The Houses in Multiple Occupation (Commencement and Transitional Provisions) Order (Northern Ireland) 2019

Made: 7th March 2019

Coming into operation: 1st April 2019

The Department for Communities [^f00001], in exercise of the powers conferred by sections 86(1) and 90(2) of the Houses in Multiple Occupation Act (Northern Ireland) [^f00002], makes the following Order:

Citation

1

This Order may be cited as the Houses in Multiple Occupation (Commencement and Transitional Provisions) Order (Northern Ireland) 2019.

Provisions coming into operation on 1st April 2019

2

1st April 2019 is the appointed day for the coming into operation of the Houses in Multiple Occupation Act (Northern Ireland) 2016 in so far as it is not already in operation.

Transitional provisions

3

• (1) A house in multiple occupation that has been registered immediately before the appointed day, in accordance with a registration scheme under Article 75B of the Housing (Northern Ireland) Order 1992 [^f00003], shall be treated for all purposes of the Houses in Multiple Occupation Act (Northern Ireland) 2016 as having been issued with a license under section 7 of that Act.

• (2) A licence deemed to have been issued under paragraph (1) shall also be deemed:—

• (a) to specify in it the appointed day as the date on which the licence takes effect;

• (b) to be expired on the date on which registration under the said registration scheme would have expired; and

• (c) to have been granted on the same conditions as those attached to the registration under the said registration scheme.

• (3) Any extant application on the appointed day shall be treated as if it had been made to the appropriate council under the Houses in Multiple Occupation Act (Northern Ireland) 2016.

• (4) In processing the application the council shall have regard to the application conditions which were in place at the time the application was made.

Signed

Sealed with the Official Seal of the Department for Communities on 7th March 2019.

David Polley — A senior officer of the Department for Communities

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into operation the Houses in Multiple Occupation Act (Northern Ireland) 2016 in so far as it is not already in operation and makes transitional provisions for houses in multiple occupation, registered in accordance with a registration scheme under Article 75B of the Housing (Northern Ireland) Order 1992, to be treated as being licensed under the 2016 Act.

Footnotes

[^f00001]: Under section 1(7) of the Departments (Northern Ireland) Act 2016 (c.5 (N.I.)), the Department for Social Development, on which the enabling powers for this Order were conferred, was renamed the Department for Communities.

[^f00002]: 2016 c.22 (N.I.)

[^f00003]: S.I. 1992 No. 1725 (N.I. 15)