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HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - LONG TITLE

An Act to amend and repeal certain enactments relating to housing;
to make further provision for the giving of financial assistance to
persons providing housing accommodation and for the better execution
by local authorities f their functions under the Housing Acts; and
for purposes connected with the matters aforesaid.
[29th August 1946]
Part IS.1 rep. by 1951 c.13 (NI) s.6 sch.; 1976 NI 25 art.80(4)
sch.6 Pt.II; 1977 NI 8 art.14(2) sch. S.2 rep. by 1956 c.10 (NI)
s.64 sch.5. Ss.3,4 rep. by 1981 NI 3 art.163(2) sch.13

Amendments as to contributions and sums payable under Act of 1946.

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 5

5. Section one of the Act of 1946 shall have effect so as to
provide in relation to each new house of such category as may from
time to time be prescribed in any order made under section fifteen
of this Act which is completed before such date (being a date
which may occur before or after the first day of October, nineteen
hundred and forty-seven) as may be specified in that order, for the
payment of contributions and sums under the said sub-sections (1)
and (2) respectively of such amounts (if any) as may be specified
in that behalf by that order and, accordingly

Para.(a) amends s.1 of 1946 c.4 (NI); para.(b) spent; para.(c) rep.
by 1969 c.16 (NI) s.31(2) sch.3 Pt.II

S.6 rep. by 1951 c.13 (NI) s.6 sch.; 1954 c.13 (NI) s.2; 1978 NI
2 art.15(1); 1981 NI 3 art.163(2) schs.12,13[

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 7
Statutory conditions affecting houses in respect of which grants are
paid.

7.(1) Where a grant is paid by a [district council] under this
Part of this Act in respect of any house the following conditions
(in this Part of this Act referred to as "the statutory
conditions") shall, until the expiration of the period of five years
next after the date of the payment of the grant, apply in relation
to such house:

Para.(a) rep. by 1954 c.13 (NI) s.2

(b)the house shall not be amalgamated with any other house or
houses so that such houses together form a single house; and

(c)the house shall not be so enlarged, altered or structurally
modified as to exceed in superficial area one thousand and fifty
square feet.

(2) The statutory conditions shall be included amongst the matters
which are required to be registered in the Statutory Charges
Register ...]

Subs.(3)(4) rep. by 1954 c.13 (NI) s.2

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 8
Offences and penalties.

8.Subs.(1) rep. by 1954 c.13 (NI) s.2

(2) Every person guilty of any breach or contravention of any
statutory condition imposed by virtue of [paragraphs (b) and (c)] of
sub-section (1) of the last preceding section shall, without
prejudice to any other liability, be liable on summary conviction to
a fine not exceeding

(a)in the case of a first offence one hundred pounds; and

(b)in the case of a second or any subsequent offence, five hundred
pounds.

[(3) In the event of any breach or contravention of any of the
statutory conditions there shall forthwith become due and repayable
to the [district council] and recoverable upon demand made in
writing by the [district council] as a civil debt due to them such
sum as bears to the amount of the grant paid by the [district
council] in respect of the house to which the breach or
contravention relates the same proportion as that portion of the
period for which the statutory conditions were imposed which, at the
time of the breach or contravention, remains unexpired bears to the
whole of the period.

(3A) Where a person has been convicted of an offence under
sub-section (2) of this section the court before whom he is
convicted may, on such conviction, order that in addition to the
amount repayable by him under sub-section (3) of this section he
shall repay to the [district council] the balance of the grant paid
in respect of the house to which the breach or contravention
relates or such lesser sum as the court may think necessary to
remedy the breach or contravention and any such order may, without
prejudice to any other remedy, be enforced in like manner as an
order for the payment of a penal sum.

(3B) Where in respect of any house the full amount of a grant or
an amount not less than that repayable under sub-section (3) of
this section or which would have been so repayable if at the time
of the repayment there had been a breach or contravention of the
statutory conditions has been repaid to the [district council] the
statutory conditions shall cease to apply to that house
notwithstanding that the period for which those conditions were
imposed has not expired.]

Subs.(4) rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

(5) Where any offence punishable under this section has been
committed by a body corporate, then, without prejudice to the
liability of that body, every person who at the time of such
commission was a director or other officer of the body corporate or
was purporting to act in any such capacity, shall be liable to be
prosecuted as if he had personally committed that offence and shall,
if on such prosecution it is shown that he consented to, or
connived at, or did not exercise all such diligence as he ought in
the circumstances to have exercised to prevent, the offence, be
liable to the like conviction and punishment as if he had
personally been guilty of that offence.

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 9
Recoupment to Ministry of proportion of sums recovered by district
council.

9. Where any sum has been received or recovered by a [district
council] by way of repayment of any grant made by them under this
Part of this Act, the [district council] shall repay to the
Ministry such part of that sum as bears to the whole thereof the
same proportion as any sum paid by the Ministry to the [district
council] in respect of that grant bears to the total amount of the
grant.

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 10
Power to make regulations.

10.(1) The Ministry may make regulations prescribing anything which
is to be prescribed, and providing for any matter in regard to
which regulations may be made under this Part of this Act, and
generally for carrying this Part of this Act into effect.

(2) All regulations made under this Part of this Act shall, as
soon as may be after they are made, be laid before each House of
Parliament. If either House of Parliament, within the statutory
period next after any regulation made as aforesaid has been laid
before such House, resolves that the regulation shall be annulled,
the regulation shall, after the date of the resolution be void, but
without prejudice to the validity of anything previously done
thereunder or to the making of a new regulation.

Expenses.

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 11

11.(1) Expenses incurred by the Ministry under or in consequence of
the passing of this Act shall be defrayed either out of moneys
provided by Parliament or (if the Ministry of Finance so directs)
by means of sums charged on and issued out of the Consolidated
Fund of Northern Ireland. For the purpose of providing any sums so
issued out of the said Consolidated Fund the Ministry of Finance
may, if it thinks fit, borrow any sum ... [for any period or
periods not exceeding twenty-five years from the date of borrowing,
and provision for the repayment of moneys so borrowed may be made]
out of moneys provided by Parliament.

Subs.(2) added by 1955 c.6 (NI) s.9, rep. by 1956 c.10 (NI) s.64
sch.5

S.12 rep. by 1948 c.9 (NI) s.3(9) sch. S.13 rep. by 1972 NI 22
art.12 sch.2; 1976 NI 25 art.80(4) sch.6 Pt.II; 1981 NI 3
art.163(2) sch.13. S.14 rep. by 1981 NI 3 art.163(2) sch.13. S.15
rep. with saving by 1978 NI 2 art.15; 1981 NI 3 art.163(2) sch.12

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 16
Interpretation.

16. In this Act, unless the contrary intention appears, the
following expressions have the meanings hereby assigned to them, that
is to say:

"Act of 1945" and "Act of 1946" have the meanings respectively
assigned to them by sub-section (1) of section one of this Act;

"breach or contravention" includes an attempted breach or
contravention; and "contravention" in relation to any provision or
condition, includes a failure to comply with that provision or
condition as the case may be;

Definition rep. by 1954 c.13 (NI) s.2

"Housing Acts" means the Housing Acts (Northern Ireland), 1890 to
1946, including, unless the context otherwise requires, this Act;

"prescribed" means prescribed by regulations made by the Ministry;

"statutory period" means ...

definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI 12
art.10

"superficial area" in relation to any new house, has the same
meaning as in the Act of 1946; and

"the Ministry" has the meaning assigned to it by paragraph (a) of
sub-section (1) of section one of this Act.

HOUSING (NO. 2) ACT (NORTHERN IRELAND) 1946 - SECT 17
Short title and construction.

17.(1) This Act may be cited as the Housing (No. 2) Act (Northern
Ireland), 1946.

(2) This Act shall be construed as one with the Housing Acts and
shall be included among the Acts which may together be cited as
the Housing Acts (Northern Ireland), 1890 to 1946.

Subs.(3) rep. by 1951 c.13 (NI) s.6 sch.