An Act to establish a Northern Ireland Housing Executive and Northern
Ireland Housing Council, and to make further provisions with respect
to housing.
[25th February 1971]
| The Northern Ireland Housing Executive and Council
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| 1. | (1) There shall be established as a body corporate a public authority to be called the Northern Ireland Housing Executive (in this Act referred to as "the Executive") to which section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply.
| The Northern Ireland Housing Executive.
c. 33.
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| (2) The Executive shall exercise such functions as are conferred on it by this Act.
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| (3) Schedule 1 shall have effect with respect to the members and proceedings of the Executive and the other matters there dealt with.
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| 2. | (1) There shall be established a council, to be called the Northern Ireland Housing Council (in this Act referred to as "the Council") which-
| The Northern Ireland Housing Council.
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| (a)
| shall consider any matter affecting housing-
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| | (i) which is referred to the Council by the Executive; or
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| | (ii) which appears to the Council to be a matter to which consideration ought to be given; and
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| (b)
| may consider any matter affecting housing which is referred to the Council by any person who has a bona-fide interest.
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| (2) Where it appears to the Council to be desirable to do so, the Council may make recommendations to the Executive with respect to any matter which it has considered and it shall be the duty of the Executive to consider any such recommendations.
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| (3) It shall be the duty of the Council to consider and advise the Ministry of Development (in this Act referred to as "the Ministry") on any matter affecting housing which the Ministry, after consultation with the Executive, refers to the Council.
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| (4) If it appears to the Council that the Executive-
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| (a)
| has unreasonably rejected any recommendation made to it by the Council in pursuance of this section; or
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| (b) |
has failed to consider any such recommendation within a reasonable time;
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| the Council may, after consultation with the Executive, make representations to the Ministry as to the action which in the opinion of the Council ought to be taken as regards the matter dealt with in the recommendation.
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| (5) Where the Ministry receives representations under subsection (4), it may, after consultation with the Executive, give to it such directions as the Ministry thinks fit with respect to the matters dealt with in the representations.
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| (6) It shall be the duty of the Executive-
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| (a)
| to provide such officers and servants and such accommodation as are requisite for the proper discharge of the Council's functions; and
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| (b)
| to make available to the Council all such information in the possession of the Executive as the Council may reasonably require.
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| (7) In the event of a disagreement between the Council and the Executive as to the officers and servants or accommodation to be provided, or information to be made available, under subsection (6), subsections (4) and (5) shall apply as if the matter were one on which the Executive had unreasonably rejected a recommendation of the Council.
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| (8) Schedule 2 shall have effect with respect to the members and proceedings of the Council and the other matters there dealt with.
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| 3. | (1) The provisions of the Housing Acts relating to local authorities shall, subject to this Act, apply to the Executive in like manner as they apply to local authorities and the provisions of those Acts relating to the Trust shall, subject to this Act, apply to the Executive in like manner as they apply to the Trust.
| Application of Housing Acts to the Executive.
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| (2) The Ministry may make regulations modifying, in such manner as the Ministry may think fit, the Housing Acts in their application to the Executive under subsection (1).
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| (3) The Executive shall not, without the consent of the Ministry (to which the Ministry may attach such conditions as it may specify), acquire any land.
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| (4) Subsection (1) shall not operate, before the relevant appointed day in relation to the Trust or a local authority, so as to confer any functions on the Executive in relation to any land vested in the Trust or the local authority.
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| (5) Regulations made under this section shall be subject to affirmative resolution.
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| 4. | (1) The Executive shall-
| General functions of the Executive.
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| (a)
| regularly examine housing conditions and requirements;
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| (b)
| when required by the Ministry to do so, submit to the Ministry for approval its programme for such years and in such form as the Ministry may determine for- (i) the provision of housing accommodation by the Executive;
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| | (ii) the closure, demolition and clearance of unfit houses;
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| | (iii) the improvement and conversion of houses by the Executive;
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| | (iv) the encouragement of the provision of new houses, and of the improvement and conversion of houses, by persons other than the Executive;
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| (c)
| consider any proposals of a local authority or a new town commission with respect to the exercise of any of the functions of the Executive in the area of the authority or commission.
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| (2) The Ministry may approve any programme submitted to it under subsection (1) with or without modifications.
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| (3) For the purposes of subsection (1), the Executive may carry out such inspections and surveys as it considers necessary.
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| (4) The Executive shall establish such housing information and housing advisory services as it considers desirable.
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| (5) The Executive may, with the consent of the Ministry, conduct or promote research into any matter relating to any of its functions.
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| (6) The Ministry may by order, made subject to affirmative resolution, extend or vary the functions of the Executive under this Act.
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| Transfers of local authority housing functions to housing bodies.
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| 5. | (1) The Executive shall, when necessary to do so, but not less than once in each year, consult with the Council with respect to any draft programme of the Executive for the future provision of housing accommodation and shall so consult each local authority and new town commission with respect to any draft programme of the Executive for the future provision of houses in the authority's or commission's area.
| Consultation by Executive with respect to certain housing matters.
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| (2) The Executive shall, when required to do so by the Ministry, consult with the Council with respect to such matters as the Ministry may determine.
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| (3) The Executive shall before declaring a clearance area or redevelopment area in any part of the area of a local authority or new town commission consult with that authority or commission.
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| (4) The Executive shall, before acquiring any land in the area of a local authority which is not a planning authority or any land in the area of a new town commission, consult with that authority or commission as to the land to be acquired if the Executive is satisfied that the number of houses to be provided on that land will exceed fifty or such other number as may be prescribed.
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| (5) The Executive shall, when required to do so by the Ministry, consult with local authorities and new town commissions with respect to such matters as the Ministry may determine.
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| (6) Where the Executive is, in relation to any matter, of opinion that it should consult with an organisation representative of its tenants, it shall consult with such organisations as it may recognise as being representative of tenants affected by the matter.
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| Transfers of housing functions etc., of existing housing bodies
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| 6. | (1) Where-
| Transfer of local authority housing functions to housing bodies
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| (a)
| a local authority resolve that the whole or any specified part of their housing functions should be transferred to any other local authority or to a new town commission or the Trust; or
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| (b)
| in the opinion of the Ministry, it is expedient to transfer the whole or any part of the housing functions of a local authority to any other local authority or to a new town commission or the Trust;
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| the Ministry may make an order (in this Act referred to as a "transfer order")-
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| (i)
| transferring, as from such date and subject to such exceptions and conditions as may be specified in the order, such of the housing functions of, and of the housing property, rights and liabilities of, the transferor as may be so specified to such local authority or new town commission as may be so specified, or to the Trust as the case may require;
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| (ii)
| providing for such incidental, consequential or supplemental matters as appear to the Ministry to be necessary or expedient for the purposes of giving full effect to the transfer order including provisions with respect to any matter for which regulations under section 8 (2) may provide (any reference in section 8 (2) to subsection (1) of that section being construed as a reference to this subsection and an order under this subsection).
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| (2) A local authority may exercise any functions transferred to the authority under this section notwithstanding that the area with respect to which the functions are exercisable is outside the area of the authority.
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| (3) An order under this section shall be subject to affirmative resolution and the Ministry shall not make such an order unless the Ministry has consulted the housing body to which any functions are to be transferred under the order.
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| (4) In this section-
"housing property, rights and liabilities" means property vested in a transferor for the purposes of its housing functions or rights and liabilities to which it is entitled or subject for those purposes;
"transferor" means a local authority from whom functions are to be transferred under an order made under subsection (1).
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| 7. | (1) There shall be transferred to the Executive on such day or days as the Minister may by order appoint for the purposes of any of the following paragraphs-
| Transfer of housing functions to Executive.
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| (a) |
the functions of the Trust; | |
| (b)
| the housing functions, other than residuary functions, of such local authority or new town commission as may be specified in the order;
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| (c)
| the residuary functions of such local authority or new town commission as may be specified in the order.
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| (2) On and after a relevant appointed day there shall, in accordance with such arrangements as may be made between the Executive and a transferor or with such directions as may be given by the Executive, be administered on behalf of the Executive by a transferor specified in an order under subsection (1), the functions which are transferred from the transferor to the Executive under the order and this section.
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| (3) In consideration of the administration by a transferor of any functions transferred to the Executive under this section, the Executive shall pay to the transferor such sum as the Executive and the transferor may agree or, in default of agreement, such sum as the Ministry may determine.
| Transfer of property to Executive.
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| (4) An order made under subsection (1) may-
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| (a)
| in relation to a new town commission, provide that that subsection shall operate so as to transfer either the municipal or the development housing functions of the commission;
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| (b)
| make such provision supplementary to or consequential on subsection (1) (including provision for the amendment of statutory provisions) as appears to the Minister to be necessary or expedient; and
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| (c)
| in relation to any residuary functions, amend any statutory provision with retrospective effect.
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| (5) In this section "transferor" means a housing body from which functions are transferred under subsection (1).
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| 8. | (1) Subject to the provisions of this Act and regulations made under subsection (2) there shall, on the relevant appointed day, be transferred to and vested in the Executive by virtue of this section-
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| (a) | in relation to an order made for the purposes of section 7 (1)(a) -
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| | (i) all property which, immediately before that day, is vested in the Trust;
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| | (ii) all rights and liabilities to which, immediately before that day, the Trust is entitled or subject;
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| (b)
| in relation to an order made for the purposes of section 7 (1) (b) and a local authority or new town commission specified in the order-
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| | (i) all the estates in land which immediately before that day are held by that authority or commission, being land appropriated for the purposes of the authority's or commission's housing functions or acquired under the authority's or commission's housing functions and not appropriated for the purposes of any other function;
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| | (ii) all movable property which immediately before that day is vested in that authority or commission and is used on or in connection with such land as is referred to in sub-paragraph (i) for the purposes of the authority's or commission's housing functions;
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| | (iii) all other immovable property (other than estates in land) which immediately before that day, is vested in that authority or commission or rights and liabilities to which the authority or commission are then entitled or subject, being property vested or rights and liabilities acquired or incurred solely in connection with any such land or property as is referred to in sub-paragraph (i) or (ii).
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| (c)
| in relation to an order made for the purposes of section 7 (1) (c) and a local authority or new town commission specified in the order, all property, rights and liabilities which, immediately before that day, are vested in the authority or commission or to which the authority or commission are entitled or subject, being property vested or rights and liabilities acquired or incurred solely for the purposes of the authority's or commission's residuary functions.
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| (2) The Ministry may, with the consent of the Ministry of Finance, by regulations make such provision supplementary to or consequential on subsection (1) as appears to the Ministry to be necessary or expedient, and in particular, but without prejudice to the generality of the foregoing, may provide by those regulations-
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| (a)
| for excluding any property, right or liability from the operation of that subsection or including any property, right or liability in its scope;
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| (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 that subsection;
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| (c)
| for the issue of certificates which shall be conclusive evidence that any property, right or liability has been transferred under that subsection;
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| (d)
| where any property, right or liability transferred under that subsection 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;
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| (e)
| for enabling pending proceedings relating to any property, rights or liabilities transferred under that subsection to be continued;
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| (f)
| for substituting for any reference to a housing body, in any statutory provision or any document whatsoever affecting any property, right or liability transferred under that subsection, a reference to the Executive;
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| (g)
| for amending any statutory provision. |
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| (3) Where an order made under section 7 (1) provides that that section operates so as to transfer the municipal or development housing functions of a new town commission, subsection (1) shall have effect as if for any reference to the housing functions of a new town commission there were substituted a reference to the municipal or development housing functions of the commission, as the case may require.
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| (4) Regulations made under subsection (2) (a), (b) or (g) shall be subject to affirmative resolution.
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| 9. | (1) The Ministry may by order provide for-
| Orders with respect to cesser of exercise of functions by housing bodies.
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| (a) |
the dissolution of the Trust; |
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| (b)
| the cesser of the exercise by a local authority of the functions exercisable by them under section 7;
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| (c)
| the cesser of the exercise by a new town commission of the functions exercisable by it under section 7;
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| (d)
| the transfer to the Executive of the functions of local authorities under the Small Dwellings Acquisition Acts (Northern Ireland) 1899 to 1948 and of any property vested in them for the purposes of those Acts or rights and liabilities to which they are entitled or subject for those purposes;
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| (e)
| the modification of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 in its application to any person transferred to the employment of the Executive by virtue of this Act.
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| (2) A local authority or new town commission may after the day specified in relation to the authority or commission in an order under this section prepare and submit to the Executive any such proposals as are referred to in section 4 (1) (c).
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| (3) An order made under subsection (1) (d) or (e) shall be subject to affirmative resolution.
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| 10. | (1) Every person who, immediately before a day specified for the purposes of this section in an order under section 9 in relation to a housing body specified in the order is employed by that body, where it is the Trust or, where the body is a local authority or new town commission, is employed by the body wholly or mainly for the purposes of its housing functions shall, subject to subsection (2), be transferred to the employment of the Executive and until he is served with a statement in writing of his new terms and conditions of employment, enjoy terms and conditions of employment (including conditions as to superannuation benefits) not less favourable than those he enjoyed immediately before 2nd July, 1970.
| Transfer of employees. |
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| (2) Subsection (1) shall not operate to transfer an employee of a local authority or new town commission to the Executive if, before the day first mentioned in that subsection in relation to that authority or commission, the authority or commission signify in writing to the Executive that the authority or commission will continue to employ him and he signifies in writing to the Executive that he has elected not so to transfer.
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| (3) The new terms and conditions referred to in subsection (1) shall be such that-
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| (a) |
as long as a transferred employee is engaged in duties reasonably comparable to those in which he was engaged immediately before his transfer date, the scale of his salary or remuneration; and
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| (b) |
the other terms and conditions of his employment, are not less favourable than those he enjoyed immediately before 2nd July, 1970.
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| (4) Where, in relation to a person to whom subsection (1) applies, the terms and conditions of his employment (including conditions as to superannuation benefits) by a housing body are, after 2nd July, 1970, varied in any respect, the Ministry may direct that the variation shall be included among the terms and conditions on which he becomes employed by the Executive; and subsection (3) shall have effect in relation to him as if the variation specified in the direction had been included in the terms and conditions of his employment immediately before 2nd July, 1970.
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| (5) A written statement given in accordance with section 4 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 shall not be regarded as a statement of new terms and conditions of employment for the purposes of subsection (1) unless the statement so indicates.
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| (6) Where a person enters the employment of a housing body after 1st July, 1970, but before the day first-mentioned in subsection (1), subsections (1), (3) and (4) shall have effect as if for any reference to terms and conditions of employment enjoyed immediately before 2nd July, 1970, there were substituted a reference to terms and conditions of employment enjoyed immediately after entering that employment.
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| (7) Any question whether-
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| (a)
| a person is transferred to the employment of the Executive under subsection (1); or
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| (b)
| duties of a transferred employee are reasonably comparable to those mentioned in subsection (3);
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| shall be determined by a tribunal established under the Industrial Training Act (Northern Ireland) 1964.
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| (8) In subsections (1), (3) and (4) "terms and conditions of employment" includes any restriction under a statutory provision on the termination of the employment of any person.
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| (9) A person who is transferred to the employment of the Executive is in this Act referred to as a "transferred employee".
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| 11. | (1) A transferred employee who suffers loss of employment or loss or diminution of emoluments or loss of pension rights which is attributable to this Act shall be entitled to receive from the Executive the like amount of compensation to which he would be entitled if he were an officer of a local authority whose functions are transferred to a county council under a transfer order within the meaning of the Local Government Act (Northern Ireland) 1966, any service of his as an employee of the Trust or a new town commission being treated, for purposes of this subsection, as service as an officer of a local authority.
| Compensation of certain employees of the Executive.
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| (2) Regulations made under section 3 of the Local Government Act (Northern Ireland) 1966 shall, with any necessary modifications, apply accordingly in relation to compensation under subsection (1).
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| (3) This section and section 10 shall have effect for the purposes of section 6 as if-
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| (a) |
the references to the Trust and a new town commission were omitted;
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| (b)
| for any reference to housing functions there were substituted a reference to such part of those functions as is transferred under a transfer order;
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| (c)
| for references to the Executive, except in subsection (1) above, there were substituted references to the housing body to which functions are transferred by a transfer order;
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| (d)
| for references to 2nd July, 1970 there were substituted references to such date as may be specified for the purposes of section 10 and this section in a transfer order;
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| (e)
| for references to an order under section 9 there were substituted references to a transfer order.
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| Specific functions of the Executive and the Ministry
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| 12. | (1) The Executive may, with the consent of the Ministry, construct houses for sale and acquire land for the purposes of constructing on the land houses for sale by it.
| Disposal of houses by the Executive.
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| (2) The Executive may, with the consent of the Ministry, sell or lease any houses subject to such covenants and conditions as it may impose with respect to the maintenance or use of the houses.
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| (3) Upon a sale or grant of a lease under subsection (2), the Executive may agree to the price or any premium being paid by way of instalments or to payment being secured by a mortgage of the premises.
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| (4) In giving its consent under subsection (1) or (2) the Ministry may attach to the consent such conditions as it may specify.
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| (5) The powers conferred by this section shall be construed as being additional to any powers which are exercisable by the Executive under any other statutory provision.
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| (6) In this section "sale" includes sale in consideration of a fee farm rent, rent charge or similar periodical payment.
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| 13. | (1) After the day specified in relation to a local authority or new town commission referred to in an order under Section 9, the Ministry may by order made subject to affirmative resolution make such provision as it thinks fit with respect to the delegation to such a local authority or new town commission of any function of the Executive specified in the order.
| Delegation of functions by the Executive.
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| (2) Where any functions are delegated by an order under subsection (1) to a local authority or new town commission, the authority or commission shall, in the exercise of those functions, act as agents for the Executive and in accordance with such conditions as may be specified in the order.
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| 14. | The Executive may, subject to such conditions as the Ministry may specify, advance money by way of mortgage to any person for the purposes of -
| Advances by the Executive.
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| (a) |
acquiring or constructing a house; |
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| (b) |
converting a building into a house or acquiring buildings for that purpose;
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| (c) |
altering, enlarging, repairing or improving a house.
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| 15. | The Ministry may give directions of a general or specific nature to the Executive as to the manner in which it is to discharge its functions under this Act, and the Executive shall act in accordance with those directions.
| Directions to the Executive.
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| 16. | (1) Subsection (2) shall have effect with respect to the powers of the Executive under section 19 of the Interpretation Act (Northern Ireland) 1954 to employ staff.
| Staff of the Executive.
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| (2) The numbers, terms and conditions of employment, appointment and qualifications of such of the staff employed by the Executive as the Ministry may direct, shall be subject to the approval of the Ministry.
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| (3) The Executive shall be deemed to be a local authority for the purposes of the Local Government (Superannuation) Act (Northern Ireland) 1950 (in this section referred to as "the Act of 1950").
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| (4) The Act of 1950, Part III of the National Insurance Act (Northern Ireland) 1966 and any statutory instrument or document issued under the Act of 1950 or the said Part III shall have effect in relation to a person who, under this Act, is transferred to the employment of the Executive as if his employment by the Executive and his employment immediately before the transfer were one continuous employment.
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| (5) Where a person who, under this Act is transferred to the employment of the Executive was, immediately before his transfer date, a person to whom the Belfast Corporation Superannuation Scheme 1964 applied, Belfast Corporation shall pay to the Northern Ireland Local Government Officers' Superannuation Committee in respect of that person a transfer value under Article 51 of that Scheme.
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| (6) The Executive may, with the consent of the Ministry, make such provision as it considers desirable for the payment of pensions and other superannuation benefits to or in respect of such of its employees as it may designate for the purposes of this subsection, and subsections (3) and (4) shall not apply to a person so designated.
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| 17. | (1) The Executive shall provide the Ministry with such returns or information relating to its proceedings as the Ministry may require.
| Disclosure of information to the Ministry.
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| (2) For that purpose the Executive shall permit any person authorised by the Ministry in that behalf to inspect and make copies of its accounts, books, documents and papers and shall afford such explanation thereof as that person or the Ministry may reasonably require.
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| 18. | (1) The Executive shall as soon as may be after 31st March in each year make to the Ministry a report of its activities in the preceding financial year.
| Annual report. |
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| (2) The Ministry shall lay before Parliament a copy of every report made under this section.
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| Financial provisions
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| 19. | (1) The Executive shall keep such accounts and other records as the Ministry shall direct.
| Accounts and audit. |
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| (2) The Executive shall, as soon as may be after the close of each financial year-
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| (a)
| prepare an abstract of its accounts in such form as the Ministry with the approval of the Ministry of Finance shall direct;
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| (b) |
transmit a copy of that abstract to the Ministry.
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| (3) The accounts of the Executive shall in respect of each financial year be audited by such local government auditor as the Ministry may designate.
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| (4) Subject to subsection (5), the statutory provisions which relate or apply to the audit of the accounts of urban district councils (including such provisions which impose penalties or provide for the payment or recovery of sums in respect of audit fees, but not including such provisions which confer upon the auditor any power of charge, disallowance or surcharge) shall apply to the audit of the accounts of the Executive in like manner as if the Executive were an urban district council.
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| (5) The Ministry may by regulations make such modification or alteration in or such further provision with respect to the procedure to be followed by a local government auditor acting under this section as the circumstances require.
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| (6) The Ministry shall, in each financial year, transmit to the Comptroller and Auditor General a copy of the abstract of the Executive's accounts for the preceding financial year, certified by the local government auditor designated under subsection (3), together with a copy of that auditor's report thereon.
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| (7) The Comptroller and Auditor General shall examine any abstract of accounts and report transmitted to him under subsection (6) and lay copies of them, together with his report thereon, before each House of Parliament.
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| (8) The Comptroller and Auditor General may examine any accounts kept by the Executive and any records relating thereto.
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| (9) In this section "local government auditor" has the same meaning as in section 14 of the Local Government Act (Northern Ireland) 1934.
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| 20. | (1) The Ministry may make advances to the Executive of such amounts and on such terms as may be approved by the Ministry of Finance.
| Advances. |
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| (2) The Ministry of Finance may issue to the Ministry out of the Consolidated Fund such sums, not exceeding £150 million in the aggregate, as are necessary to enable the Ministry to make advances under subsection (1).
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| 21. | (1) The Executive may, with the approval of the Ministry of Finance, borrow money.
| Borrowing |
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| (2) The Ministry of Finance may guarantee, in such manner and on such conditions as it may think fit, the repayment of the principal of, and the payment of interest on, any sums which the Executive borrows from any person.
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| (3) Any sums required by the Ministry of Finance for fulfilling a guarantee under subsection (2) shall be charged on and issued out of the Consolidated Fund, and for the purpose of providing for such issues the Ministry of Finance may borrow money.
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| 22. | (1) The Ministry may, with the approval of the Ministry of Finance and subject to such conditions as to records, certificates or otherwise as the Ministry may determine, make contributions to the Executive towards the administrative expenses incurred or likely to be incurred in each financial year by the Executive in carrying out its functions.
| Contributions towards expenses of the Executive.
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| (2) For the purpose of enabling the Exeoutive to meet any expenditure specified by the Ministry for the purposes of this subsection, the Ministry may make grants to the Executive of such amounts as may be approved by the Ministry of Finance.
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| 23. | Any expenses incurred by the Ministry under this Act may be defrayed out of money provided by Parliament.
| Expenses. |
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| Miscellaneous
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| 24. | Schedule 3 shall have effect so as to modify the liability to make the payments, grants and contributions there set out and otherwise with respect to the payments, grants, contributions, amounts and liabilities specified in that Schedule.
| Liability and amount of certain payments, grants and contributions.
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| 25. | (1) It shall be the duty of each body to which this section applies to submit to the Ministry, within such period as the Ministry may direct in relation to the body, a scheme making provision with respect to the consideration to be given to matters specified in the scheme for the purpose of determining the order in which prospective tenants or occupiers of the body's houses are to be granted tenancies or licences of those houses.
| Schemes for allocation of houses to tenants or occupiers of certain housing bodies.
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| (2) The Ministry may approve a scheme submitted under subsection (1) with or without modifications.
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| (3) It shall be the duty of a body to which this section applies to comply with a scheme approved by the Ministry under subsection (2).
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| (4) A body to which this section applies may submit to the Ministry provisions amending a scheme approved under subsection (2) or a scheme replacing any such scheme and subsections (2) and (3) shall have effect in relation to those provisions or a scheme replacing an existing scheme as they have effect in relation to a scheme.
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| (5) Where a scheme making the provision required by subsection (1) has before the commencement of this Act been approved by the Ministry after being submitted to it by a body to which this section applies, the scheme shall be deemed to have been approved by the Ministry under subsection (2).
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| (6) This section applies to a housing body and the Executive.
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| 26. | (1) The Trust and, in relation to their housing functions, a local authority shall not, until the relevant appointed day in relation to the Trust or authority, acquire any land without the consent of the Ministry.
| Transitional provisions with respect to the Trust and local authorities.
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| (2) Without the consent of the Ministry a local authority shall not, until the relevant appointed day in relation to that authority, promote any person employed by the authority wholly or mainly for the purposes of the authority's housing functions or in any other way alter the terms or conditions on which any person is so employed by the authority or appoint any person for those purposes.
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| (3) Without the consent of the Ministry the Trust shall not, until the relevant appointed day in relation to the Trust, promote any person employed by it or in any other way alter the terms or conditions of employment of any of its employees.
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| (4) In giving its consent under this section, the Ministry may attach to the consent such conditions as it may specify.
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| 27. | In this Act- "the Act of 1945" means the Housing Act (Northern Ireland) 1945;
| Interpretation. |
| "the Act of 1946" means the Housing (No. 2) Act (Northern Ireland) 1946;
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| "the Act of 1956" means the Housing (Miscellaneous Provisions) and Rent Restriction Law (Amendment) Act (Northern Ireland) 1956;
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| "the Act of 1961" means the Housing Act (Northern Ireland) 1961;
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| "the Act of 1963" means the Housing Act (Northern Ireland) 1963;
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| "the Act of 1967" means the Housing Act (Northern Ireland) 1967;
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| "Belfast Corporation" means the lord mayor, aldermen and citizens of the city of Belfast acting by the council thereof;
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| "clearance area" means an area declared to be such an area under the Planning and Housing Act (Northern Ireland) 1931;
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| "development housing functions" in relation to a new town commission means its functions, other than municipal functions, under the New Towns Act (Northern Ireland) 1965 with respect to housing matters;
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| "the Council" has the meaning assigned by section 2;
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| "the Executive" has the meaning assigned by section 1;
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| "house" has the meaning assigned by section 63 of the Act of 1956;
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| "housing body" means a local authority, a new town commission or the Trust;
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| "Housing Acts" means the Housing Acts (Northern Ireland) 1890 to 1967;
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| "housing functions" means-
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| (a) |
in relation to a local authority, their functions under the Housing Acts;
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| (b) |
in relation to a new town commission, its development and municipal housing functions;
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| "local authority" means Fermanagh county council and the council of a county or other borough or of an urban or rural district;
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| "Minister" means the Minister of Development; "Ministry" has the meaning assigned by section 2; "mortgage" includes a charge;
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| "municipal housing functions" in relation to a new town commission means the functions which, by virtue of an order under section 28 of the New Towns Act (Northern Ireland) 1965, it may exercise under the Housing Acts;
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| "new town commission" means such a commission established under the New Towns Act (Northern Ireland) 1965;
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| "planning authority" means an interim development authority; "prescribed" means prescribed by regulations made by the Ministry;
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| "redevelopment area" means an area declared to be such an area under the Act of 1956;
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| "relevant appointed day" means a day appointed in an order under section 7 in relation to a housing body specified in the order;
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| "residuary functions" means functions under sections 1 to 4 of the Housing and Local Government (Miscellaneous Provisions) Act (Northern Ireland) 1946 and sections 6 to 9 of the Act of 1946;
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| "statutory document" and "statutory provision" have the meanings assigned by section 1 of the Interpretation Act (Northern Ireland) 1954;
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| "transfer date" in relation to a person who is transferred under this Act to the employment of a housing body or the Executive means the date on which he is so transferred;
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| "transfer order" has the meaning assigned by section 6; "transferred employee" has the meaning assigned by section 10;
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| "the Trust" means the Northern Ireland Housing Trust.
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| 28. | (1) Regulations made under this Act shall, unless made subject to affirmative resolution by any provision of this Act, be subject to negative resolution.
| Regulations and directions.
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| (2) Any directions given under this Act may be varied or revoked by subsequent directions so given.
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| 29. | This Act may be cited as the Housing Executive Act (Northern Ireland) 1971 and may be cited together with the Housing Acts as the Housing Acts (Northern Ireland) 1890 to 1971.
| Short title. |
