Governance Guide - Article 31(6) of the Housing (Northern Ireland) Order 1992 Determination 1995

This Determination specifies a class of benefit which may be granted

Preamble

(1)  The Department of the Environment for Northern Ireland, in exercise of the powers conferred on it by Article 31 (6) of the Housing (Northern Ireland) Order 1992 and after consultation with such bodies as appear to the Department to be representative of Associations, hereby makes the following Determination with respect of the class of benefit which may be granted by a Association to persons failing within Article 31 (1) (a) or (b) thereof.

(2)  This Determination specifies a class of benefit which may be granted provided that:
(a)  Such benefit can be granted within the objects and powers as set out in the association's registered rules;
(b)  No person receiving a benefit granted under this Determination is given any priority, beneficial treatment or beneficial terms by reason of falling within Article 31 (1)(a) or (b) of the Order;
(c)  Any decision taken as to whether or not to grant a benefit under this Determination is taken by the association's Committee of Management or a sub-committee of committee members with delegated authority, any committee member with an interest having declared the fact and having left the meeting during discussion of the case; and
(d)  All decisions taken under this Determination are recorded as such, with the dates and summary details of the benefits granted, in the minutes of the committee meeting and in a separate register kept for the purpose that is to be available for public inspection at the head office of the association at all reasonable times.

Citation & Commencement

This Determination, which may be cited as the Article 31 Housing (Northern Ireland) Order 1992 Determination 1995, has effect from 1 May 1995 and is in addition to the Article 31(6) Housing (Northern Ireland) Order 1992 Determination 1994.

Interpretation

(a)  ‘Association' means a 'registered housing association' as defined in Article 3 of the Housing (Northern Ireland) Order 1992;
(b)   'Committee' has the same meaning as in Section 101 of the Industrial and Provident Societies Act (Northern Ireland) 1969; and
(c)   'The Order" means the Housing (Northern Ireland) Order 1992.

The Specified Class of Benefit

An association may, after obtaining the consent of the Department in accordance with Article 13 of the Order, dispose of land to a person who:
(a)  Falls within Article 31 (1) (a) or (b) of the Order; and
(b)  Is a tenant in occupation of that land

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