 4