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The Social Security (Northern Ireland) Order 1990

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Grants for the improvement of energy efficiency in certain dwellings, etc.N.I.

17 .F1[F2(1) The Department of Economic Development may make or arrange for the making of grants—

(a)towards the cost of carrying out work for the purpose of—

(i)improving the thermal insulation of dwellings, or

(ii)otherwise reducing or preventing the wastage of energy in dwellings (whether in connection with space or water heating, lighting, the use of domestic appliances or otherwise), and

(b)where any such work is, or is to be, carried out, towards the cost of providing persons with advice on reducing or preventing the wastage of energy in dwellings;

but no grants shall be made under this Article except in accordance with regulations made by that Department.]

F2(2) The regulations may make provision with respect to—

(a)the descriptions of dwelling and work in respect of which a grant under paragraph (1)(a) may be made;

(b)the nature and extent of the advice with respect to the provision of which grants under paragraph (1)(b) may be made;

(c)the descriptions of person from whom an application for a grant under paragraph (1)(a) or (b) may be entertained;

(d)the persons to whom such an application is to be made;

(e)the payment of such grants to persons other than the applicant;

(f)the conditions on which such a grant may be made.

(3) The regulations—

(a)may specify or make provision for determining the amount or maximum amount of any grant under this Article; and

(b)may include provision requiring work to comply with standards of materials and workmanship (whether prescribed standards, or standards otherwise laid down by a prescribed person) if it is to be eligible for a grant under paragraph (1)(a).

(4) Paragraphs (1) to (3) shall apply in relation to any building in multiple occupation as they apply in relation to a dwelling; and for this purpose “building in multiple occupation” means a building, which is occupied by persons who do not form a single household, exclusive of any part of the building which is occupied as a separate dwelling by persons who form a single household.

(5) The Department of Economic Development may delegate any of its functions in relation to grants under this Article to such persons as it may determine, and may pay to any person to whom functions are so delegated, or upon whom functions are otherwise conferred under this Article, such fees as may be agreed.

(6) Without prejudice to the generality of the powers conferred by this Article, the regulations may make provision for any of the following matters, that is to say—

(a)for appointing for any particular area a person (an “administering agency”) to perform in that area such functions as the Department of Economic Development may confer upon him for the purposes of, or otherwise in connection with, this Article (whether those functions are prescribed, or specified otherwise than in regulations);

(b)for the administering agency for any area to select, in accordance with criteria (whether prescribed criteria, or criteria otherwise laid down by a prescribed person), and register as the network installer for any particular locality within that area, a person capable of carrying out, or arranging for the carrying out of, work in respect of which grants under paragraph (1)(a) may be made, to perform in that locality such functions as the Department of Economic Development or that agency may confer upon that person for the purposes of, or otherwise in connection with, this Article (whether those functions are prescribed, or specified otherwise than in regulations);

(c)for the allocation by the Department of Economic Development to an administering agency of the sums which are to be available to that agency in any period for the purpose of making grants under this Article in that period, and for the re-allocation of any sums so allocated;

(d)for the allocation by an administering agency to a network installer of an amount which represents the total amount of grant under this Article which the agency determines is, or is to be, available for any period in respect of work carried out, and advice given, by that installer and any sub-contractors of his in that period, and for the re-allocation of any amount so allocated.

(7) The provision that may be made in regulations by virtue of paragraph (6) includes provision—

(a)for the making of appointments, or the conferring of functions, under that paragraph to be effected in whole or in part by or under a contract made between prescribed persons and for requiring any such contract to contain prescribed terms and conditions or terms and conditions with respect to prescribed matters;

(b)for terminating any appointment as an administering agency or any registration as a network installer;

(c)for conferring upon network installers the exclusive right to apply for grants by virtue of paragraph (4);

(d)for conferring upon administering agencies functions relating to the general oversight of network installers and the verification of claims made, and information supplied, by them.

(8) Regulations under this Article shall not be made without the consent of the Department of Finance and Personnel.

(9) Regulations under this Article shall be subject to negative resolution.

(10) In this Article—

“functions” means powers and duties and includes the exercise of a discretion with respect to any matter;

[F3“materials” includes space and water heating systems;]

F3“prescribed” means specified in, or determined in accordance with, regulations under this Article;

“regulations” means regulations made by the Department of Economic Development.

F1functions transf. by SRs 1997/391, 1999/481

F21996 NI 21

F31996 NI 21

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