Article 17 Modification of this Part in relation to equity-sharing leases

F1(1)

If it appears to the Executive that the interest of a person eligible for assistance in respect of a defective dwelling is—

(a)

an equity-sharing lease, or

(b)

the freehold acquired under the terms of an equity-sharing lease,

the Executive shall prepare and submit to the Department a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme.

(2)

A scheme under paragraph (1) shall not have effect unless approved by the Department; and any such approval may be made conditional on compliance with requirements specified by the Department.

F2(4)

In this Article “equity-sharing lease” means—

(a)

an equity-sharing lease as defined in Article 31(6) of the Order of 1981;

(b)

a lease of a description specified in the regulations; or

(c)

a lease determined, or falling within a class or description determined, by the Department to be an equity-sharing lease;

but where a lease becomes an equity-sharing lease by virtue of regulations under this Article or a determination under sub-paragraph (c), that shall not affect the operation of the provisions of this Part in relation to a person who is eligible for assistance in respect of a defective dwelling if application for assistance in respect of the dwelling has previously been made by him under Article 6.

Annotations

Textual amendments

F1: 1992 NI 15
F2: power of the Department to make regulations shall cease to have effect, 1992 NI 15

Notes on the whole Order

Textual amendments

F1: functions transf. SR 1999/481