Article 4 Designation of defective dwellings

(1)

The Department may designate as a class any buildings each of which consists of or includes one or more dwellings if it appears to the Department that—

(a)

buildings in the proposed class are defective by reason of their design or construction; and

(b)

by virtue of the circumstances mentioned in sub-paragraph (a) having become generally known, the value of some or all of the dwellings concerned has been substantially reduced.

(2)

Any dwelling which a building in a class designated under this Article consists of or includes is referred to in this Part as a “defective dwelling”; and in this Part in relation to such a dwelling—

(a)

“the qualifying defect” means that which, in the opinion of the Department, is wrong with the buildings in that class; and

(b)

“the cut-off date” means the date by which, in the opinion of the Department, the circumstances mentioned in paragraph (1)(a) became generally known.

(3)

A designation under this Article shall describe the qualifying defect and specify—

(a)

the date on which the designation is to come into operation;

(b)

the cut-off date (not being a date falling after the date specified under sub-paragraph (a)); and

(c)

the period within which persons may seek assistance under this Part in respect of the defective dwellings concerned.

(4)

The Department may vary or revoke a designation under this Article and may by a variation of the designation extend the period referred to in paragraph (3)(c), whether or not it has expired; but

(a)

no variation or revocation shall affect the operation of the provisions of this Part in relation to any dwelling if, before the variation or revocation comes into operation, it is a defective dwelling by virtue of the designation in question and application for assistance in respect of it has been made under Article 6; and

(b)

no variation shall alter the cut-off date.

(5)

Notice of a designation under this Article and of the variation or revocation of such a designation shall be published in the Belfast Gazette.

(6)

Any question arising as to whether a building is or was at any time in a class designated under this Article shall be determined by the Department.

(7)

No designation shall describe a designated class by reference to the area in which the buildings concerned are situated.

Notes on the whole Order

Textual amendments

F1: functions transf. SR 1999/481