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The Housing (Northern Ireland) Order 1992

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Recovery, etc. of grantsN.I.

35.—(1) Where a grant to which this Article applies, that is to say—

(a)a grant under Article 33 [F1, 33A] or 34, or

(b)a grant under Article 137 of the Order of 1981 or any provision replaced by that Article,

has been made to a registered housing association, the powers conferred by paragraph (2) are exercisable [F2by the grantor] in such events (including the association not complying with any conditions) as the Department may determine (in this Article referred to as “relevant events”).

(2) [F3The grantor], acting in accordance with such principles as [F4the Department] may determine, may—

(a)reduce the amount of, or of any payment in respect of, the grant;

(b)suspend or cancel any instalment of the grant; or

(c)direct the association to pay to it an amount equal to the whole, or such proportion as it may specify, of the amount of any payment made to the association in respect of the grant,

and a direction under sub-paragraph (c) requiring the payment of any amount may also require the payment of interest on that amount in accordance with paragraphs (6) to (8).

(3) Where, after a grant to which this Article applies has been made to an association, a relevant event occurs, the association shall notify [F5the grantor] and, if so required by written notice of [F5the grantor] , shall furnish it with such particulars of and information relating to the event as are specified in the notice.

(4) Where—

(a)a grant to which this Article applies has been made to an association, and

(b)at any time property to which the grant relates becomes vested in, or is leased for a term of years to, or reverts to, some other registered housing association,

this Article (including this paragraph) shall have effect after that time as if the grant, or such proportion of it as is specified or determined under paragraph (5), had been made to that other association.

(5) The proportion referred to in paragraph (4) is that which, in the circumstances of the particular case—

(a)[F6the grantor], acting in accordance with such principles as [F7the Department] may determine, may specify as being appropriate; or

(b)[F8the grantor] may determine to be appropriate.

(6) A direction under paragraph (2)(c) requiring the payment of interest on the amount directed to be paid to [F9the grantor] shall specify in accordance with paragraph (8)—

(a)the rate or rates of interest (whether fixed or variable) which is or are applicable;

(b)the date from which interest is payable, being not earlier than the date of the relevant event; and

(c)any provision for suspended or reduced interest which is applicable.

(7) In paragraph (6)(c)—

(a)the reference to a provision for suspended interest is a reference to a provision whereby, if the amount which is directed to be paid to [F10the grantor] is paid before a date specified in the direction, no interest will be payable for any period after the date of the direction; and

(b)the reference to a provision for reduced interest is a reference to a provision whereby, if that amount is so paid, any interest payable will be payable at a rate or rates lower than the rate or rates which would otherwise be applicable.

(8) The matters specified in a direction as mentioned in sub-paragraphs (a) to (c) of paragraph (6) shall be either—

(a)such as [F11the grantor] , acting in accordance with such principles as [F12the Department] may determine, may specify as being appropriate, or

(b)such as [F13the grantor] may determine to be appropriate in the particular case.

[F14(9) In this Article “the grantor” means—

(a)in relation to—

(i)any grant made under Article 33 before the commencement date to a registered housing association which is not a designated association, and

(ii)any grant made under that Article after that date,

the Executive;

(b)in relation to—

(i)any grant made under Article 33 before the commencement date to a designated association, and

(ii)any grant, whenever made, under any other provision mentioned in paragraph (1),

the Department.

(10) In paragraph (9)—

(a)the commencement date” means the date on which Article 3 of the Housing (Amendment) (Northern Ireland) Order 2006 comes into operation; and

(b)designated association” has the meaning given in Article 33(1B).]

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