Housing (Miscellaneous Provisions) Act 2009
|
Transitional arrangements and savings provisions. |
96.— (1) Where a household has applied for affordable housing under Part 2 of the Act of 2002 or Part V of the Planning and Development Act 2000 before the coming into operation of this Part, section 7 (in so far as it applies to the Act of 2002 or the Planning and Development Act 2000, as the case may be) and section 8 (in so far as it applies to the Planning and Development Act 2000 ), and a decision has not been made to allocate a dwelling or site before the said coming into operation, the household shall, on the said coming into operation, be deemed to have applied to purchase an affordable dwelling under an affordable dwelling purchase arrangement and this Part shall apply accordingly with any necessary modifications. | |
(2) On the coming into operation of this Part, a housing authority shall notify in writing each household referred to in subsection (1) that it considers their application for affordable housing to be an application to purchase an affordable dwelling under an affordable dwelling purchase arrangement, and any such household is required to notify the housing authority in writing within 3 months of the date of such notification where the household does not wish to proceed with the application concerned on that basis. | ||
(3) Where a household applies to a housing authority in respect of the grant of a shared ownership lease under section 3 of the Act of 1992 before the coming into operation of this Part and section 7 (in so far as it applies to the Act of 1992) and a decision to grant the lease has not been made by the housing authority before the said coming into operation, the household shall, on the said coming into operation, be deemed to have applied to purchase an open market dwelling under an affordable dwelling purchase arrangement and this Part shall apply accordingly with any necessary modifications. | ||
(4) On the coming into operation of this Part, a housing authority shall notify in writing each household referred to in subsection (3) that it considers their application for the grant of a shared ownership lease under section 3 of the Act of 1992 to be an application to purchase an open market dwelling under an affordable dwelling purchase arrangement, and any such household is required to notify the housing authority in writing within 3 months of the date of such notification where the household does not wish to proceed with the application concerned on that basis. | ||
(5) Not withstanding the repeal by section 7 of sections 2, 3 and 9 of the Act of 1992 and section 10 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the Act of 1992 and the Act of 2002), continue to apply to a shared ownership leases granted under section 3 of the Act of 1992 before the said coming into operation of section 7 as if section 7 had not come into operation. | ||
(6) Notwithstanding the repeal by section 7 of sections 98 , 99 and 100 of the Planning and Development Act 2000 , those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable housing (within the meaning of that Act) sold or leased under section 98 of that Act before the said coming into operation of section 7 as if section 7 had not come into operation. | ||
(7) Notwithstanding the repeal by section 7 of sections 6, 8 and 9 of the Act of 2002, those provisions and any regulations made thereunder shall, after the coming into operation of section 7 (in so far as it applies to the said Act), continue to apply to affordable houses (within the meaning of that Act) sold before the said coming into operation of section 7 as if section 7 had not come into operation. |