Northern Ireland Orders in Council

(a) the Housing (Northern Ireland) Order 1981 (NI 3);

(b) the Housing (Northern Ireland) Order 1983 (NI 15);

(c) the Housing (Northern Ireland) Order 1986 (NI 13);

(d) the Housing (Northern Ireland) Order 1988 (NI 23);

(e) the Housing (Northern Ireland) Order 1992 (NI 15); and

(f) this Order,

"adopt" (in relation to a periodic tenancy) shall be construed in accordance with Article 6(4);

"introductory tenancy" shall be construed in accordance with Article 6; and

"qualifying shorthold tenancy" has the meaning given in paragraph 10 of Schedule 2 to the Order of 1983 (see Article 134(4)).

(a) in the case of a tenancy which was entered into by the Executive or a registered housing association - 


(i) the date on which the tenancy was entered into, or

(ii) if later, the date on which a tenant was first entitled to possession under the tenancy; or



(b) in the case of a tenancy which was adopted by the Executive or a registered housing association, the date of adoption;

subject as follows.

    (3) Where the tenant under an introductory tenancy was formerly a tenant under another introductory tenancy, or held a qualifying shorthold tenancy from a registered housing association, any period or periods during which he was such a tenant shall count towards the trial period, provided - 

(a) if there was one such period, it ended immediately before the date specified in paragraph (2), and

(b) if there was more than one such period, the most recent period ended immediately before that date and each period succeeded the other without interruption.

    (4) Where there are joint tenants under an introductory tenancy, the reference in paragraph (3) to the tenant shall be construed as referring to the joint tenant in whose case the application of that paragraph produces the earliest starting date for the trial period.

    (5) A tenancy ceases to be an introductory tenancy if, before the end of the trial period - 

(a) the circumstances are such that the tenancy would not otherwise be a secure tenancy,

(b) a person or body other than the Executive or a registered housing association becomes the landlord under the tenancy,

(c) the election in force when the tenancy was entered into or adopted is revoked, or

(d) the tenancy ceases to be an introductory tenancy by virtue of Article 15(3) (succession).

The date so specified must not be earlier than the date on which the tenancy could, apart from this Chapter, be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.

(a) he is the tenant's spouse, or

(b) he is another member of the tenant's family and has resided with the tenant throughout the period of 12 months ending with the tenant's death;

(a) the express terms of its introductory tenancies,

(b) the provisions of this Chapter, and

(c) the landlord's repairing obligations;

and shall ensure that so far as is reasonably practicable the information so published is kept up to date.

    (2) The landlord under an introductory tenancy shall supply the tenant with - 

(a) a copy of the information for introductory tenants published by it under paragraph (1), and

(b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;

" Ground 2
The tenant or a person residing in or visiting the dwelling-house - 


(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

(b) has been convicted of - 


(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.".

(a) engaging in or threatening to engage in conduct causing or likely to cause a nuisance or annoyance to a person residing in, visiting or otherwise engaging in a lawful activity in residential premises to which this Article applies or in the locality of such premises,

(b) using or threatening to use residential premises to which this Article applies for immoral or illegal purposes, or

(c) entering residential premises to which this Article applies or being found in the locality of any such premises.

    (2) This Article applies to residential premises of the following descriptions - 

(a) dwelling-houses held under secure tenancies or introductory tenancies;

(b) dwelling-houses held under qualifying shorthold tenancies from registered housing associations;

(c) accommodation provided under Part II of the Order of 1988 (homelessness);

(d) other accommodation provided by the Executive or a registered housing association and of such description as may be prescribed for the purposes of this Article;

(e) dwelling-houses held under private tenancies of such description as may be prescribed for the purposes of this Article.

In sub-paragraph (e) "private tenancies" has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20).

    (3) The court shall not grant an injunction under this Article unless it is of the opinion that there is a significant risk of harm to any person of a description mentioned in paragraph (1)(a) if the injunction is not granted.

    (4) An injunction under this Article may - 

(a) in the case of an injunction under paragraph (1)(a) or (b), relate to particular acts or to conduct, or types of conduct, in general or both, and

(b) in the case of an injunction under paragraph (1)(c), relate to particular premises or a particular locality;

and may be made for a specified period or until varied or discharged.

    (5) An injunction under this Article may be varied or discharged by the court on an application by - 

(a) the respondent, or

(b) the relevant landlord concerned.

    (6) The court may, in any case where it considers that it is just and convenient to do so, grant an injunction under this Article, or vary such an injunction, even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court or county court rules.

If the court does so, it must afford the respondent an opportunity to make representations relating to the injunction or variation as soon as just and convenient at a hearing of which notice has been given to all the parties in accordance with rules of court or county court rules.

    (7) In this Article "the relevant landlord" means - 

(a) in relation to residential premises of a description mentioned in any of sub-paragraphs (a) to (d) of paragraph (2), the Executive or a registered housing association, and

(b) in relation to residential premises of a description mentioned in sub-paragraph (e) of that paragraph, the landlord of the premises concerned.

"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;

"elderly" means aged 60 years or over;

"house in multiple occupation" has the same meaning as in Part IV of the Order of 1992;

"housing action area" has the same meaning as in Article 2(2) of the Order of 1981;

"improvement" includes alteration and enlargement;

"owner", in relation to a dwelling, has the meaning given by Article 32, and, in relation to a house in multiple occupation, has the same meaning as in Article 2 of the Order of 1981;

"owner's interest", in relation to any premises, means - 

(a) a freehold estate in possession (whether legal or equitable), or

(b) an interest under a tenancy granted or extended for a term of years of which not less than 10 years remain unexpired at the date of the application,

whether held by the applicant alone or jointly with others;

"partner", in relation to a person, means that person's spouse or a person other than a spouse with whom he or she lives as husband or wife;

"rack rent" means a rent which is not less than two-thirds of the net annual value of the dwelling, or a rent which has been fixed in accordance with the Rent (Northern Ireland) Order 1978 (NI 20);

"relevant authority" means the authority for the area in which the dwelling or building is situated; and references to an authority and to the area of an authority shall be construed in accordance with paragraphs (2), (3) and (4) of Article 2 of the Children (Northern Ireland) Order 1995 (NI 2);

"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.

    (2) Subject to paragraph (3) a tenancy is a long tenancy for the purposes of this Part if - 

(a) it is a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by a notice given by or to the tenant or by re-entry, forfeiture or otherwise; or

(b) it is a tenancy granted under an equity-sharing lease within the meaning of Article 31(6) of the Order of 1981.

    (3) A tenancy is not a long tenancy for those purposes if it is an interest created by way of security and liable to termination by the exercise of a right of redemption or otherwise.

    (4) In this Part references to a person being connected with the owner of a dwelling shall be construed in accordance with Article 31.

(a) shall have regard to the age and character of the dwelling, house or building and the locality in which it is situated, and

(b) shall disregard the state of internal decorative repair.

"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;

"common parts application", in relation to an application for a disabled facilities grant, means an application in respect of works to the common parts of a building containing one or more flats;

"conversion application" - 

(a) in relation to an application for a renovation grant, means an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building, and

(b) in relation to an application for an HMO grant, means an application for a grant in respect of works for the provision of a house in multiple occupation by the conversion of a house or other building;

"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.

(a) that the applicant has, or proposes to acquire, an owner's interest in every parcel of land on which the relevant works are to be carried out, or

(b) in the case of an application other than a conversion application, that the applicant is a qualifying tenant of the dwelling (alone or jointly with others) but does not have, or propose to acquire, an owner's interest in the dwelling.

    (2) References in this Chapter to an "owner's application" or a "tenant's application", in relation to a renovation grant, shall be construed accordingly.

    (3) In accordance with directions given by the Department, the Executive may treat the condition in paragraph (1)(a) as met by a person who has, or proposes to acquire, an owner's interest in only part of the land concerned.

    (4) References in this Chapter to "a qualifying owner's interest", in relation to an application for a renovation grant, are to an owner's interest meeting the condition in paragraph (1)(a) or treated by virtue of paragraph (3) as meeting that condition.

    (5) In this Chapter a "qualifying tenant", in relation to an application for a renovation grant, means a person who (alone or jointly with others) is a tenant of the premises to which the application relates - 

(a) who - 


(i) is required by the terms of his tenancy to carry out the relevant works,

(ii) who signed an agreement in respect of the tenancy before the day appointed for the coming into operation of this Article,



and whose tenancy is not of a description excluded from this paragraph by an order of the Department, or

(b) whose tenancy is of a description specified for the purposes of this paragraph by order of the Department.

    (6) In paragraph (5) "tenant" includes a person having a licence to occupy the premises concerned which satisfies such conditions as may be specified by order of the Department.

References in this Chapter to tenants and other expressions relating to tenancies, in the context of a tenant's application for a renovation grant, shall be construed accordingly.

(a) a protected tenancy,

(b) a statutory tenancy, or

(c) a tenancy or licence which satisfies such conditions as may be specified by order of the Department,

and who occupies the flat as his only or main residence.

References in this Chapter to other expressions relating to tenancies, in the context of an application for a common parts grant, shall be construed accordingly.

    (3) The "required proportion" mentioned in paragraph (1) is three-quarters or such other proportion as may be - 

(a) specified for the purposes of this Article by an order of the Department, or

(b) approved by the Department, in relation to a particular case or description of case, on application made by the Executive.

(a) that the applicant has, or proposes to acquire, an owner's interest in every parcel of land on which the relevant works are to be carried out, or

(b) that the applicant is a tenant (alone or jointly with others) - 


(i) in the case of an application in respect of works to a dwelling, of the dwelling, or

(ii) in the case of a common parts application, of a flat in the building,



and, in either case, does not have or propose to acquire such an owner's interest as is mentioned in sub-paragraph (a).

    (2) References in this Chapter to an "owner's application" or a "tenant's application", in relation to a disabled facilities grant, shall be construed accordingly.

    (3) In accordance with directions given by the Department, the Executive may treat the condition in paragraph (1)(a) as met by a person who has, or proposes to acquire, an owner's interest in only part of the land concerned.

    (4) In this Chapter, in relation to an application for a disabled facilities grant - 

(a) "qualifying owner's interest" means an owner's interest meeting the condition in paragraph (1)(a) or treated by virtue of paragraph (3) as meeting that condition; and

(b) "qualifying tenant" means a tenant who meets the conditions in paragraph (1)(b).

    (5) In this Chapter "tenant", in relation to a disabled facilities grant, includes - 

(a) a person who has a protected tenancy or statutory tenancy,

(b) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and

(c) a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Department,

(a) has or proposes to acquire a qualifying owner's interest in the house, and

(b) intends that throughout the grant condition period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.

In sub-paragraph (b) "residential occupation" does not include occupation for a holiday and "tenancies" does not include a long tenancy.

But in determining for the purposes of the application the physical condition of the dwelling, common parts or house or other building concerned, the Executive shall consider the condition of the premises at the date of the application.

    (4) Subject as follows, the Executive shall not approve an application for a grant if the relevant works have been completed.

    (5) Nothing in this Article applies to an application for a grant in respect of works necessary - 

(a) to render a dwelling fit for human habitation or to comply with a notice under Article 41 of the Order of 1981 (repair notices), or

(b) to enable a house in multiple occupation to meet one or more of the requirements in Article 80(2) of the Order of 1992 (fitness for the number of occupants) or to comply with a notice under that Article.

(a) which of the relevant works are eligible for grant (in this Chapter referred to as "the eligible works"),

(b) the amount of the expenses which in its opinion are properly to be incurred in the execution of the eligible works,

(c) the amount of the costs which in its opinion have been properly incurred, or are properly to be incurred, with respect to preliminary or ancillary services and charges, and

(d) the amount of grant it has decided to pay, taking into account all the relevant provisions of this Chapter.

The total of the amounts referred to in sub-paragraphs (b) and (c) is referred to in this Chapter as "the estimated expense".

    (3) If the Executive notifies the applicant under paragraph (1) that the application is approved, the Executive shall specify in the notice - 

(a) the eligible works,

(b) the amounts referred to in paragraph (2)(b) and (c), and

(c) the amount of the grant.

    (4) If the Executive notifies the applicant under paragraph (1) that the application is refused, the Executive shall at the same time notify him of the reasons for the refusal.

    (5) If after an application for a grant has been approved the Executive is satisfied that owing to circumstances beyond the control of the applicant - 

(a) the eligible works cannot be, or could not have been, carried out on the basis of the amount of expenses referred to in paragraph (2)(b),

(b) the amount of the costs which have been or are to be incurred as mentioned in paragraph (2)(c) has been increased, or

(c) the eligible works cannot be, or could not have been, carried out without carrying out additional works which could not have been reasonably foreseen at the time the application was made,

the Executive may re-determine the estimated expense and the amount of the grant.

    (6) Where an application for a grant is approved, the Executive may (without prejudice to the following provisions of this Chapter) impose such conditions in relation to the approval or payment of the grant as it considers appropriate.

(a) in whole after the completion of the eligible works, or

(b) in part by instalments as the works progress and the balance after completion of the works.

(a) any works towards the cost of which a grant under this Chapter is payable or might be paid on an application duly made and approved, and

(b) any further works which it is in the Executive's opinion necessary or desirable to execute together with the works mentioned in sub-paragraph (a).

    (2) Except in the case of a common parts grant, the "requisite interest" means a qualifying owner's interest for the purposes of a renovation grant, or an owner's interest for the purposes of a disabled facilities grant or HMO grant, as the case may be.

    (3) In the case of a common parts grant, the reference in paragraph (1) to a person having the requisite interest is a reference to the person who has - 

(a) an owner's interest in the building, or

(b) such an interest in a flat in the building as is mentioned in Article 45(2)(a) to (c) (occupying tenants),

and has a power or duty to carry out the relevant works.

(a) to put in reasonable repair the exterior of buildings to which the scheme relates, or

(b) to render the buildings to which the scheme relates structurally stable,

(a) he has an owner's interest in a dwelling or other premises comprised in a building to which the scheme relates, and

(b) as respects the dwelling or other premises in which he has an owner's interest he either - 


(i) is able to give possession of any part of the building to which scheme works are proposed to be carried out, or

(ii) has the consent of the occupier of that part to the carrying out of those works.

In the case of a scheme not submitted for specific approval, the date of approval shall be taken to be the date on which the Executive decides that the scheme fulfils the criteria for general approval.

    (2) A person eligible to participate in a group repair scheme may participate as an assisted participant - 

(a) if the owner's interest which he has is an interest in a dwelling and he gives an owner-occupation certificate or a certificate of intended letting, or

(b) if the owner's interest which he has is an interest in a house in multiple occupation and he gives a certificate of future occupation.

This paragraph is subject to the exceptions specified in paragraph (7) or (8), or by order under paragraph (9).

    (3) An "owner-occupation certificate" certifies that the person concerned - 

(a) has an owner's interest in the dwelling, and

(b) intends that throughout the protected period he, or a member of his family, will live in the dwelling, as his (or that member's) only or main residence.

    (4) A "certificate of intended letting" certifies that the person concerned - 

(a) has an owner's interest in the dwelling, and

(b) intends that throughout the protected period the dwelling will be let or available for letting as a residence and not for a holiday to someone other than a member of his family.

In sub-paragraph (b) "letting" does not include letting on a long tenancy.

    (5) In paragraph (4) references to letting include the grant of a licence to occupy premises.

References in this Chapter to tenants, and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.

    (6) A "certificate of future occupation" certifies that the person concerned - 

(a) has an owner's interest in the house, and

(b) intends that throughout the protected period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.

In sub-paragraph (b) "residential occupation" does not include occupation for a holiday and "tenancies" does not include a long tenancy.

The variation may relate to the participants in the scheme, the buildings to which the scheme relates, the scheme works or any other matter.

    (2) A variation is not effective unless approved by the Department.

The provisions of Article 93(2) to (4) (supplementary provisions as to approval of scheme) apply to approval of a variation.

    (3) Where a scheme is varied to enable other persons to participate, Article 94 (persons eligible to participate) applies in relation to new participants with the substitution for the reference to the date of approval of the scheme of a reference to the date of approval of the variation.

In the case of a variation not submitted for specific approval, the date of approval shall be taken to be the date on which the Executive decides that the variation fulfils the criteria for general approval.

    (4) Before varying a group repair scheme the Executive shall consult the existing participants and consider any representations made by them.

    (5) Fresh scheme consent is required in the case of an existing participant as to whom the Executive is satisfied that his interests are adversely affected by the variation.

In any other case the existing scheme consent shall be treated as extended to the scheme as varied.

That period is referred to in this Chapter as "the protected period".

    (3) For the purposes of those conditions the "balance of the cost" is the difference between - 

(a) the cost as notified to the participant under the scheme of such of the works specified in the scheme as relate to the premises in which his owner's interest subsisted, and

(b) the amount of the contribution in respect of that cost paid by him by virtue of Article 97.

(a) on any one application, or

(b) in respect of the same dwelling in any period of 3 years.

    (3) Home repair assistance shall not be given in respect of works - 

(a) for which a grant under Chapter II has been approved or in respect of which an application for a grant is pending, or

(b) which are specified in a group repair scheme approved under Chapter III or prepared and awaiting the approval of the Department.

"deferred action notice" shall be construed in accordance with Article 111;

"flat", "house" and "owner" have the meaning given in Article 2 of the Order of 1981; and

"flat in multiple occupation" has the same meaning as in Part IV of the Order of 1992.

(a) stating that the premises are unfit for human habitation,

(b) specifying the works which, in the opinion of the Executive, are required to make the premises fit for human habitation, and

(c) stating the other courses of action which are available to the Executive if the premises remain unfit for human habitation.

(a) serving a deferred action notice under Article 111 or deciding to renew such a notice under Article 114;

(b) making a demolition order under Article 35 of the Order of 1981;

(c) making a closing order under Article 38 of that Order;

(d) serving a repair notice under Article 41 of that Order.

    (2) The expenses are, in the case of the service of a notice under Article 111 or a notice under Article 41 of the Order of 1981, the expenses incurred in - 

(a) determining whether to serve the notice,

(b) identifying the works to be specified in the notice, and

(c) serving the notice.

    (3) The expenses are, in the case of a decision to renew a notice under Article 114, the expenses incurred in - 

(a) deciding whether to renew the notice, and

(b) serving notice of the Executive's decision.

    (4) The expenses are, in the case of a demolition order under Article 35 of the Order of 1981 or a closing order under Article 38 of that Order, the expenses incurred in - 

(a) determining whether to make the order, and

(b) serving notice of the order.

(a) a deferred action notice, or a notice of the Executive's decision to renew a deferred action notice, or

(b) a demand for payment of any charge under Article 116 (power to charge for enforcement action).

(a) an application for a grant by a religious denomination or body, or on behalf of a religious denomination or body by the trustees of the denomination or body; and

(b) an application for a grant made by a charity or on behalf of a charity by the trustees of the charity.

    (2) Those provisions are - 

(a) Articles 40 to 42 (conditions for application for renovation grant);

(b) Articles 50, 52 and 53 (conditions for application for disabled facilities grant);

(c) Articles 56 and 57 (conditions for application for HMO grant).

    (3) In considering under Article 62 the amount (if any) of the grant where the applicant is a charity or the application is in respect of a religious denomination, the Executive shall have regard, in addition to the matters mentioned in that Article, to any obligation or practice on the part of the applicant to let dwellings at a rent less than that which could be obtained on the open market.

    (4) In Chapter III (group repair schemes), in Article 94(2) (persons eligible to participate in group repair scheme as assisted participants) the requirement in sub-paragraph (a) that a person give an owner-occupation certificate or a certificate of intended letting does not apply if - 

(a) the person concerned is a charity or the trustee of a charity, or

(b) the dwelling is the residence house of a religious denomination,

and the requirement in sub-paragraph (b) that a person give a certificate of future occupation does not apply if the person concerned is a charity or the trustee of a charity.

    (5) In Chapter IV (home repair assistance), Article 107(1)(c) (condition that applicant have owner's interest or tenancy) does not apply to an application by an individual in respect of the residence house of a religious denomination.

    (6) In this Article "charity" does not include a registered housing association but, subject to that, has the same meaning as in the Charities Act (Northern Ireland) 1964 (c. 33).

(a) the 6 month period under Article 54(1) of that Order (period within which applicant to be notified of decision) has elapsed before that day, or

(b) the works were begun on or before such date as may be prescribed - 


(i) in an emergency, or

(ii) in order to comply with a notice under Article 80 of that Order (notice requiring works to render premises fit for number of occupants) or Article 41 of the Order of 1981 (repair notice requiring works to render premises fit for human habitation).

    (4) An application to which Article 50 or 51 of the Order of 1992 would have applied but for paragraph (3) shall be dealt with after the day of the coming into operation of this Part as if those Articles were omitted from Chapter I of Part III of that Order.

    (5) The repeal by this Order of Chapter I of Part III of the Order of 1992 shall not affect paragraph (3)(c) of Article 73 of that Order or any regulations made under that paragraph prescribing provisions of that Chapter which are to apply in relation to replacement grants.

    (6) The above provisions do not affect the power conferred by Article 1(4) to make transitional provision and savings in relation to the coming into operation of this Part, including provision supplementary or incidental to the above provisions.

Supplementary and incidental provision may, in particular, be made adapting the provisions of Chapter I of Part III of the Order of 1992 in the case of applications to which Article 50 or 51 of that Order would have applied but for the above provisions.

    " (5) Proceedings for an offence under paragraph (1) may be instituted by the district council in whose district the dwelling-house held under the private tenancy is situated.".

    " (3A) A person shall be treated as becoming homeless intentionally, or as becoming threatened with homelessness intentionally, if - 


(a) he enters into an arrangement under which he is required to cease to occupy accommodation which it would be reasonable for him to continue to occupy, and

(b) the purpose of the arrangement is to enable him to become entitled to assistance under this Part,



and there is no other good reason why he is homeless.".

" A registered housing association within the meaning of Article 3(2) of the Housing (Northern Ireland) Order 1992.".

(a) an order made under Article 1 (commencement); or

(b) regulations which only prescribe forms or particulars to be contained in forms.

    " (2) Where the Executive determines under paragraph (1) that those registered rents should be increased, it shall make a recommendation to the Department that those rents should be increased.

    (2A) Where the Department accepts a recommendation under paragraph (2), it shall make an order providing for the increase of those rents - 


(a) by an amount recommended by the Executive, or

(b) by such other amount as the Department, after consultation with the Executive, considers appropriate.



    (2B) The amount of an increase may be expressed as a percentage.".

    (3) In paragraph (3) of that Article for the words "paragraph (2), it" substitute "paragraph (2A), the Executive".

     5. In Article 34 (collection of information about certain tenancies) for the words "The Department" substitute "The Executive".

     6.  - (1) In paragraph (7) of Article 48 (enforcement, etc. of certificates of disrepair), for the words from "the Department" to "pay" substitute "the Executive may, with the consent of the Department, pay".

    (2) In paragraph (8)(a) of that Article for the words "the Department" substitute "the Executive".

     7. In Article 72 (information) after the words "The Department" insert "and the Executive, acting either jointly or individually".

     8. In Schedule 6 (applications for determination of appropriate rents) in sub-paragraphs (3) and (4) of paragraph 4 for the words "the Department" substitute "the Executive".

"the appointed day" means the day appointed for the coming into operation of Article 125;

"transferee" means the Executive;

"transferor" means any district council which provides a travellers' caravan site;

"travellers' caravan site" means any caravan site - 

(a) which is provided under section 21 of the Caravans Act (Northern Ireland) 1963 (c. 17) for the accommodation of travelling people, and

(b) in respect of which the Department has made a grant under Article 8 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15),

and includes any working space and facilities for the carrying on of such activities as are normally carried on by travelling people at such a site.

     2.  - (1) Subject to the provisions of this Schedule and any order made under sub-paragraph (2), there shall, on the appointed day, be transferred to and vested in the transferee by virtue of this Schedule - 

(a) any real or personal property which, immediately before the appointed day, was held by a transferor wholly or partly for the purposes of providing a travellers' caravan site; and

(b) any rights and liabilities to which a transferor was entitled or subject immediately before that day in relation to, or in connection with, any such property.

    (2) The Department may by order make such supplementary, consequential or transitional provision as appears to it to be necessary or expedient in consequence of the coming into operation of Article 125 or this Schedule.

    (3) An order under sub-paragraph (2) may, in particular, provide - 

(a) for excluding any property, right or liability from the operation of this Schedule or including any property, right or liability within its scope;

(b) for the determination, in default of agreement, of any question arising as to whether any property, right or liability will be or has been transferred under this Schedule;

(c) for the issue of certificates which shall be conclusive evidence that any property, right or liability has been transferred under this Schedule;

(d) where any property, right or liability transferred under this Schedule or the title to any such property or right is entered on any register kept in pursuance of any statutory provision, for the amendment of the entry by the person keeping the register;

(e) for enabling pending proceedings relating to any property, rights or liabilities transferred under this Schedule to be continued;

(f) for substituting for any reference to a transferor, in any statutory provision or any document whatsoever affecting any property, right or liability transferred under this Schedule, a reference to the transferee;

(g) for amending any statutory provision.

     3. Any travellers' caravan site which is transferred to the transferee by virtue of this Schedule, shall be treated, from the appointed day, as a caravan site provided and managed by the transferee under Article 28A of the Order of 1981, and that Article shall apply accordingly.

     4. Part IV of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15) (control by district councils of encampments for travelling people) shall cease to have effect.

" Interpretation of other expressions used in this Part
     75A. In this Part - 


"occupancy direction", in connection with special control provisions, has the meaning given in Article 75I;
"registration scheme" has the meaning given in Article 75B;
"relevant management failure", for the purposes of Articles 75G to 75J, has the meaning given in Article 75K;
"special control provisions" has the meaning given in Article 75G.

Registration scheme for houses in multiple occupation
     75B.  - (1) The Executive shall prepare and submit to the Department a scheme (in this Article and Articles 75C to 75M referred to as a "registration scheme") authorising the Executive to compile and maintain a register of houses in multiple occupation.

    (2) Subject to Articles 75C to 75J, a registration scheme may contain such provision as the Executive considers appropriate.

    (3) A registration scheme need not be for the whole of Northern Ireland and need not apply to every description of house in multiple occupation.

    (4) The Department may approve a registration scheme submitted to it under paragraph (1), with or without modification.

    (5) The Executive shall comply with a registration scheme approved under paragraph (4).

    (6) The Executive may at any time and, if the Department so directs shall, submit to the Department proposals amending a registration scheme; and paragraphs (4) and (5) shall have effect in relation to those proposals or a registration scheme replacing an existing registration scheme as they have in relation to a registration scheme.

Contents of registration scheme
     75C.  - (1) A registration scheme shall make it the duty of such person as may be specified by the scheme to register a house to which the scheme applies and to renew the registration as and when required by the scheme.

    (2) A registration scheme shall provide that registration under the scheme - 



(a) shall be for a period of 5 years from the date of first registration, and

(b) may on application be renewed, subject to such conditions as are specified in the scheme, for further periods of 5 years at a time.



    (3) A registration scheme may - 



(a) specify the particulars to be inserted in the register,

(b) make it the duty of such persons as may be specified by the scheme to give the Executive as regards a house all or any of the particulars specified in the scheme,

(c) make it the duty of such persons as may be specified by the scheme to notify the Executive of any change which makes it necessary to alter the particulars inserted in the register as regards a house.



    (4) A registration scheme shall, subject to paragraph (5) - 



(a) require the payment on first registration of a reasonable fee of an amount determined by the Executive, and

(b) require the payment on any renewal of registration of half the fee which would then have been payable on a first registration of the house.



    (5) The Department may by order make provision as to the fee payable on registration - 



(a) specifying the maximum permissible fee (whether by specifying an amount or a method for calculating an amount), and

(b) specifying cases in which no fee is payable.



Control provisions
     75D.  - (1) A registration scheme may contain control provisions, that is to say, provisions for preventing multiple occupation of a house unless - 



(a) the house is registered, and

(b) the number of households or persons occupying it does not exceed the number registered for it.



    (2) Control provisions may prohibit persons from permitting others to take up residence in a house or part of a house but shall not prohibit a person from taking up or remaining in residence in the house.

    (3) Control provisions shall not prevent the occupation of a house by a greater number of households or persons than the number registered for it if all of those households or persons have been in occupation of the house without interruption since before the number was first registered.

Control provisions: decisions on applications and appeals
     75E.  - (1) Control provisions may enable the Executive, on an application for first registration of a house or a renewal or variation of registration - 



(a) to refuse the application on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted if the application were granted;

(b) to refuse the application on the ground that the person having control of the house or the person intended to be the person managing the house is not a fit and proper person;

(c) to require as a condition of granting the application that such works as will make the house suitable for such occupation as would be permitted if the application were granted are executed within such time as the Executive may determine;

(d) to impose such conditions relating to the management of the house during the period of registration as the Executive may determine.



    (2) Control provisions shall provide that the Executive shall give an applicant a written statement of its reasons where it - 



(a) refuses to grant his application for first registration or for a renewal or variation of registration,

(b) requires the execution of works as a condition of granting such an application, or

(c) imposes conditions relating to the management of the house.



    (3) Where the Executive - 



(a) notifies an applicant that it refuses to grant his application for first registration or for the renewal or variation of a registration,

(b) notifies an applicant that it requires the execution of works as a condition of granting such an application,

(c) notifies an applicant that it intends to impose conditions relating to the management of the house, or

(d) does not within the specified period of receiving the application, register the house or vary or renew the registration in accordance with the application,



the applicant may, within 21 days of being so notified or of the end of the specified period, appeal to the county court.



In this paragraph "the specified period" means such period as the registration scheme shall specify.

    (4) On appeal the court may confirm, reverse or vary the decision of the Executive.

    (5) Where the decision of the Executive was a refusal - 



(a) to grant an application for first registration of a house, or

(b) for the renewal or variation of the registration,



the court may direct the Executive to grant the application as made or as varied in such manner as the court may direct.

    (6) For the purposes of paragraphs (4) and (5) an appeal under paragraph (3)(d) shall be treated as an appeal against a decision of the Executive to refuse the application.

    (7) Where the decision of the Executive was to impose conditions relating to the management of the house, the court may direct the Executive to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.

Control provisions: other decisions and appeals
     75F.  - (1) Control provisions may enable the Executive at any time during a period of registration (whether or not an application has been made) - 



(a) to alter the number of households or persons for which a house is registered or revoke the registration on the ground that the house is unsuitable and incapable of being made suitable for such occupation as is permitted by virtue of the registration; or

(b) to alter the number of households or persons for which a house is registered or revoke the registration unless such works are executed within a specified time as will make the house in question suitable for such occupation as is permitted by virtue of the registration.



    (2) Control provisions which confer on the Executive any such power as is mentioned in paragraph (1) shall provide that the Executive shall, in deciding whether to exercise the power, apply the same standards in relation to the circumstances existing at the time of the decision as were applied at the beginning of the period of registration.

    (3) Control provisions may enable the Executive to revoke a registration if it considers that - 



(a) the person having control of the house or the person managing it is not a fit and proper person, or

(b) there has been a breach of conditions relating to the management of the house.



    (4) Control provisions shall also provide that the Executive shall - 



(a) notify the person having control of a house and the person managing it of any decision by the Executive to exercise a power mentioned in paragraph (1) or (3) in relation to the house, and

(b) at the same time give them a written statement of the Executive's reasons.



    (5) A person who has been so notified may within 21 days of being so notified, or such longer period as the Executive may in writing allow, appeal to the county court.

    (6) On appeal the court may confirm, reverse or vary the decision of the Executive.

Special control provisions
     75G.  - (1) A registration scheme which contains control provisions may also contain special control provisions, that is, provisions for preventing houses in multiple occupation, by reason of their existence or the behaviour of their residents, from adversely affecting the amenity or character of the area in which they are situated.

    (2) Special control provisions may provide for the refusal or revocation of registration, for reducing the number of households or persons for which a house is registered and for imposing conditions of registration.

    (3) The conditions of registration may include conditions relating to the management of the house or the behaviour of its occupants.

    (4) Special control provisions may authorise the revocation of registration in the case of - 



(a) occupation of the house by more households or persons than the registration permits, or

(b) a breach of any condition imposed in pursuance of the special control provisions,



which is due to a relevant management failure.

    (5) Special control provisions shall not authorise the refusal of - 



(a) an application for first registration of a house which has been in operation as a house in multiple occupation since before the introduction by the Executive of a registration scheme with special control provisions, or

(b) any application for renewal of registration of a house previously registered under such a scheme,



unless there has been a relevant management failure.

    (6) Special control provisions may provide that in any other case where an application is made for first registration of a house the Executive may take into account the number of houses in multiple occupation in the vicinity in deciding whether to permit or refuse registration.

Special control provisions: general provisions as to decisions and appeals
     75H.  - (1) Special control provisions shall provide that the Executive shall give a written statement of its reasons to the applicant where it refuses to grant his application for first registration, or for a renewal or variation of a registration, or imposes conditions of registration on such an application.

    (2) Special control provisions shall provide that the Executive shall give written notice to the person having control of the house and the person managing it of any decision by the Executive - 



(a) to vary the conditions of registration (otherwise than on an application to which paragraph (1) applies), or

(b) to revoke the registration of the house,



and at the same time give them a written statement of the Executive's reasons.

    (3) Where in accordance with special control provisions the Executive - 



(a) notifies an applicant that it refuses to grant his application for first registration or for the renewal or variation of a registration,

(b) notifies such an applicant of the imposition of conditions of registration, or

(c) gives notice to the person having control or the person managing the house of any such decision as is mentioned in paragraph (2),



that person may, within 21 days of being so notified, or such longer period as the Executive may in writing allow, appeal to the county court.

    (4) If on appeal it appears to the court - 



(a) that there has been any informality, defect or error in, or in connection with, the Executive's decision, or

(b) that the Executive acted unreasonably,



the court may reverse or vary the decision of the Executive.

    (5) In so far as an appeal is based on the ground mentioned in paragraph (4)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

    (6) Where the decision of the Executive was a refusal - 



(a) to grant an application for first registration of a house, or

(b) for the renewal or variation of the registration,



the court may direct the Executive to grant the application as made or as varied in such manner as the court may direct.

    (7) Where the decision of the Executive was to impose conditions of registration, the court may direct the Executive to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.

Special control provisions: occupancy directions
     75I.  - (1) Special control provisions may provide that where the Executive decides that the registration of a house should be revoked the Executive may direct that the level of occupation of the house be reduced, within such period of not less than 28 days as it may direct, to a level such that the registration scheme does not apply.



Such a direction is referred to in this Part as an "occupancy direction".

    (2) Special control provisions shall provide that the Executive shall only make an occupancy direction if it appears to the Executive that there has been a relevant management failure resulting in a serious adverse effect on the amenity or character of the area in which the house is situated.

    (3) In considering whether to make an occupancy direction the Executive shall take into account the interests of the occupants of the house and the person having control of the house as well as the interests of local residents and businesses.

    (4) Special control provisions may require the person having control of the house, and the person managing it, to take all reasonably practicable steps to comply with an occupancy direction.

    (5) Nothing in this Article affects any liability in respect of any other contravention or failure to comply with control provisions or special control provisions.

Special control provisions: decisions and appeals relating to occupancy directions
     75J.  - (1) Special control provisions shall provide that where the Executive makes an occupancy direction in respect of a house it shall give written notice of the direction to the person having control of the house and the person managing it and at the same time give them a written statement of the Executive's reasons.

    (2) A person aggrieved by an occupancy direction may, within 21 days after the date of the service of notice as mentioned in paragraph (1), appeal to the county court.

    (3) If on appeal it appears to the court - 



(a) that there has been any informality, defect or error in, or in connection with, the Executive's decision, or

(b) that the Executive acted unreasonably,



the court may make such order either confirming, quashing or varying the notice as it thinks fit.

    (4) In so far as an appeal is based on the ground mentioned in paragraph (3)(a), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

    (5) If an appeal is brought the direction does not become operative until - 



(a) a decision on the appeal confirming the direction (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the direction (with or without variation).



    (6) For this purpose the withdrawal of an appeal has the same effect as a decision confirming the direction or decision appealed against.

Special control provisions: "relevant management failure"
     75K. A "relevant management failure" for the purposes of Articles 75G to 75J (special control provisions) means a failure on the part of the person having control of, or the person managing, a house in multiple occupation to take such steps as are reasonably practicable to prevent the existence of the house or the behaviour of its residents from adversely affecting the amenity or character of the area in which the house is situated, or to reduce any such adverse effect.

Offences in connection with registration schemes
     75L.  - (1) A person who contravenes or fails to comply with a provision of a registration scheme commits an offence.

    (2) A person who commits an offence under this Article consisting of a contravention of so much of control provisions as relates - 



(a) to occupation to a greater extent than permitted under those provisions of a house which is not registered, or

(b) to occupation of a house which is registered by more households or persons than the registration permits,



is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (3) A person who commits an offence under this Article consisting of a contravention of so much of special control provisions as requires all reasonably practicable steps to be taken to comply with an occupancy direction is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (4) A person who commits any other offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Steps required to inform public about registration scheme
     75M.  - (1) Where the Executive intends to submit a registration scheme for the approval of the Department, the Executive shall publish notice of its intention at least one month before the scheme is submitted.

    (2) As soon as the scheme is approved by the Department, the Executive shall publish a notice stating - 



(a) that a registration scheme has been approved by the Department, and

(b) the date on which the scheme is to come into operation.



    (3) A notice under paragraph (1) of the Executive's intention to submit a scheme for approval shall - 



(a) describe any steps which will have to be taken under the scheme by those concerned with registrable houses (other than steps which have only to be taken after a notice from the Executive), and

(b) specify a place where a copy of the scheme may be seen at all reasonable hours.



    (4) After publication of a notice under paragraph (2) that a registration scheme has been approved by the Department, and for as long as the scheme is in operation, the Executive - 



(a) shall keep a copy of the scheme, and of the register, available for public inspection at such of the Executive's offices as the Executive considers appropriate free of charge at all reasonable hours, and

(b) on request, and on payment of such reasonable fee as the Executive may require, shall supply a copy of the scheme or the register, or of any entry in the register, to any person.



    (5) If the Executive revokes a registration scheme it shall publish notice of the revocation.

    (6) In this Article "publish" means publish in two or more newspapers circulating in Northern Ireland or in the parts of Northern Ireland to which the registration scheme applies.

Power to require information for purposes of scheme
     75N.  - (1) The Executive may - 



(a) for the purpose of ascertaining whether a house is registrable, and

(b) for the purpose of ascertaining the particulars to be entered in the register as regards a house,



require the person having control of the house or the person managing the house or any person who has an estate or interest in, or who lives in, the house to state in writing any information in his possession which the Executive may reasonably require for that purpose.

    (2) A person who is required in pursuance of this Article to give information to the Executive, shall do so within 5 weeks of being notified of the requirement, or within such longer period as the Executive may allow.

    (3) A person who, having been required in pursuance of this Article to give information to the Executive, fails to give the information, or knowingly makes a mis-statement in respect of it, commits an offence and is liable on summary conviction to a fine not exceeding - 



(a) level 3 on the standard scale in the case of such a failure; or

(b) level 5 on the standard scale in the case of such a mis-statement.".

     " 45. Any of the following matters under Part III of the Housing (Northern Ireland) Order 2003 - 


(a) a grant condition registrable by virtue of Article 76(3), 77(3), 78(3), 79(3), 80(3), 81(3) and 83(2);

(b) a statutory condition of participation in a group repair scheme as an assisted participant registrable under Article 100(2) or 101(3);

(c) a charge under Article 117(5).".


The Rent (Northern Ireland) Order 1978 (NI 20)

     2. In Article 48(8) (enforcement of certificates of disrepair: meaning of "the appropriate amount") for the words from "In this paragraph" onwards substitute - 

" In this paragraph "repairs grant" means a grant under Article 74 of the Housing (Northern Ireland) Order 1992.".

    " (2A) No assistance under paragraph (1) shall be given towards works in respect of which an application for renovation grant or common parts grant under Chapter II of Part III of the Housing (Northern Ireland) Order 2003 has been approved.".

     5. In Article 162 (regulations), in paragraph (2) after the word "Order" insert "other than those made under Article 22A(3)".

" introductory tenancy" has the same meaning as in Chapter II of Part II of the Housing (Northern Ireland) Order 2003;".

     7. In Article 26(4) (cases where the secure tenant is a successor) after sub-paragraph (c) insert

" or
(d) the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.".

     8. In Article 38(4) (provision of information about secure tenancies), for sub-paragraphs (a) and (b) substitute "when the tenancy arises or as soon as practicable afterwards".

     9.  - (1) In Schedule 2 (tenancies which are not secure tenancies) - 

(a) the provision numbered as paragraph 1 shall become sub-paragraph (1) of paragraph 1; and

(b) the provision inserted by paragraph 4 of Schedule 4 to the Order of 1986 as paragraph 1A shall become sub-paragraph (2) of paragraph 1.

    (2) After paragraph 1 insert - 

" Introductory tenancies
     1A. A tenancy is not a secure tenancy if it is an introductory tenancy or a tenancy which has ceased to be an introductory tenancy - 


(a) by virtue of Article 15(3) of the Housing (Northern Ireland) Order 2003 (disposal on death to non-qualifying person), or

(b) by virtue of the tenant, or in the case of a joint tenancy every tenant, ceasing to occupy the dwelling-house as his only or principal home.".


The Housing (Northern Ireland) Order 1986 (NI 13)

     10.  - (1) Article 6 (entitlement to reinstatement grant or repurchase) shall be amended as follows.

    (2) In paragraphs (8) and (9) for the words "grant under Part III of the Order of 1983" substitute "renovation grant or common parts grant under Chapter II of Part III of the Housing (Northern Ireland) Order 2003".

    (3) In paragraph (10) for the words "Part III of the Order of 1983" substitute "Chapter II of Part III of the Housing (Northern Ireland) Order 2003".

" (d) works for which home repair assistance may be available under Articles 106 to 109 of the Housing (Northern Ireland) Order 2003".