38.—(1) In this Chapter, except where the context otherwise requires,—
“certified date” means the date certified by the Executive as the date on which the execution of the eligible works is completed to its satisfaction;
“charity” does not include a registered housing association but, subject to that, has the same meaning as in the Charities Act (Northern Ireland) 1964(1);
“common parts”, in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;
“disabled person” has the meaning assigned by Article 52(6);
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“the eligible works” shall be construed in accordance with Article 54(2)(a);
“the estimated expense” shall be construed in accordance with Article 54(2);
“flat”, in relation to a building, means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building;
“group repair scheme” has the meaning assigned by Article 65(1);
“house in multiple occupation” has the same meaning as in Part IV;
“improvement” includes alteration and enlargement;
“initial period” means the period of 5 years beginning with the certified date;
“landlord’s common parts application” has the meaning assigned by Article 43(2)(b);
“occupying tenant” has the meaning assigned by Article 43(2)(a);
“owner”, in relation to a dwelling, means the person who—
is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and
is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord;
and, in relation to a house in multiple occupation, “owner” has the same meaning as in Article 2 of the Order of 1981;
“owner’s interest” has the meaning assigned by Article 42(2);
“participating landlord” has the meaning assigned by Article 43(3);
“preliminary or ancillary services and charges” has the meaning assigned by Article 40(3);
“the relevant works” has the meaning assigned by Article 40(2)(a);
“tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;
“tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;
“tenants' common parts application” has the meaning assigned by Article 43(2)(c).
(2) Article 2(4) and (5) of the Order of 1981 (meaning of “members of a person’s family”) shall apply in determining whether a person is a member of another’s family for the purposes of this Part.