C11

Prospective affecting provision: section inserted by Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks (Amendment) Act 2025 (20/2025), s. 17, not commenced as of date of revision.

F26[23B. (1) Following receipt of an application pursuant to section 23A(5)(a), the Housing Agency shall arrange for an authorised officer who is a competent engineer to assess the relevant dwelling having regard to the revised I.S. 465:2018 and submit a report of the assessment to the Housing Agency in accordance with this section.

(2) For the purposes of preparing a report under subsection (1), the authorised officer may—

(a) exercise such powers referred to in section 43 as he or she considers necessary, and

(b) review such information or documents as he or she considers appropriate.

(3) The authorised officer shall submit a report to the Housing Agency which shall state whether, in his or her opinion, the approved remediation option should be replaced having regard to the revised I.S. 465:2018.

(4) The Housing Agency shall consider the application under section 23A(1) and the report of the authorised officer and shall—

(a) where it is satisfied that the approved remediation option is no longer appropriate having regard to the revised I.S. 465:2018 approve—

(i) in accordance with any regulations made under section 12, an updated remediation option to remedy the damage to the dwelling caused by the use of defective concrete blocks in its construction, and

(ii) subject to subsection (7) and in accordance with section 10, or any order made under section 11, an updated remediation option grant which may be paid to the relevant owner under section 18 for the purpose of completing the updated remediation option,

or

(b) where it is not satisfied that an updated remediation option is required having regard to the revised I.S. 465:2018, refuse to approve the updated remediation option and updated remediation option grant.

(5) For the purposes of subsection (4), the Housing Agency may—

(a) require the relevant owner to provide further information or documents within a specified period, or

(b) require further information from the designated local authority.

(6) Where a relevant owner does not comply with a requirement under subsection (5)(a), the application shall be considered to have been withdrawn.

(7) The amount of an updated remediation option grant approved under subsection (4)(a)(ii) shall not be less than the amount of the remediation option grant approved under section 16(4)(a)(ii).

(8) The Housing Agency shall notify the designated local authority of its decision under subsection (4), and of the reasons for its decision, as soon as practicable after the decision is made.

(9) Where a relevant owner states in the application under section 23A(1) that he or she, or any other person who has a legal or beneficial interest in the relevant dwelling, received a payment from another person, other than under this Act, in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction, the designated local authority shall reduce the updated remediation option grant by the amount of the payment.

(10) The designated local authority shall, as soon as practicable after being notified by the Housing Agency under subsection (8), notify the relevant owner of the decision under subsection (4) and, where applicable, of a reduction under subsection (9), and the reasons for the decision and, where applicable, reduction, and the notification shall—

(a) where it relates to a decision under subsection (4)(a), state that the relevant owner—

(i) is required to comply with section 17, subject to the modifications referred to in subsection (12), and

(ii) shall not, after the specified date, make an application for payment under—

(I) section 18, in respect of the remediation option grant which was approved under section 16(4)(a),

(II) section 18A, or

(III) section 22, in respect of an ancillary grant which was approved before the date of the notification,

and

(b) state that the relevant owner may appeal the decision in accordance with Part 5 within 90 days of the date of the notification under this subsection.

(11) Subject to the modifications referred to in subsection (12) and any other necessary modifications, an updated remediation option and an updated remediation option grant approved under subsection (4)(a) shall, from the specified date and for the purposes of this Act, be deemed to be an approved remediation option and remediation option grant under section 16(4)(a) and this Act shall apply accordingly.

(12) The modifications are:

(a) for the purposes of section 10(4A), all payments before the specified date shall be disregarded;

(b) sections 13 to 16 shall not apply;

(c) in section 17(1), the reference to “a notification under section 16(9) which relates to a decision under section 16(4)(a)” shall be construed as a reference to “a notification under section 23B(10) which relates to a decision under section 23B(4)(a)”;

(d) in section 19(1)(a):

(i) the reference in subparagraph (i) to “the notification under section 16(9)” shall be construed as a reference to “the notification under section 23B(10)”;

(ii) the reference in subparagraph (ii) to “a decision under section 16(4)” shall be construed as a reference to “a decision under section 23B(4)”;

(e) in section 22(2), the reference to “before or after the making of an application under section 13” shall be construed as a reference to “on or after the specified date (within the meaning of section 23B)”.

(13) The Minister may prescribe—

(a) the standards by reference to which inspections and tests by authorised officers for the purposes of section 23A and this section are to be carried out,

(b) the procedures for the selection by the Housing Agency of competent engineers to be authorised officers for the purposes of this section and the form and manner in which reports of authorised officers are to be provided,

(c) the matters to which the Housing Agency is to have regard in approving the updated remediation option and updated remediation option grant under subsection (4)(a),

(d) the form and manner in which a requirement may be made under section 23A(4) or subsection (5),

(e) the method and procedure by which the updated remediation option grant may be reduced under subsection (9), and

(f) the form and manner in which a notification may be given under section 23A(7) or subsection (10).

(14) In making regulations under paragraph (a), (b) or (c) of subsection (13) the Minister shall have regard to the revised I.S. 465:2018.

(15) In this section, “specified date” means the earlier of—

(a) the date on which the period of 60 days after the date of the notification under subsection (10) expires, or

(b) the date that the relevant owner notifies the designated local authority that he or she has submitted the last application for payment referred to in clause (I), (II) or(III), as the case may be, of subsection (10)(a)(ii).]