The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007

Directions by Department

Directions

59.—(1) This regulation applies where—

(a) a copy of a report has been sent to the Executive under regulation 58(2) (reports);

(b) a report has been laid before the Assembly under Article 21(5) of the Housing (Northern Ireland) Order 1981(1); or

(c) a copy of a report has been sent to the Executive under regulation 64(7).

(2) The Department may invite the Executive to consider the report and to submit proposals for—

(a) improving the Executive’s performance in relation to the prevention and detection of fraud relating to rate relief or otherwise in relation to the administration of that relief; and

(b) remedying any failings identified by the report.

(3) After considering the report and any proposals made by the Executive in response to it, the Department may give directions to the Executive as to—

(a) standards which the Executive is to attain in the prevention and detection of fraud relating to rate relief or otherwise in the administration of that relief; and

(b) the time within which the standards are to be attained.

(4) When giving directions to the Executive under paragraph (3), the Department may make recommendations to the Executive setting out any course of action which the Department thinks the Executive might take to attain the standards which it is directed to attain.

Information about attainment of standards

60.—(1) Where directions have been given to the Executive under regulation 59(3), the Department may require the Executive to supply to it any information which the Department considers may assist it in deciding—

(a) whether the Executive has attained the standards which it has been directed to attain; or

(b) whether the Executive is likely to attain those standards within the time specified in the directions.

(2) Information may be supplied under paragraph (1) in such manner and form as the Department may require.

Enforcement notices

61.—(1) Where directions have been given to the Executive under regulation 59(3) and the Department—

(a) is not satisfied that the Executive has attained the standards which it has been directed to attain; or

(b) is not satisfied that the Executive is likely to attain those standards within the time specified in the directions,

the Department may serve on the Executive a written notice under this regulation.

(2) The notice shall—

(a) identify the directions and state why the Department is not satisfied as mentioned in paragraph (a) or (b) of paragraph (1); and

(b) require the Executive to submit a written response to the Department within a time specified in the notice.

(3) If any person (other than the Executive) carrying out work relating to the administration of rate relief may be affected by any determination which may be made under regulation 62 (enforcement determination), the Executive shall—

(a) consult that person before submitting its response; and

(b) include in its response any relevant observations made by that person.

(4) The Executive’s response shall either—

(a) state that the Executive has attained the standards, or is likely to attain them within the time specified in the directions, and justify that statement; or

(b) state that the Executive has not attained the standards, or is not likely to attain them within that time, and (if the Executive wishes) give reasons why a determination under regulation 62 should not be made or should not include any particular provision.

(5) The notice may relate to any one or more matters covered by the directions.

(6) The serving of a notice under this regulation relating to any directions or matter does not prevent the serving of further notices under this regulation relating to the same directions or matter.

Enforcement determination

62.—(1) Where, after the time specified in the notice under regulation 61, has expired, the Department—

(a) is not satisfied that the Executive has attained the standards in question; or

(b) is not satisfied that the Executive is likely to attain those standards within the time specified in the directions,

the Department may make a determination under this regulation.

(2) The determination may be made whether or not the Executive has responded to the notice under regulation 61.

(3) The determination shall be designed to secure the attainment of the standards in question and—

(a) shall include provision such as is specified in paragraph (4); and

(b) may also include provision such as is specified in paragraph (5).

(4) The provision referred to in paragraph (3)(a) is provision that the Executive must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which—

(a) falls to be carried out in pursuance of the Executive’s functions relating to the administration of rate relief; and

(b) is of a description specified in the determination.

(5) The provision referred to in paragraph (3)(b) is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates—

(a) provision that it may not be carried out by the Executive;

(b) provision that it may not be carried out by any person (other than the Executive) who has been carrying it out; and

(c) provision that any contract made by the Executive with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards in question.

Enforcement determination: Supplementary

63.—(1) The provisions included in a determination, under regulation 62, shall take effect from a date specified in the determination; and different dates may be specified in relation to different provisions.

(2) The making of a determination under regulation 62 in relation to any directions which does not prevent the making of further determinations under that paragraph in relation to the same directions.

(3) The provision included in a determination by virtue of regulation 62(3) may include—

(a) requirements that the Department be satisfied as to any specified matter; and

(b) requirements that the Department authorise or consent to any specified matter.

(4) The provision so included may also include provision as to the time at which any contract for the carrying out of work to which the determination relates (and which is not previously discharged) is to be taken to be frustrated by the determination.

(5) A determination under regulation 62 shall have effect in spite of any statutory provision under or by virtue of which the Executive is required or authorised to carry out any work to which the determination relates.

Role of NIAO auditors in relation to rate relief

64.—(1) The Department may request an auditor of the Northern Ireland Audit Office (“NIAO auditor”) to conduct or assist the Department in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by the Executive of functions relating to the administration of rate relief.

(2) In this regulation “study” means a study which a NIAO auditor is requested to conduct, or assist the Department in conducting, under paragraph (1).

(3) If a NIAO auditor requires the Executive or any officer or member of the Executive to supply him or an authorised person with such information as is needed for the purposes of the study, the Executive or officer or member shall supply the information.

(4) If a NIAO auditor requires the Executive to make available for inspection by him or by an authorised person documents which relate to the Executive and are needed for the purposes of the study, the Executive shall make the documents available.

(5) Any information obtained under a requirement under paragraph (3) or (4) may be disclosed by a NIAO auditor to the Department for the purposes of any of its functions which are connected with rate relief.

(6) In paragraphs (3) and (4) “authorised person” means a person authorised by a NIAO auditor for the purposes of this regulation.

(7) A NIAO auditor shall send to the Department a copy of any report of a study; and the Department or a NIAO auditor may send a copy of a report of a study to the Executive.

(8) Any report of a study may be published by the Department.

(9) A NIAO auditor shall not conduct, or assist the Department in conducting, a study unless, before he does so, the Department has made arrangements for the payment of such reasonable amount as may be agreed between it and the auditor in respect of the study.

(10) The Department may supply to a NIAO auditor any information held by it which relates to rate relief and which appears to it to be relevant to the exercise of any function of the auditor.

(1)

S.I. 1981/156 (N.I. 3)