Local Government and Housing Act 1989

• (1) Any reference in this section to a “grant condition” is a reference to a condition for the timebeing in force under subsection (2) or subsection (4) of section 119 above,subsection (2) of section 120 above, subsection (2) of section 121 above, anyof subsections (2), (4) and (6) of section 122 above or subsection (2) ofsection 123 above.

• (2) If at any time while a grant condition remains in force with respect toa dwelling, house or building.—

• (a) the owner of the dwelling, house or building to which the conditionrelates pays the amount of the grant to the local housing authority by whomthe grant was made, or

• (b) a mortgagee of the interest of the owner in that dwelling, house orbuilding being a mortgagee entitled to exercise a power of sale, makes sucha payment,

the grant condition and any other grant conditions shall cease to be inforce with respect to that dwelling, house or building.

• (3) In the case of a grant condition imposed on a landlord’s common partsapplication any reference in subsection (2) above to the owner of the buildingis a reference to the applicant or any such successor in title as is referredto in section 123(4) above.

• (4) An amount paid by a mortgagee under subsection (2)(b) above shall betreated as part of the sums secured by the mortgage and may be dischargedaccordingly.

• (5) The purposes authorised for the application of capital money by—

• (a) section 73 of the Settled Land Act 1925,

• (b) that section as applied by section 28 of the Law ofProperty Act 1925 in relation to trusts for sale, and

• (c) section 26 of the Universities and College Estates Act1925,

include the making of payments under subsection (2) above.

Renovation grants relating to two or more dwellings.

126

• (1) Subject to subsection (2) below, no application for a renovation grant maybe made in respect of more than one dwelling.

• (2) A single application may be made for a renovation grant towards the costof works required for the provision of two or more dwellings by the conversionof a house or other building.

• (3) In the case of such a single application as is referred to in subsection(2) above—

• (a) for the purposes of section 106 above, a separate certificate may be givenin respect of each dwelling or in respect of any one or more of them;

• (b) if the application is accompanied by more than one certificate and atleast one of them is an owner-occupation certificate or a special certificatethe application shall be treated as falling within section 109 above and notwithin section 110 above;

• (c) each dwelling shall be treated separately for the purposes of sections 119to 125 above; and

• (d) the grant shall, for those purposes, be treated as apportioned equallybetween each of the dwellings, and any reference in those sections to theamount of the grant shall be construed accordingly.

Group repair schemes

Group repair schemes and persons eligible to participate.

127

• (1) In accordance with a scheme under this section prepared by a local housingauthority and approved by the Secretary of State, the authority may, with theconsent of the persons participating in the scheme, enter into agreements tosecure the carrying out of such external works to qualifying buildings towhich the scheme relates as will ensure that, on completion of the works, theexterior of those buildings will be in reasonable repair; and in this Partsuch a scheme is referred to as a “group repair scheme".

• (2) The approval of the Secretary of State under subsection (1) above may begiven either to a specific scheme or generally to schemes which fulfil suchcriteria as he may from time to time specify; and any such approval may bemade conditional upon compliance with requirements specified by him.

• (3) Every person who, at the date of the approval of the scheme, has anowner’s interest in a dwelling or other premises comprised in a building towhich a group repair scheme relates and who fulfils the conditions insubsection (5) below is eligible to participate in the scheme as an assistedparticipant unless that person is—

• (a) the council of a county, county boroughdistrict or London borough, the Common Councilof the City of London or the Council of the Isles of Scilly;

• (b) a development corporation or the Commission for the New Towns;

• (c) the Development Board for Rural Wales;

• (d) a housing action trust; or

• (e) a registered social landlord.

• (4) Any of the bodies specified in paragraphs (a) to (e) of subsection (3)above which has an owner’s interest in a dwelling or other premises comprisedin a building to which a group repair scheme relates is eligible toparticipate in the scheme as an unassisted participant.

• (5) The conditions referred to in subsection (3) above are—

• (a) that, as respects the dwelling or other premises in which he has anowner’s interest, the person concerned either is able to give possession ofany part of the building to which external works are proposed to be carriedout or has the consent of the occupier of that part to the carrying out ofthose works; and

• (b) that, if the owner’s interest which he has is an interest in a dwellingand this paragraph is not excluded by subsection (6) below, he gives acertificate of future occupation which falls within subsection (2) orsubsection (4) of section 106 above; and

• (c) that, if the owner’s interest which the person concerned has is aninterest in a house in multiple occupation and that person is not a charityor the trustee of a charity, he gives a certificate under section 106(7)above.

• (6) Paragraph (b) of subsection (5) above does not apply if—

• (a) the person concerned is a charity or the trustee of a charity; or

• (b) the dwelling is the residence house of an ecclesiastical benefice.

• (7) If the Secretary of State so directs in the case of any scheme or anydescription of scheme, such of the provisions of this section and sections 128to 130 below as are specified in the direction shall not apply in relation tothat scheme or, as the case may be, in relation to a scheme of thatdescription.

• (8) Section 99 above applies to the power to give directions under subsection(7) above as it applies to a power to give directions under Part VII of thisAct.

Qualifying buildings and external works, etc.

128

• (1) A building is not a qualifying building in relation to a group repairscheme unless, at the time the scheme is prepared, the whole or some part ofthe exterior of the building is not in reasonable repair and that lack ofreasonable repair affects at least 75 per cent. of the houses contained in thebuilding.

• (2) Every group repair scheme shall relate to at least one qualifying building(in this section referred to as “the primary building”) which was constructed so as tocomprise not less than four separate houses and may also relate to one or moreother qualifying buildings if the following conditions are fulfilled withrespect to each of them—

• (a) the building was constructed so as to comprise at least one house and iscontiguous or adjacent to the primary building; and

• (b) the exterior of the building is not in reasonable repair and is in needof works similar to those required to the exterior of the primary building;and

• (c) carrying out the works to the building and the primary building at thesame time is the most effective way of securing the repair of each of them.

• (3) The question whether a building was constructed so as to comprise not lessthan four houses or at least one house shall be determined according to theconfiguration of the building at the date of its construction.

• (4) For the purposes of this section—

• (a) a terrace of houses shall be regarded as one building except that, if itappears appropriate to a local housing authority to do so, having regard inparticular to the requirements of subsection (1) above, they may treat partonly of the terrace as a building; and

• (b) if, apart from this paragraph, one building would be regarded ascontaining two or more purpose-built flats and one or more houses, the partof the building containing the purpose-built flats and the part or parts ofthe building containing the houses shall be regarded as separate buildings.

• (5) In relation to a group repair scheme, “external works” are works to any part of the exterior of abuilding to which the scheme relates and, so far only as may be necessary togive satisfactory effect to such works, additional works to other parts of thebuilding.

• (6) For the purposes of this Part, the exterior of a building means—

• (a) any part thereof which is exposed to the elements of wind and rain orotherwise faces into the open air (including, in particular, roofs, chimneys,walls, doors, windows, rainwater goods and external pipework); and

• (b) the curtilage of the building, including any wall within the curtilagewhich is constructed as a retaining wall or otherwise to protect the structureof the building;

and, in relation to works to any part of the curtilage referred to inparagraph (b) above, the reference in subsection (5) above to additional worksto other parts of the building includes a reference to additional works onland outside the curtilage.

• (7) In this section—

• (a) “house” means a dwelling which is not a flat (and,accordingly, does not include a house constructed as a house in multipleoccupation); and

• (b) a “purpose-built flat” means a part of a building which, at thedate of the construction of the building, was constructed as a flat.

• (8) For the purposes of this Part, unless the exterior of a building issubstantially free from rising or penetrating damp, it shall not be regardedas in reasonable repair.

Contributions by participants and limitations on works.

129

• (1) Those persons who are eligible to participate in a group repair scheme andwho participate in the scheme by signifying consent (in this section referredto as “scheme consent”), in accordance with the terms of thescheme, to the proposals to carry out the external works specified in thescheme shall be liable, subject to subsection (2) below, to contribute to thecost, as notified to them under the scheme, of such of those works as relateto the house or other premises in which they have an interest at a ratedetermined in accordance with this section.

• (2) For the purposes of subsection (1) above, “house” includes premises which were originally constructedas a house but which, by the time the group repair scheme is prepared, havebeen divided so as to form one or more flats, with or without other premises;and, in the case of a house which has been so divided, the cost of such of theexternal works as relate to the house shall be apportioned between the severalparts into which the house has been divided in such way as may be agreedbetween the persons with owner’s interests in those parts or, in default ofagreement, equally.

• (3) In the case of a person who participates in a scheme as an unassistedparticipant, the rate of contribution shall be 100 per cent.

• (4) In the case of a person who participates in a scheme as an assistedparticipant but whose owner’s interest in the part of the qualifying buildingin question is an interest in premises other than a house or flat, the rateof contribution, subject to subsection (5) below, shall be—

• (a) 25 per cent. in a case where the qualifying building is in a renewal area;and

• (b) 50 per cent. in any other case;

and in this subsection “house” includes a house in multiple occupation.

• (5) The Secretary of State may by order amend paragraph (a) or paragraph (b)of subsection (4) above so as to specify a percentage different from thatwhich applied before the coming into force of the order.

• (6) In the case of any other person who participates in a scheme as anassisted participant, the rate of contribution shall be such percentage as maybe determined by the local housing authority, being a percentage between niland that which would be appropriate if subsection (4) above applied; and, inmaking their determination under this subsection in the case of any person,the authority shall have regard—

• (a) to the way in which section 109 or section 110 above would apply in hiscase if he were an applicant for a renovation grant or, as the case mayrequire, an HMO grant; and

• (b) to any guidance given by the Secretary of State for the purposes of thissection;

and section 99 above applies to the power to give guidance as mentionedin paragraph (b) above as it applies to any power to give guidance under PartVII of this Act.

• (7) Except as provided by subsection (8) below, no external works shall becarried out to a part of a building which consists of a house, flat or otherpremises in respect of which no person eligible to participate has signifiedscheme consent.

• (8) Subsection (7) above does not apply—

• (a) to works carried out to a part of a building in respect of which there isno person (or no ascertainable person) eligible to participate in the scheme;or

• (b) to works which—

• (i) are carried out to a part of a building in respect of which the personeligible to participate consents to their being carried out but has notsignified scheme consent (and, accordingly, is not liable to contribute); and

• (ii) it is necessary to carry out in order satisfactorily to carry out anyexternal works specified in the scheme to another part of the building inrespect of which a person eligible to participate has signified schemeconsent.

Payment of balance of costs in case of certain disposals.

130

• (1) When the external works specified in a group repair scheme are completed,the local housing authority shall, for the purposes of this section, send toeach assisted participant a certificate specifying the date on which the workswere completed to their satisfaction; and in subsection (2) below that dateis referred to as “the completion date”.

• (2) It shall be a condition of participation in a group repair scheme as anassisted participant that if, before the expiry of the period of three yearsbeginning with the completion date, the assisted participant makes a relevantdisposal (other than an exempt disposal) of the dwelling or other premises inwhich he had an owner’s interest at the date of the approval of the scheme,then, subject to subsection (6) below, he shall pay to the local housingauthority on demand the outstanding balance determined in accordance withsubsections (3) and (4) below or such lesser amount, being not less thanone-third of that outstanding balance, as the authority may specify in thedemand.

• (3) Subject to subsection (4) below, in the case of any assisted participant,the outstanding balance referred to in subsection (2) above is the differencebetween—

• (a) the cost, as notified to him under the scheme, of such of the externalworks specified in the scheme as relate to the house or other premises inwhich his owner’s interest subsisted; and

• (b) the amount of the contribution in respect of that cost paid by him byvirtue of section 129 above.

• (4) If, in the case of any assisted participant, the cost of the externalworks relating to the house in which he had an owner’s interest falls to beapportioned as mentioned in subsection (2) of section 129 above, the referencein subsection (3) above to the cost of the works relating to the house shallbe construed as a reference to that part of the cost which is apportioned tothe part of the house in which his owner’s interest subsisted.

• (5) Section 124 above applies for the purposes of this section as it appliesfor the purposes of sections 120 to 123 above, except that for any referencein that section to the dwelling there shall be substituted a reference to thehouse (or part of a house) or other premises in which the assisted participanthad an owner’s interest.

• (6) The duty of an assisted participant under subsection (2) above shall ceaseto apply if he makes such a disposal as is mentioned in that subsection eitherfor no consideration or for consideration of an amount less than that eitherprescribed, or calculated in accordance with a formula prescribed, byregulations made by the Secretary of State.

• (7) In subsections (3) to (5) above “house” shall be construed in accordance with section 129(2)above.

Minor works

Assistance for provision of minor works to dwellings.

131

• (1) Subject to the provisions of regulations under subsection (3) below, onan application made to them for the purpose, a local housing authority maygive assistance as mentioned in subsection (2) below—

• (a) for the provision or improvement of thermal insulation in a dwelling;

• (b) for the carrying out of works of repair to a dwelling which, at the timeof the application, is included in a clearance area, within the meaning ofsection 289 of the Housing (c) to an elderly owner or tenant of a dwelling forthe carrying out of works of repair, improvement or adaptation;

• (d) for the carrying out of works to adapt a dwelling to enable an elderlyperson who is not an owner or tenant of the dwelling but who is or proposesto be resident in the dwelling to be cared for; or

• (e) for any other purpose specified by order made by the Secretary of State.

• (2) Assistance under this section may be in the form of a grant or theprovision of materials but—

• (a) the total amount or value of the assistance given on any one applicationshall not exceed £1,000 or such other sum as may be determined for thepurposes of this paragraph in accordance with regulations under subsection (3)below;

• (b) the total amount or value of assistance given under this section in anyperiod of three years in respect of any one dwelling shall not exceed£3,000 or such other sum as may be determined for the purposes of thisparagraph in accordance with regulations under subsection (3) below; and

• (c) no assistance may be given under this section in respect of works if theyare or are included in the eligible works in relation to an application fora grant which has been approved under the preceding provisions of this Part.

• (3) The Secretary of State may by regulations make provision for thedetermination of sums for the purposes of paragraphs (a) and (b) of subsection(2) above and, in addition, may for the purposes of this sectionspecify—

• (a) the manner in which an application for assistance is to be made and thecontent of such an application;

• (b) the descriptions of dwellings and works in respect of which assistance maybe given;

• (c) the descriptions of persons to whom assistance may be given;

• (d) the procedure for dealing with applications under subsection (1) above andfor ensuring that works are carried out to any standard specified in theregulations; and

• (e) the way in which the amount of assistance to be given on any applicationis to be calculated, taking account, in such manner and to such extent as maybe determined under the regulations, of the financial circumstances of theapplicant.

Supplementary provisions

Contributions by the Secretary of State.

132

• (1) The Secretary of State may pay contributions to local housing authoritiestowards such expenditure incurred by them under this Part as he may determine.

• (2) The rate or rates of the contributions, the calculation of the expenditureto which they relate and the manner of their payment shall be such as may bedetermined by the Secretary of State with the consent of the Treasury.

• (3) A determination under subsection (1) or subsection (2) above may bemade—

• (a) generally, or

• (b) with respect to a particular local housing authority or description ofauthority, including a description framed by reference to authorities in aparticular area,

and may make different provision in relation to different cases ordescriptions of case.

• (4) Subsections (3) to (6) of section 96 above shall apply in relation to thissection, substituting a reference to subsection (1) or, as the case may be,subsection (2) above for any reference to the corresponding subsection of thatsection.

• (5) In the application of section 516 of the Housing Act1985 (contributions by Secretary of State towards expense of grants under PartXV of that Act) in relation to a case where—

• (a) an application under section 461 of that Act has been approved by thelocal housing authority after 14th June 1989, and

• (b) the date which is the certified date, as defined in section 499(3) of thatAct, in relation to the works to which that application relates falls on orafter the day appointed under section 195 below for the coming into force ofsection 101 above,

for subsection (2) there shall be substituted the followingsubsection—

(2) In the case of any grant, the contribution— (a) shall be equal to a percentage of the amount of the grant determined undersubsections (3) and (4) below; and (b) shall be payable in one sum or by two or more instalments, according asthe Secretary of State may determine.

Persons entitled to grants.

133

• (1) In relation to a grant or an application for a grant, references in thepreceding provisions of this Part, and in subsection (2) below, to theapplicant shall be construed in relation to any time after his death as areference to his personal representatives.

• (2) Where an application for a grant is approved but before the certified datethe applicant ceases to be a person entitled to apply for a grant of thatdescription—

• (a) in the case of any grant, other than a common parts grant, no grant shallbe paid or, as the case may be, no further instalments shall be paid, and

• (b) in the case of a common parts grant, other than one made on a tenants’common parts application, the local housing authority may refuse to pay thegrant or any further instalment,

and the authority may demand that any instalment of the grant which hasbeen paid be repaid forthwith, together with interest from the date on whichit was paid until repayment at such reasonable rate as the authority maydetermine.

• (3) For the purposes of subsection (2) above an applicant ceases to be aperson entitled to apply for a grant, other than a common parts grant,—

• (a) if he ceases to have the owner’s interest by virtue of which the conditionin section 104(1)(a) above was (or was treated as) fulfilled, or

• (b) if he ceases to be a tenant of the dwelling, or

• (c) if he, or a member of his family, ceases to have the intention specifiedin a certificate under subsection (2), subsection (3) or subsection (4) (asthe case may be) of section 106 above, or

• (d) if, in the case of an applicant for an HMO grant, he ceases to have theintention specified in a certificate under section 106(7) above.

• (4) For the purposes of subsection (2) above an applicant whose applicationis a landlord’s common parts application ceases to be a person entitled toapply for a common parts grant—

• (a) if he ceases to have a duty or power to carry out the relevant works; or

• (b) if he ceases to have such an interest in the building as is referred to in paragraph (a) or paragraph (b) of section 105(4) above.

Cases in which grants may be re-calculated, withheld or repaid.

134

• (1) Where an application for a grant has been approved by the local housingauthority, subsection (2) below applies in any case where—

• (a) the eligible works are not completed to the satisfaction of the authoritywithin the period specified under subsection (2) of section 118 above, or suchextended period as they may allow under subsection (3) of that section; or

• (b) the authority ascertain that the aggregate of the cost of completing theeligible works and the costs incurred with respect to preliminary or ancillaryservices and charges, is or is likely to be lower than the estimated expense;or

• (c) the authority ascertain that without their knowledge the eligible workswere started before the application was approved and the application wasneither—

• (i) one which they were required to approve by virtue of section 112 above ina case where completion of the relevant works was necessary to comply with anotice under section 189 of the Housing Act 1985 (repairnotice requiring works to render premises fit for human habitation); nor

• (ii) one which they were required to approve by virtue of section 113 above.

• (2) Where this subsection applies, the authority may—

• (a) refuse to pay the grant or any further instalment of grant which remainsto be paid; or

• (b) make a reduction in the grant which, in a case falling within subsection(1)(b) above, is to be a reduction proportionate to the reduction in theestimated expense;

and may demand repayment by the applicant forthwith, in whole or part,of the grant or any instalment of the grant paid, together with interest atsuch reasonable rate as the authority may determine from the date of paymentuntil repayment.

Power of local housing authority to carry out works which would attractgrant.

135

• (1) A local housing authority may by agreement with a person having therequisite interest execute at his expense—

• (a) any works towards the cost of which a grant under this Part is payable ormight be paid on an application duly made and approved; and

• (b) any further works which it is in their opinion necessary or desirable toexecute together with the works mentioned in paragraph (a) above.

• (2) Except in the case of a common parts grant, the “requisite interest” means an owner’s interest in everyparcel of land on which the works are to be carried out or, in a case where(if an application was made) section 104(4) above might apply, in part onlyof the land concerned.

• (3) In the case of a common parts grant, the reference in subsection (1) aboveto a person having the requisite interest is a reference to the personwho—

• (a) has a power or duty to carry out the relevant works; and

• (b) has such an interest in the building or in a flat in the building as isreferred to in subsection (4) of section 105 above.

Parsonages, charities etc.

136

Sections 104 and 106 above do not apply to—

• (a) an application for a grant in respect of glebe land or the residence houseof an ecclesiastical benefice; and

• (b) an application for a grant made by a charity or on behalf of a charity bythe charity trustees of the charity.

Orders and regulations.

137

• (1) Orders under this Part—

• (a) may make different provision with respect to different cases ordescriptions of cases, including different provision for different areas; and

• (b) shall be made by statutory instrument which shall be subject to annulmentin pursuance of a resolution of either House of Parliament.

• (2) Orders and regulations under this Part may contain such incidental,supplemental or transitional provisions as the Secretary of State considersappropriate.

Interpretation of Part VIII.

138

• (1) In this Part, except where the context otherwise requires,—

• “agricultural population” means—persons whose employment or latest employment is or was employment inagriculture or in an industry mainly dependent on agriculture, andthe dependents of those persons;and for this purpose “agriculture” includes dairy-farming and poultry-farming andthe use of land as grazing, meadow or pasture land, or orchard or osier landor woodland, or for market gardens or nursery grounds;

• “certified date” means the date certified by the localhousing authority as the date on which the execution of the eligible works iscompleted to their satisfaction;

• “charity” does not include a registered social landlordbut, subject to that, has the same meaning as in the the Charities Act 1993;

• “common parts”, in relation to a building, includes thestructure and exterior of the building and common facilities provided, whetherin the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

• “disabled person” has the meaning assigned by section 114(6)above;

• “dwelling” means a building or part of a building occupiedor intended to be occupied as a separate dwelling, together with any yard,garden, outhouses and appurtenances belonging to it or usually enjoyed withit;

• “the eligible works” shall be construed in accordance withsection 116(2)(a) above;

• “the estimated expense” shall be construed in accordance withsection 116(2) above;

• “flat”, in relation to a building, means a dwelling which isa separate set of premises, whether or not on the same floor, dividedhorizontally from some other part of the building;

• “group repair scheme” has the meaning assigned by section127(1) above;

• “house in multiple occupation” has the same meaning as inPart VII above;

• “improvement” includes alteration and enlargement;

• “initial period” means the period of five years beginningwith the certified date;

• “landlord’s common parts application” has the meaningassigned by section 105(2)(b) above;

• “local housing authority” has the same meaning as in the Housing Act 1985;

• “long tenancy” has the meaning assigned by section 115 ofthat Act;

• “occupying tenant” has the meaning assigned by section105(2)(a) above;

• “owner”, in relation to a dwelling, means the personwho—

• (a) is for the time being entitled to receive from a lessee of the dwelling(or would be so entitled if the dwelling were let) a rent of not less thantwo-thirds of the net annual value of the dwelling; and

• (b) is not himself liable as lessee of the dwelling, or of property whichincludes the dwelling, to pay such a rent to a superior landlord;

• and, in relation to a house in multiple occupation, “owner” has the same meaning as in Part XI of the Housing Act1985;

• “owner’s interest” has the meaning assigned by section 104(2)above;

• “participating landlord” has the meaning assigned by section105(3) above;

• “preliminary or ancillary services and charges” has themeaning assigned by section 102(3) above;

• “prescribed” means prescribed by regulations made by theSecretary of State;

• “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4)and (5) of that Act);

• “the relevant works” has the meaning assigned by section102(2)(a) above;

• “tenancy” includes a sub-tenancy and an agreement for atenancy or sub-tenancy;

• “tenant” includes a sub-tenant and any person deriving titleunder the original tenant or sub-tenant;

• “tenants’ common parts application” has the meaning assignedby section 105(2)(c) above.

• (2) Section 113 of the Housing Act 1985 (meaning of “members of a person’s family") shall apply in determining whether aperson is a member of another’s family for the purposes of this Part.

Part IX — Miscellaneous and General

Local Government Finance Act 1988, local finance (Scotland) and block grants

Local Government Finance Act 1988: amendments.

139

Schedule 5 to this Act (which amends the Local Government Finance Act 1988) shall have effect.

Scottish non-domestic rates: interim provisions.

140

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

141

Powers to vary incidence of standard community charge: Scotland.

142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduced liability for personal community charges: Scotland.

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Community charge grants: Scotland.

144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Abolition of Domestic Rates Etc. (Scotland) Act 1987 andother enactments: Scotland.

145

Schedule 6 to this Act (which amends the Abolition of Domestic Rates Etc. (Scotland) Act 1987 and other enactments) shall have effect.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

146

Adjustment of block grant.

147

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rate support grant, 1985/86.

148

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory references to rating.

149

• (1) In the case of a provision which is made by or under any enactment and refers to a rate or a rateable value or any other factor connected with rating, the Secretary of State may make regulations—

• (a) providing that the reference shall instead be to some other factor (whether or not connected with rating); or

• (b) providing for the factor to be amended (whether by limiting its operation or in any other way);

and this section shall have effect in place of section 119 of the Local Government Finance Act 1988.

• (2) Regulations under this section—

• (a) may make provision in such manner as the Secretary of State thinks fit (whether by amending provisions or otherwise);

• (b) may provide for a factor expressed by reference to valuation, rent, a premium, the length of a lease, anything connected with rating, or any other matter whatever;

• (c) may provide for a factor expressed by reference to a combination of matters (whether expressed in terms of a formula or otherwise);

• (d) may provide for a factor which includes a method of adjustment (whether by reference to indexation or otherwise);

• (e) may make provision with respect to the resolution of disputes (whether by a court or otherwise); and

• (f) may contain such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

• (3) A factor expressed by reference to rent may be by reference to ground rent, rent of premises at a market rate, rent as limited by law, or otherwise.

• (4) Nothing in this section shall be construed as limiting the power conferred by section 14 of the Interpretation Act 1978 to revoke, amend or vary regulations previously made under this section.

• (5) In this section “enactment” means an enactment contained in Schedule 10 to this Act, or in any other Act whether passed before or in the same Session as this Act; and for this purpose “Act” includes a private or local Act.

• (6) Without prejudice to the generality of the powers conferred by this section, section 37 of the Landlord and Tenant Act 1954 (which provides for compensation by reference to rateable values) shall be amended in accordance with Schedule 7 to this Act.

Charges by certain authorities

Power to allow charges.

150

• (1) The Secretary of State may make regulations providing that a charge may be imposed in respect of anything—

• (a) which is done by any relevant authority or by any relevant authority of a prescribed description,

• (b) which is prescribed or falls within a prescribed description,

• (c) in respect of which there is no power or duty to impose a charge apart from the regulations, and

• (d) which is not done in the course of exercising an excepted function.

• (2) The regulations may include such provision as the Secretary of State sees fit as regards charges for which the regulations provide; and nothing in subsections (3) to (5) below or section 190(1) below is to prejudice this.

• (3) The regulations—

• (a) may be made as regards services rendered, documents issued, or any other thing done by an authority (whether in pursuance of a power or a duty);

• (b) may provide that the amount of a charge (if imposed) is to be at the authority’s discretion or to be at its discretion subject to a maximum.

• (4) Where the regulations provide that a charge may not exceed a maximum amount they may—

• (a) provide for one amount, or a scale of amounts to cover different prescribed cases;

• (b) prescribe, as regards any amount, a sum or a method of calculating the amount.

• (5) The regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

• (6) No regulations may be made under this section unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

Power to amend provisions about charges.

151

• (1) Subject to subsection (4) below, this section applies in the case of an existing provision to the extent that the provision allows (as opposed to requires) a charge to be imposed in respect of anything which is done by relevant authorities (or any of them) and which is not done in the course of exercising an excepted function.

• (2) The Secretary of State may make regulations—

• (a) repealing the provision concerned to the extent that it so provides,

• (b) amending the provision to that extent, or

• (c) repealing the provision to that extent and replacing it with new provisions;

and subsection (6) of section 150 above applies in relation to regulations under this section as it applies in relation to regulations under that section.

• (3) For the purposes of subsection (1) above—

• (a) the charge may be expressed in terms of making a charge, paying a fee, or otherwise;

• (b) the charge may relate to services rendered, documents issued, or any other thing done by a relevant authority (whether in pursuance of a power or a duty).

• (4) A charge does not fall within subsection (1) above if—

• (a) it is one whose proceeds fall (or part of whose proceeds falls) to be paid into the Consolidated Fund; or

• (b) it is a charge amounting to local taxation.

• (5) Regulations under subsection (2) above may not require the imposition of a charge; and subsection (6) below shall have effect subject to this.

• (6) The regulations may include such provision as the Secretary of State sees fit as regards charges; and nothing in subsections (7) to (9) below or section 190(1) below is to prejudice this.

• (7) The regulations may provide that the amount of a charge (if imposed) is to be at the authority’s discretion or to be at its discretion subject to a maximum.

• (8) Where the regulations provide that a charge may not exceed a maximum amount they may—

• (a) provide for one amount, or a scale of amounts to cover different prescribed cases;

• (b) prescribe, as regards any amount, a sum or a method of calculating the amount.

• (9) The regulations—

• (a) may confer discretion as to the amount in a case where an existing provision confers none (or vice versa);

• (b) may, in a case where an existing provision confers a discretion as to the amount, confer a different one; and

• (c) may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

• (10) For the purposes of this section an existing provision is a provision of an Act passed before, or in the same Session as, this Act.

• (11) In this section “Act” includes a private or local Act.

Interpretation, consultation and commencement of ss. 150 and 151.

152

• (1) For the purposes of sections 150 and 151 above the following are excepted functions—

• (a) functions relating to education in schools;

• (b) functions relating to the provision of a public library service;

• (c) functions relating to fire fighting, that is to say, the extinction of fire and the protection of life and property in case of fire;

• (d) functions relating to the registration of electors;

• (e) functions relating to the conduct of elections;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of those sections in their application to England and Wales, each of the following is a relevant authority—

• (a) a county council;

• (aa) a county borough council;

• (b) a district council;

• (c) a London borough council;

• (d) the Common Council of the City of London;

• (e) the Council of the Isles of Scilly;

• (f) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (fa) a fire and rescue authority created by an order under section 4A of that Act;

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

• (i) a joint authority established by Part IV of that Act (fire and rescue services and transport);

• (iza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (izb) a combined authority established under section 103 of that Act;

• (izc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) an authority or board constituted a port health authority at any time by an order under section 2 of the Public Health (Control of Disease) Act 1984;

• (ja) a National Park authority;

• (jb) a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (l) the Broads Authority; ...

• (m) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990;

• (n) the London Fire Commissioner.

• (3) For the purposes of those sections in their application to Scotland, each of the following is a relevant authority—

• (a) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.

• (4) The Secretary of State may by order made by statutory instrument provide for any other body to be, or for a body to cease to be, a relevant authority for the purposes of those sections; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) In those sections “prescribed” means prescribed by the regulations concerned.

• (6) Before exercising any power to make regulations under section 150 or section 151 above, the Secretary of State shall consult—

• (a) as respects England and Wales, such representatives of local government, and

• (b) as respects Scotland, such associations of local authorities,

as appear to him to be appropriate.

• (7) This section and sections 150 and 151 above shall come into force at the expiry of the period of two months beginning on the day this Act is passed.

Charges: temporary traffic signs.

153

• (1) In section 65 of the Road Traffic Regulation Act 1984 (powers and duties of highways authorities and roads authorities as to placing of traffic signs) after subsection (3) there shall be inserted the following subsection—

(3A) No charge may be made— (a) in England and Wales, by a highway authority which is the council of acounty, metropolitan district or London borough or the Common Council of the City of London, or (b) in Scotland, by a local roads authority, with respect to the exercise of their power under subsection (1) above to permit a traffic sign to be placed on or near any road in their area if— (i) the sign conveys information of a temporary nature or is otherwise intended to be placed only temporarily; and (ii) the sign is to be placed by a body which is prescribed for the purposes of this subsection as being a body appearing to the Secretary of State to be representative of the interests of road users or any class of road users.

• (2) Subsection (1) above does not apply in any case where, before this section comes into force, the payment of a charge has been agreed.

Charges: library services.

154

• (1) For subsections (2) to (5) of section 8 of the Public Libraries and Museums Act 1964 (exceptions to restrictions on charging for library facilities) there shall be substituted the following subsections—

(2) Subject to subsections (3) and (4) below, the Minister may by regulations— (a) authorise library authorities to make charges for such library facilities made available by them as may be specified in the regulations; and (b) make such provision as regards charges by library authorities for library facilities, other than provision requiring the making of charges, as he thinks fit. (3) Nothing in any regulations under this section shall authorise any charges to be made by a library authority for lending any written material to any person where— (a) it is the duty of the authority under section 7(1) above to make facilities for borrowing available to that person; (b) the material is lent in the course of providing such facilities to that person on any library premises; (c) the material is lent in a form in which it is readable without the use ofany electronic or other apparatus; and (d) that person is not a person who has required any such apparatus to be used, or made available to him, for putting the material into such a form in order that he may borrow it; but this subsection shall not prevent any regulations under this section from authorising the making of charges in respect of the use of any facility for the reservation of written materials or in respect of borrowed materials which are returned late or in a damaged condition. (4) Nothing in any regulations under this section shall authorise any charges to be made by a library authority for making facilities available for any person to do any of the following on any library premises, that is to say— (a) reading the whole or any part of any of the written materials for the time being held by the authority in a form in which they are readable without the use of any electronic or other apparatus or in microform; (b) consulting (whether or not with the assistance of any such apparatus or of any person) such catalogues, indexes or similar articles as are maintained, in any form whatever, exclusively for the purposes of that authority’s public library service. (5) Without prejudice to the generality of subsection (2) above, the power to make regulations under this section shall include power— (a) to confer a discretion as to the amount of any charge made under theregulations; (b) to provide for such a discretion to be exercisable subject to such maximum amount or scale of maximum amounts as may be specified in or determined under the regulations; (c) to require library authorities to take such steps as may be specified or described in the regulations for making the amounts of their charges for library facilities known to the public; (d) to make such other incidental provision and such supplemental, consequential and transitional provision as the Minister thinks necessary or expedient; and (e) to make different provision for different cases, including different provision in relation to different persons, circumstances or localities. (5A) The power to make regulations under this section shall be exercisable by statutory instrument; and no regulations may be made under this section unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

• (2) After subsection (6) of that section there shall be inserted the following subsection—

(7) In this section— - “library premises” means— 1. any premises which are occupied by a library authority and are premises where library facilities are made available by the authority, in the course of their provision of a public library service, to members of the public; 2. any vehicle which is used by a library authority for the purpose of providing such a service and is a vehicle in which facilities are so made available; - “the Minister” means— 1. in relation to library authorities whose areas are in England, the Lord President of the Council; and 2. in relation to library authorities whose areas are in Wales, the Secretary of State; - “written material” means— 1. any book, journal, pamphlet or other similar article; or 2. any reprographic copy (within the meaning of the Copyright, Designs and Patents Act 1988) of any article falling within paragraph (a) above or any other reproduction of such an article made by any means whatever.

• (3) This section shall come into force on such day as the Lord President of the Council and the Secretary of State, acting jointly, may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.

Miscellaneous local government provisions

Emergency financial assistance to local authorities.

155

• (1) In any case where—

• (a) an emergency or disaster occurs involving destruction of or danger to life or property, and

• (b) as a result, one or more local authorities incur expenditure on, or in connection with, the taking of immediate action (whether by the carrying out of works or otherwise) to safeguard life or property, or to prevent suffering or severe inconvenience, in their area or among its inhabitants,

the Secretary of State may establish a scheme under this section for the giving of financial assistance to those authorities in respect of that expenditure.

• (1A) Expenditure incurred as mentioned in subsection (1) above by—

• (a) the London Fire Commissioner,

• (b) the Mayor's Office for Policing and Crime, or

• (c) Transport for London, in respect of places or areas within Greater London,

shall be treated for the purposes of this section as expenditure so incurred by the Greater London Authority (and, accordingly, as so incurred by a local authority).

• (1B) To the extent that any financial assistance given to the Greater London Authority under this section is referable to expenditure incurred by a body mentioned in paragraph (a), (b) or (c) of subsection (1A) above, the financial assistance shall be treated for the purposes of section 103 of the Greater London Authority Act 1999 as a payment made to the Greater London Authority for the purposes of that body.

• (2) Financial assistance given pursuant to a scheme under this section shall take the form of grants paid by the Secretary of State with the consent of theTreasury and, subject to that, the terms and conditions of a scheme shall be such as the Secretary of State considers appropriate to the circumstances of the particular emergency or disaster concerned.

• (3) Without prejudice to the generality of subsection (2) above, a scheme under this section may—

• (a) make the payment of grants conditional upon the making of claims of a description specified in the scheme;

• (b) make provision with respect to the expenditure qualifying for grant and the rates and amounts of grants;

• (c) make provision in certain specified circumstances for the repayment of any grant, in whole or in part; and

• (d) make different provision for different local authorities or descriptions of authority and for different areas.

• (4) In the application of this section to England and Wales, any reference to a local authority is a reference to—

• (a) a county council;

• (aa) a county borough council;

• (b) a district council;

• (bb) the Greater London Authority;

• (c) a London borough council;

• (d) the Common Council of the City of London;

• (e) the Council of the Isles of Scilly;

• (ea) a police and crime commissioner;

• (eb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) the Receiver for the Metropolitan Police District; or

• (g) a joint authority established by Part IV of the Local Government Act 1985, other than an Integrated Transport Authority; ...

• (h) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (ha) a fire and rescue authority created by an order under section 4A of that Act;

• (i) a National Park authority; or

• (j) the Broads Authority.

• (5) In the application of this section to Scotland, any reference to a local authority is a reference to

• a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994

• ... a joint board or joint committee within the meaning of the Local Government (Scotland) Act 1973.

• (6) The reference in subsection (1)(b) above to expenditure incurred by a local authority includes, in the case of an authority in England and Wales, expenditure incurred in defraying, or contributing towards defraying, expenditure incurred by a parish or community council.

• (7) This section shall come into force on 1st April 1990.

Contingency planning and co-ordination in respect of emergencies ordisasters.

156

• (1) In section 138 of the Local Government Act 1972 (powers of principal councils with respect to emergencies or disasters) after subsection (1) there shall be inserted the following subsection—

(1A) If a principal council are of the opinion that it is appropriate to undertake contingency planning to deal with a possible emergency or disaster which, if it occurred,— (a) would involve destruction of or danger to life or property, and (b) would be likely to affect the whole or part of their area, they may incur such expenditure as they consider necessary on that planning (whether relating to a specific kind of such possible emergency or disaster or generally in relation to possible emergencies or disasters falling within paragraphs (a) and (b) above).

• (2) In subsection (3) of that section—

• (a) for the words from the beginning to “authorise” there shall be substituted “ Nothing in this section authorises ”; and

• (b) for the words “the power conferred by that subsection is” there shall be substituted “ the powers conferred by subsections (1) and (1A) above are ”.

• (3) At the end of the section there shall be added the following subsections—

(5) With the consent of the Secretary of State, a metropolitan county fire and civil defence authority and the London Fire and Civil Defence Authority may incur expenditure in co-ordinating planning by principal councils in connection with their functions under subsection (1) above. (6) In this section “contingency planning” means the making, keeping under review and revising of plans and the carrying out of training associated with the plans.

Commutation of, and interest on, periodic payments of grants etc.

157

• (1) In any case where, by virtue of any enactment, the Secretary of State has a power or duty to make to a local authority any annual or other periodic payments by way of contribution, grant or subsidy towards expenditure incurred or to be incurred by the local authority, the Secretary of State—

• (a) may determine to commute any such payments which would otherwise fall due on or after 1st April 1990 either into a single payment or into such number of payments (being less than would otherwise be payable) as he considers appropriate; and

• (b) may, if he thinks it appropriate, pay to the Treasury, in respect of local loans made under section 3 of the National Loans Act 1968 the whole or any part of any single or other payment determined under paragraph (a) above so as to reduce or extinguish such debt (whether then due or not) of the local authority to the Treasury as the Secretary of State thinks fit.

• (2) The amount required to reduce or extinguish a debt as mentioned in paragraph (b) of subsection (1) above shall be such as may be determined by the Treasury and where, by virtue of that paragraph, only part of a commuted payment is paid to the Treasury, the balance shall be paid to the local authority concerned.

• (3) Subsection (1) above applies whether the annual or other periodic payments began, or would otherwise begin, before, on or after the passing of this Act and applies notwithstanding anything in any enactment requiring the paymentsto be made over a period of twenty years or any other specified period.

• (4) A single or other payment falling to be made by virtue of subsection (1) above is in this section referred to as a “commuted payment” and the calculation of the amount of any commuted payment shall be such as appears to the Secretary of State to be appropriate.

• (5) In any case where the amount of any annual or other periodic payment such as is mentioned in subsection (1) above is, at the passing of this Act, calculated by reference to a rate of interest which varies from time to time, the Secretary of State may substitute a fixed rate of interest.

• (6) In this section “local authority”, as respects England and Wales, means any of the following—

• (a) a county council;

• (aa) a county borough council;

• (b) a district council;

• (c) a London borough council;

• (d) the Common Council of the City of London;

• (e) the Council of the Isles of Scilly;

• (f) the Metropolitan Police Athority;

• (g) a police authority established under section 3 of the Police Act 1996;

• (ga) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) a joint authority established by Part IV of the Local Government Act 1985; and

• (i) a residuary body established under Part VII of that Act;

• (j) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009; ...

• (k) a combined authority established under section 103 of that Act;

• (l) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

and, as respects Scotland, means a a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994or a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.

• (7) If, after a commuted payment has been made to a local authority or to the Treasury, it appears to the Secretary of State that the payment was smaller or greater than it should have been (whether by virtue of a miscalculation, the occurrence of any event, the failure to comply with any condition or otherwise) the Secretary of State may, as the case may require,—

• (a) make a further payment to the authority concerned or to the Treasury; or

• (b) require the repayment or payment to him by that authority of such sum as he may direct.

• (8) Without prejudice to the operation of the preceding provisions of this section, with respect to—

• (a) any contribution in respect of an expense incurred on or after 1st April 1990; and

• (b) so much of any contributions in respect of an expense incurred on or after 1st April 1989 and before 1st April 1990 as have not been made before 1st April 1990

section 569 of the Housing Act 1985 (contribution by Secretary of State to certain expenses incurred by local housing authorities) shall be amended as follows -

• (i) in subsection (2) (which relates to contributions as annual payments) for the words following “shall be” there shall be substituted the words “ equal to the relevant percentage of the amount of the expense incurred ”;and

• (ii) subsection (5) (which relates to annual loan charges) shall cease to have effect.

• (9) Without prejudice to the generality of section 230 of the Local Government Act 1972 or section 235(1) of the Local Government (Scotland) Act 1973 (local authorities’ duty to make reports and returns to the Secretary of State), every local authority and the Inner London Education Authority shall furnish to the Secretary of State such information as he may by notice in writing reasonably require for the purposes of this section and, if the notice so specifies, any such information shall be certified and audited in such manner and supplied not later than such dateand in such form as may be so specified.

• (10) Nothing in this section applies in relation to any payments to which, under Part IV of Schedule 15 to the Housing Act 1985 (superseded contributions etc.: town development subsidy), provision already exists for the commutation of payments.

Electronic transfer of documents.

158

• (1) In subsection (2) of section 9 of the Local Land Charges Act 1975, the words “A requisition under this section must be in writing, and” shall be omitted.

• (2) In subsection (2) of section 14 of that Act after the word “include” there shall be inserted “ (a) ”, and at the end of that subsection there shall be inserted the following paragraphs—

(b) power to make rules providing for the use of electronic means in the making of requisitions for, and in the issue of, official search certificates, notwithstanding subsection (3) of section 231 of the Local Government Act 1972 (service of documents on local authorities) provided that— (i) such rules shall not provide that a requisition is duly made by electronic means, except where the local authority to whom it is made consents to the useof those means, or that an official search certificate is duly issued by electronic means, except where the person requiring the search consents to the use of those means; and (ii) such consent may be given either generally or in relation to a specified document or description of documents, and either before or after the making of the requisition or the issue of the certificate; and (c) power to make rules modifying the application of sections 10 and 11 abovein cases where— (i) the rules provide for the making of a requisition for, or the issuing of,an official search certificate by electronic means, and (ii) there has been any error or failure in those means.

Prevention of continuance or recurrence of default of local authority: Scotland.

159

• (1) Section 211 of the Local Government (Scotland) Act1973 (provision for default of local authority) shall be amended in accordance with this section.

• (2) After subsection (2) there shall be inserted the following subsections—

(2A) If the Secretary of State or appropriate Minister— (a) is about to make an order under subsection (2) above; and (b) is satisfied that the failure to which the order relates has continued or recurred, he may, in that order and without any local inquiry, declare theauthority to be in default in respect of the continuance or recurrence of the failure and direct them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order. (2B) The Secretary of State or appropriate Minister may, in an order undersubsection (2) above, notify the local authority that any continuance or recurrence of the failure in respect of which the authority have been declared to be in default happening after the date of the order may be made the subject of an application to the Court of Session under subsection (3A) below.

• (3) After subsection (3) there shall be inserted the following subsection—

(3A) If— (a) a local authority have been notified under subsection (2B) above; and (b) there has been any such continuance or recurrence as is mentioned in that subsection of the failure to which the notification relates, the Court of Session may, on the application of the Lord Advocate onbehalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been such continuance or recurrence of the failure and do otherwise as to the court appears to be just.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

160

Miscellaneous housing provisions

Housing authorities not required to keep a housing stock.

161

• (1) At the end of section 9 of the Housing Act 1985 (provision of housing accommodation) there shall be added the following subsection—

(5) Nothing in this Act shall be taken to require (or to have at any time required) a local housing authority itself to acquire or hold any houses or other land for the purposes of this Part.

• (2) At the end of section 2 of the Housing (Scotland) Act 1987 (powers of local authorities to provide housing accommodation) there shall be added the following subsection—

(6) Nothing in this Act shall be taken to require (or to have at any time required) a local authority itself to acquire or hold any houses or other land for the purposes of this Part.

Determination of rents.

162

In section 24 of the Housing Act 1985 (rents), there shall be added at the end the following subsections—

(3) In exercising their functions under this section, a local housing authority shall have regard in particular to the principle that the rents of houses of any class or description should bear broadly the same proportion to private sector rents as the rents of houses of any other class or description. (4) In subsection (3) “private sector rents”, in relation to houses of any classor description, means the rents which would be recoverable if they were let on assured tenancies within the meaning of the Housing Act 1988 by a person other than the authority.

Exchanges between secure and assured tenants.

163

• (1) Section 92 of the Housing Act 1985 (assignment of secure tenancies by way of exchange) shall be amended in accordance with subsections (2) and (3) below.

• (2) At the end of subsection (1) there shall be added the words “ or to anassured tenant who satisfies the conditions in subsection (2A) ”.

• (3) After subsection (2) there shall be inserted the followingsubsection—

(2A) The conditions to be satisfied with respect to an assured tenant are— (a) that the landlord under his assured tenancy is either the Housing Corporation, Housing for Wales, a registered housing association or a housing trust which is a charity; and (b) that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2).

• (4) In section 117 of the Housing Act 1985 (index of defined expressions for Part IV) before the entry relating to “cemetery” there shall be inserted—

Exception to the right to buy in case of certain dwelling-houses forpersons of pensionable age.

164

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unfit housing etc.

165

• (1) In the Housing Act 1985,—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Part IX (slum clearance) shall be amended in accordance with Part II of that Schedule;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) Part XVII (compulsory purchase and land compensation) shall be amended in accordance with Part IV of that Schedule; and

• (e) Part XVIII (miscellaneous and general) shall be amended in accordance with Part V of that Schedule.

• (2) Part VII of the Housing Act 1985 (improvement notices) shall cease to have effect.

• (3) For any financial year beginning after the day appointed for the coming into force of this subsection the following provisions of this section shall have effect in place of sections 312 to 314 of the Housing Act 1985 (slum clearance subsidy); and in those provisions “slum clearance functions” means any of the functions under the provisions of Part IX of that Act relating to—

• (a) the demolition, closing or purchase of unfit premises,

• (b) the demolition of obstructive buildings, and

• (c) clearance areas,

but does not include functions under sections 308 to 311 of that Act (owner’s redevelopment or improvement).

• (4) On such conditions as he may determine the Secretary of State may pay slum clearance subsidy to a local housing authority in respect of any financial year for which, applying such method of calculation as may be determined by the Secretary of State, the authority have incurred a loss in connection with the exercise of their slum clearance functions; and the rate or rates of the subsidy and the manner in which it is paid shall be such as may be determined by him.

• (5) If for any financial year, applying such method of calculation as is referred to in subsection (4) above, a local housing authority have incurred a surplus in connection with the exercise of their slum clearance functions, the Secretary of State may require the authority to pay to him such sum as he may determine in respect of that surplus, together with interest thereon from such time and at such rate or rates as he may determine.

• (6) Any determination of the Secretary of State under subsection (4) or subsection (5) above—

• (a) shall be made with the consent of the Treasury;

• (b) may be made generally or with respect to a particular local housing authority or description of authority, including a description framed by reference to authorities in a particular area; and

• (c) may make different provision for different cases or descriptions of case.

• (7) If, before the declaration of a renewal area under Part VII of this Act,a local housing authority are satisfied that the rate of slum clearance subsidy which, in accordance with a determination under subsection (4) above, would otherwise be applicable to the authority will not be adequate, bearing in mind the action they propose to take with regard to the area, they may, before making the declaration, apply to the Secretary of State for a subsidy at a higher rate in respect of that area.

• (8) An application under subsection (7) above shall be made in such form and contain such particulars as the Secretary of State may determine; and, if such an application is made, the authority shall not declare the area concerned to be a renewal area until the application is approved, refused or withdrawn.

• (9) If an application under subsection (7) above is approved, the Secretary of State may pay slum clearance subsidy in respect of the area concerned at such higher rate as he may determine under subsection (4) above.

Amendments relating to defective housing.

166

• (1) Part XVI of the Housing Act 1985 (in this section referred to as “the 1985 Act”) and Part XIV of the Housing (Scotland) Act 1987 (in this section referred to as “the 1987 Act”) (assistance for owners of defective housing)shall each be amended in accordance with this section.

• (2) In section 537 of the 1985 Act and section 265 of the 1987 Act (determination of form of assistance to which applicant is entitled) insubsection (1) after the word “determine” there shall be inserted “ assoon as reasonably practicable ”.

• (3) In section 539 of the 1985 Act and section 267 of the 1987 Act (meaning of “work required for reinstatement” etc.) after subsection (1) there shall be inserted the following subsection—

(1A) In any case where— (a) the most satisfactory way of dealing with the qualifying defect issubstantially to demolish the building that consists of or includes the defective dwelling or a part of that building, and (b) it is practicable to rebuild the building or part concerned on, or substantially on, its existing foundations and reconstruct the dwelling to the same, or substantially the same, plan, the work required to carry out those operations shall be regarded for the purposes of this Part as work required to reinstate the defective dwelling.

• (4) In section 561 of the 1985 Act and section 289 of the 1987 Act (Secretary of State’s control over designation, variation or revocation)—

• (a) in subsection (2) after the word “before” there shall be inserted “ the cut-off date or if it is later ” and after the words “twomonths” there shall be inserted “ or such longer period as the Secretary of State may direct for the purposes of this subsection under subsection (2A)below ”;

• (b) after that subsection there shall be inserted the subsection specified insubsection (5) below; and

• (c) in subsection (3) for the words “within that period” there shall be substituted “ before the cut-off date or, if it is later, the expiry of the period for the time being specified in or for the purposes of subsection (2) above ”.

• (5) The subsection referred to in subsection (4)(b) above is as follows—

(2A) If, within the period for the time being specified in or (by virtue of the previous operation of this subsection) for the purposes of subsection (2)above, the Secretary of State is satisfied that he does not have reasonably sufficient information to enable him to come to a decision with respect to there solution concerned, he may direct for the purposes of that subsection that it shall have effect as if for the period so specified there were substituted such longer period as is specified in the direction.

• (6) In section 567 of the 1985 Act (modifications of Part XVI in relation to shared ownership leases) for subsections (1) to (3) there shall be substituted the following subsections—

(1) If it appears to a local housing authority that the interest of a person eligible for assistance in respect of a defective dwelling in their area is— (a) a shared ownership lease, or (b) the freehold acquired under the terms of a shared ownership lease, the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme. (2) A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State; and any such approval may be made conditional upon compliance with requirements specified by him.

• (7) Any power of the Secretary of State to make regulations under subsection (4) of section 567 of the 1985 Act shall cease to have effect; and in paragraph (d) of that subsection after the word “class” there shall be inserted “ or description ”.

Reports to tenants etc. on local housing authority functions.

167

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contributions towards costs of housing mobility arrangements.

168

• (1) The Secretary of State may with the consent of the Treasury make grants or loans towards the cost of arrangements for enabling or assisting persons to move and become,—

• (a) in England and Wales, tenants or licensees of dwellings; and

• (b) in Scotland, tenants of houses.

• (2) The grants or loans may be made subject to such conditions as the Secretary of State may determine and may be made so as to be repayable or, as the case may be, repayable earlier if there is a breach of such a condition.

• (3) In this section—

• “dwelling” means a building or a part of a building occupied or intended to be occupied as a separate dwelling;

• “house” has the same meaning as in the Housing (Scotland) Act 1987; and

• “tenant” does not include a tenant under a long lease within the meaning of the Landlord and Tenant Act 1987 or, as respects Scotland, under a lease for a period exceeding 20 years.

• (4) Section 107 of the Housing Act 1985 and section 80 ofthe Housing (Scotland) Act 1987 (which make provision similar to that made by the preceding provisions of this section, but limited to secure tenants) shall cease to have effect.

Powers of local authorities and Secretary of State as respects services etc. for owners and occupiers of houses for work on them.

169

• (1) A relevant authority shall have power to provide professional, technical and administrative services for owners or occupiers of dwellings in connection with their arranging or carrying out relevant works or to encourage or facilitate the carrying out of such works, whether or not on payment of such charges as the authority may determine.

• (2) Works are relevant works in relation to a dwelling or, as the case may be, a dwelling in any area, if they are works of any of the following descriptions, that is to say—

• (a) works to cause the dwelling to be fit for human habitation,

• (b) where the occupant is disabled, works for any of the purposes specified in section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes),

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) It shall be the duty of a relevant authority exercising any power conferred by subsection (1) above—

• (a) to consider whether or not to make a charge for exercising it; and

• (b) to take such measures as are reasonably available to them to secure contributions from other persons towards the cost of exercising it.

• (4) A relevant authority shall have power to give financial assistance in any form to—

• (a) any housing association,

• (b) any charity, or

• (c) any body, or body of any description, approved by the Secretary of State,

towards the cost of the provision by that association, charity or body of services of any description for owners or occupiers of dwellings in arranging works of maintenance, repair or improvement or the encouraging or facilitating the carrying out of such works.

• (5) It shall be the duty of a relevant authority—

• (a) in deciding whether to exercise any power conferred by subsection (4)above in relation to any association, charity or body, to have regard to the existence and extent of any financial assistance available from other persons to that association, charity or body; and

• (b) in exercising any power conferred by subsection (4) above in relation to any association, charity or body—

• (i) to have regard to whether that association, charity or body has made or will make charges and their amount; and

• (ii) to encourage the association, charity or body to take such measures as are reasonably available to them to secure contributions from other persons.

• (6) The Secretary of State may, with the consent of the Treasury, give financial assistance in any form to any person in respect of expenditure incurred or to be incurred by that person in connection with the provision, whether or not by that person, of services of any description for owners or occupiers of dwellings in arranging or carrying out works of maintenance, repair or improvement, or in connection with the encouraging or facilitating, whether or not by that person, the carrying out of such works.

• (7) The giving of financial assistance under subsection (6) above shall be on such terms (which may include terms as to repayment) as the Secretary of State, with the consent of the Treasury, considers appropriate.

• (8) The person receiving assistance shall comply with the terms on which itis given and compliance may be enforced by the Secretary of State.

• (9) In this section—

• ...

• “housing association” means a housing association within the meaning of section 1(1) of the Housing Associations Act 1985, or a body established by such a housing association for the purpose of, or having among its purposes or objects, those mentioned in section 4(3)(e) of that Act (providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works;

• “local housing authority” shall be construed in accordance with section 1 of the Housing Act 1985; and

• “relevant authority” means a local housing authority or county council.

Powers of local authorities and Secretary of State as respects services,etc., for owners and occupiers of houses for work on them: Scotland.

170

• (1) A relevant authority shall have power to provide professional, technical and administrative services for owners or occupiers of houses in connection with their arranging or carrying out relevant works or to encourage or facilitate the carrying out of such works, whether or not on payment of such charges as the authority may determine.

• (2) Relevant works are such works as may be specified in regulations made by the Secretary of State and such works may be so specified by reference to such factors (including factors relating to persons of such descriptions as may be so specified) as the Secretary of State thinks fit.

• (3) It shall be the duty of a relevant authority exercising any power conferred by subsection (1) above—

• (a) to consider whether or not to make a charge for exercising it; and

• (b) to take such measures as are reasonably available to them to secure contributions from other persons towards the cost of exercising it.

• (4) A relevant authority shall have power to give financial assistance in any form to—

• (a) any housing association,

• (b) any charity, or

• (c) any body, or body of any description, approved by the Secretary of State,

towards the cost of the provision by that association, charity or body of services of any description for owners or occupiers of houses in arranging works of maintenance, repair or improvement or the encouraging or facilitating the carrying out of such works.

• (5) It shall be the duty of a relevant authority—

• (a) in deciding whether to exercise any power conferred by subsection (4) above in relation to any association, charity or body, to have regard to the existence and extent of any financial assistance available from other persons to that association, charity or body; and

• (b) in exercising any power conferred by subsection (4) above in relation toany association, charity or body—

• (i) to have regard to whether that association, charity or body has made or will make charges and their amount; and

• (ii) to encourage the association, charity or body to take such measures as are reasonably available to them to secure contributions from other persons.

• (6) The Secretary of State may, with the consent of the Treasury, give financial assistance in any form to any person in respect of expenditure incurred or to be incurred by that person in connection with the provision, whether or not by that person, of services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement or in connection with the encouraging or facilitating, whether or not by that person, the carrying out of such works.

• (7) The giving of financial assistance under subsection (6) above shall be on such terms (which may include terms as to repayment) as the Secretary of State, with the consent of the Treasury, considers appropriate.

• (8) The person receiving assistance shall comply with the terms on which itis given and compliance may be enforced by the Secretary of State.

• (9) In this section—

• “charity” means any body, corporate or not, established for charitable purposes;

• “charitable purposes” shall be construed in the same way as if it were contained in the Income Tax Acts;

• “house” has the meaning given by section 338 of the Housing (Scotland) Act 1987;

• “housing association” means a housing association within the meaning of section 1(1) of the Housing Associations Act 1985, or a body established by such a housing association for the purpose of, or having among its purposes or objects, those mentioned in section 4(3)(e) of that Act (providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works);

• “relevant authority” means a council constituted under section 2 of the Local Government .etc. (Scotland) Act 1994

Winding up of home purchase assistance scheme.

171

• (1) The Secretary of State may by order make provision for the purpose of bringing to an end the scheme for assistance for first-time buyers which—

• (a) as respects England and Wales, is contained in sections 445 to 450 of the Housing Act 1985, and

• (b) as respects Scotland, is contained in sections 222 to 227 of the Housing (Scotland) Act 1987,

and in the following provisions of this section, the enactments specified in paragraphs (a) and (b) above together with any orders and directions made under those enactments are referred to as “the assistance legislation”.

• (2) Without prejudice to the generality of the power conferred by subsection (1) above, an order under that subsection—

• (a) may specify a date or dates with effect from which account will no longer be taken under the assistance legislation of matters specified in the order;

• (b) may vary the terms of advances to lending institutions so as to commute what would otherwise be a number of payments or repayments to or by such an institution into a single payment or a smaller number of payments of such amount and payable at such time or times as may be determined in accordance with the order; and

• (c) may provide for the amendment or repeal, in whole or in part, of theassistance legislation with effect from such date or dates and subject to such transitional provisions as may be specified in the order.

• (3) The following powers, namely,—

• (a) the powers conferred on the Secretary of State by subsection (3) ofsection 446 of the Housing Act 1985 and subsection (3) of section 223 of the Housing (Scotland) Act 1987 to relax or modify the conditions in subsection (2) of each of those sections respectively (conditions qualifying a purchaser for assistance), and

• (b) any power to make an order under any provision of the assistance legislation,

may be so exercised as to make provision for the purpose referred to in subsection (1) above.

• (4) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Transfer of new town housing stock.

172

• (1) Subject to the following provisions of this section, the Secretary of State may by regulations make provision for requiring and authorising each new town corporation to take such steps as may be prescribed for making and giving effect to proposals for disposing of their housing stock, either by transferring it as a whole to a prescribed person or by transferring different parts of it to different prescribed persons.

• (2) Regulations under subsection (1) above shall not require a new town corporation to transfer any dwelling or associated property, rights, liabilities or obligations to any person other than—

• (a) the district council or Welsh county council or county borough councilwithin whose area the dwelling is situated; or

• (b) a person approved for the purposes of, and in accordance with, the regulations by the Regulator of Social Housing . . ..

• (3) Regulations under subsection (1) above shall not require a new town corporation to give effect to a proposal for the transfer of any dwelling if the dwelling is one in respect of which a notice has been served under section 122 of the Housing Act 1985 (notice of a claim to exercise the right to buy) before the prescribed time and such other conditions as maybe prescribed are satisfied.

• (4) A new town corporation shall not, in pursuance of any regulations under subsection (1) above, transfer any dwellings, or any associated property, rights, liabilities or obligations, to any person except with the consent of the Secretary of State; and the Secretary of State shall not give his consent to a proposed transfer unless he is satisfied—

• (a) that there has been compliance with all such requirements with respect to the publication of information about the proposal and matters connected with its implementation, and with respect to consultation about the proposal, as are prescribed;