SCHEDULES

SCHEDULE 5MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 2

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

1

The Administration Act is amended as follows.

2

In section 128E (information about attainment of standards), in subsection (1)—

a

for “section 128D(3)” substitute “ section 128D(3A) or (3B) ”;

b

after paragraph (a) insert—

aa

whether the Housing Executive has taken the action which it has been directed to take;

c

in paragraph (b) after “those standards” insert “ or take that action ”.

3

1

Section 128F (enforcement notices) is amended as follows.

2

In subsection (1)—

a

for “section 128D(3)” substitute “ section 128D(3A) or (3B) ”;

b

after paragraph (a) insert—

aa

is not satisfied that the Housing Executive has taken the action which it has been directed to take;

c

in paragraph (b) after “those standards” insert “ or take that action ”.

3

In subsection (2)(a), after “paragraph (a)” insert “ , (aa) ”.

4

In subsection (4), at the beginning insert “ If the notice identifies directions under section 128D(3A) above, ”.

5

After subsection (4) insert—

4A

If the notice identifies directions under section 128D(3B) above, the Housing Executive's response shall either—

a

state that the Housing Executive has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or

b

state that the Housing Executive has not taken the action, or is not likely to take it within that time, and (if the Housing Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision.

4

1

Section 128G (enforcement determinations) is amended as follows.

2

In subsection (1)—

a

in paragraph (a) after “the standards” insert “ or taken the action ”;

b

in paragraph (b) after “those standards” insert “ or take that action ”.

3

In subsections (3) and (5)(c), after “the standards” insert “ or the taking of the action ”.

5

In section 167(1) (interpretation), in the definition of “prescribe” at the end add “ and “prescribed” must be construed accordingly ”.