Housing (Northern Ireland) Order 1981

[F1 Executive to consider guidance given by Department in deciding whether to take action under Article 32, 35, 38, 41 or 47 N.I.

46A.— (1) In deciding for the purposes of Articles 32, 35, 38, 41 or 47 whether the most satisfactory course of action, in respect of any house or building, is, if applicable—

(a) serving notice under paragraph (1) of Article 41; or

(b) serving notice under paragraph (2) of that Article; or

(c) making a closing order under paragraph (1) of Article 38; or

(d) making a closing order under paragraph (2) of that Article with respect to the whole or a part of the building concerned; or

(e) making a demolition order under paragraph (1) of Article 35; or

(f) making a demolition order under paragraph (2) of that Article; or

(g) declaring the area in which the house or building is situated to be a clearance area in accordance with Article 32; or

(h) declaring the area in which the house or building is situated to be a re-development area in accordance with Article 47;

the Executive shall have regard to such guidance as may be given by the Department.

(2) Without prejudice to the matters in respect of which the Department may give guidance generally, it may, in particular, give guidance in respect of financial and social considerations to be taken into account by the Executive.

(3) Where the Department proposes to give guidance under paragraph (1), or to revise guidance already given, it shall lay a draft of the proposed guidance or alterations before the Northern Ireland Assembly and—

(a) the Department shall not give the guidance or revise the guidance until after the expiration of the statutory period; and

(b) if within that period the Assembly resolves that the guidance or alterations be withdrawn the Department shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).]

F1 1992 NI 15