Local Government and Housing Act 1989

• (b) that all such steps have been taken as are prescribed for the purpose of protecting the interests of the occupiers of the dwellings or the interests of the occupiers of any dwellings excluded from the proposal by virtue of subsection (3) above or any such consultation; and

• (c) that the terms on which the transfer is made—

• (i) require such price to be paid for the property transferred as appears to him to be the price which, on the prescribed assumptions, it would realise if sold on the open market by a willing vendor; and

• (ii) include all such other terms as are prescribed.

• (5) Regulations under subsection (1) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate, including, without prejudice to the generality of the foregoing, provision corresponding to sub-paragraphs (2) and (3) of paragraph 2 of Schedule 12 to the Housing Act 1988 (matters relating to registration of title).

• (6) Subject to subsection (7) below, Part III of the New Towns Act 1981 (transfer of dwellings and associated property to district councils) shall cease to have effect.

• (7) Nothing in subsection (6) above shall—

• (a) affect the operation after the time when that subsection comes into force of so much of any transfer scheme made under Part III of the said Act of 1981before that time as contains management arrangements with respect to land in which a new town corporation have an interest;

• (b) affect the application after that time of section 50 of that Act (financial arrangements) in relation to any transfer scheme made under that Part before that time; or

• (c) prevent the Secretary of State from exercising his power to make grants to a district council or Welsh county council or county borough council under section 51A of that Act (grants in respect of defects in transferred dwellings) where the grants are paid before the 1st April 1990 or such later date as the Secretary of State may by order made by statutory instrument appoint in relation to that council;

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.

• (8) In this section—

• “dwelling” means any building or part of a building occupied, or erected or adapted for occupation, as a dwelling or as a hostel (including any land belonging to it or usually enjoyed with it);

• “housing stock”, in relation to a new town corporation, means—

• (a) the dwellings (whether or not in the area of a particular new town) which are vested in that corporation and were erected, adapted or acquired for occupation as dwellings; and

• (b) except so far as may be prescribed, any associated property, rights, liabilities and obligations of that corporation;

• “liabilities and obligations”, in relation to a new town corporation, includes liabilities and obligations which, apart from the regulations, would not be capable of being assigned or transferred by the corporation, including liabilities and obligations under Part V of the Housing Act 1985 (the right to buy);

• “new town corporation” means ... a development corporation,within the meaning of the New Towns Act 1981; and

• “prescribed” means prescribed by or determined under regulations under subsection (1) above.

• (9) For the purposes of this section the following property, rights, liabilities and obligations of a new town corporation shall be treated as associated with any dwellings comprised in their housing stock, that is to say—

• (a) any interest of the corporation in any land occupied or set aside for occupation or use with the dwellings;

• (b) any interest of the corporation in land in the vicinity of the dwellings which is held by them for the benefit or use of the persons living in those dwellings (rather than the inhabitants of a new town as a whole) or for providing facilities for the persons living in those dwellings, and any other property and any rights of the corporation so held;

• (c) any property and rights held by the corporation—

• (i) for the administration of an estate comprising the dwellings or any associated property;

• (ii) for the maintenance or service of the dwellings or any associated property; or

• (iii) otherwise in connection with any such property;

• (d) any rights, liabilities and obligations which the corporation have in connection with any of the dwellings or any associated property or in connection with any dwellings which were previously part of their housing stock;

• (e) any interest of the corporation in land set aside by them as an open space for the use or enjoyment of persons living in the dwellings (rather than for the use of the inhabitants of a new town as a whole).

Consent required for subsequent disposals.

173

• (1) Where a dwelling which is for the time being subject to a secure tenancy or, in Wales, a secure contract is transferred under section 172 above to a person approved as mentioned in subsection (2)(b) of that section (in this section referred to as an “approved person”), that person shall not dispose of it except—

• (a) with the consent of the appropriate authority, which may be given either unconditionally or subject to conditions; or

• (b) by an exempt disposal, as defined in section 133(11) of the Housing Act 1988;

and any reference in the following provisions of this section to an initial transfer is a reference to the transfer of a dwelling to an approved person under section 172 above.

• (1ZA) Subsection (1) does not apply to a disposal of land by a private registered provider of social housing.

• (1A) In this section “the appropriate authority” means—

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

• (b) in relation to a disposal of land in England, the Secretary of State, and

• (c) in relation to a disposal of land in Wales, the Welsh Ministers.

• (2) Where an estate or interest in a dwelling of the approved person who acquired it on the initial transfer has been mortgaged or charged, the prohibition in subsection (1) above applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the approved person; and in any case where—

• (a) by operation of law or by virtue of an order of a court, the dwelling which has been acquired on the initial transfer passes or is transferred from the approved person to another person, and

• (b) that passing or transfer does not constitute a disposal for which consent is required under this section,

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the dwelling passes or is transferred were the approved person.

• (3) Where subsection (1) above applies—

• (a) the new town corporation by whom the initial transfer is made shall furnish to the approved person a copy of the consent of the Secretary of State under section 172(4) above; and

• (b) the instrument by which the initial transfer is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the dwelling by the approved person.

• (4) For the purposes of this section the grant of an option to purchase the fee simple or any other interest in a dwelling is a disposal and a consent given to such a disposal extends to a disposal made in pursuance of the option.

• (5) Before giving any consent required by virtue of this section, the appropriate authority—

• (a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any dwelling proposed to be disposed of; and

• (b) shall have regard to the responses of any such tenants to that consultation.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) No consent shall be required under ... section ... 42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985 for any disposal in respect of which consent is given under this section.

• (8) Where the title of the new town corporation to the dwelling which is transferred by the initial transfer is not registered, and the initial transfer is a transfer or grant of a description mentioned in section 4 of the Land Registration Act 2002 (compulsory registration of title)—

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

• (b) the corporation shall give the approved person a certificate in a form approved by the Chief Land Registrar stating that the corporation is entitled to make the transfer subject only to such encumbrances, rights and interests as are stated in the instrument by which the initial transfer is effected or summarised in the certificate; and

• (c) for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the Land Registration Act 2002 the corporation by whom the initial transfer was made is liable to indemnify him.

• (9) Where the Chief Land Registrar approves an application for registration of—

• (a) a disposition of registered land, or

• (b) a person’s title under a disposition of unregistered land,

and the instrument effecting the initial transfer contains the statement required by subsection (3) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.

• (10) In this section—

• (a) “dwelling” and “new town corporation” have the same meaning as in section 172 above;...

• (b) “secure tenancy” has the meaning assigned by section 79 of the Housing Act 1985 ; and

• (c) “secure contract” has the same meaning as in section 8 of the Renting Homes Wales Act 2016 (anaw 1).

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

174

Repeal of the Town Development Act 1952.

175

No undertaking shall be given under section 2 or 4 of the Town Development Act 1952 (Government and local authority contributions for the purposes of town development), and no payment shall be made in pursuance of any such undertaking, at any time after 31st March 1990; and that Act shall cease to have effect except for the purposes of any town development (within the meaning of that Act) in relation to which any undertaking has been given before that date under section 2 of that Act.

Amendment of definition of occupation for purposes of purchase of house by secure tenant: Scotland.

176

• (1) In section 61(10) of the Housing (Scotland) Act 1987 (definition of occupation of house for purposes of purchase by secure tenant)—

• (a) in paragraph (a)(v) (occupation by member of tenant’s family succeeding to tenancy may be treated, at discretion of landlord, as occupation for purposes of right to buy) the words “in the discretion of the landlord” shall be omitted; and

• (b) in paragraph (b) (rules for determining period of occupation) there shall be added at the end—

and (iii) there shall be added to the period of occupation of a house by a joint tenant any earlier period during which he was at least 16 years of age and occupied the house as a member of the family of the tenant or of one or more of the joint tenants of the house.

.

• (2) This section does not apply in any case where the application to purchase the house under section 63(2) of that Act has been served before the coming into force of this section.

Sale to secure tenants of houses provided for persons of pensionable age: Scotland.

177

In section 69 of the Housing (Scotland) Act 1987 (Secretary of State’s power to authorise refusal to sell certain houses provided for persons of pensionable age) after subsection (1) there shall be inserted the following subsection—

(1A) This section applies only to houses first let on a secure tenancy before 1st January 1990.

Application of secure tenant’s right to buy to cases where landlord is lessee: Scotland.

178

• (1) In section 76 of the Housing (Scotland) Act 1987 (duty of landlords toprovide information to secure tenants)—

• (a) in subsection (1)(a)—

• (i) for the word “not” there shall be substituted the word “ neither ”; and

• (ii) after the word “house” there shall be inserted the words “ nor holds the interest of the landlord under a registered lease of the house or of land which includes it" ”;

• (b) in subsection (2) for the words “heritable proprietor of the house” there shall be substituted the words “ either the heritable proprietor of the house or the holder of the interest of the landlord under a registered lease of the house or of land which includes it ”; and

• (c) in subsection (3)(b) at the end there shall be inserted the words “ or a local authority is the holder of the interest of the landlord under a registered lease of the house or of land which includes it. ”

• (2) After section 84 of that Act there shall be inserted the following section—

(84A) (1) Sections 61 to 84 (but not 76 or 77) and 216 (the “right to buy” provisions) shall, with the modifications set out in this section, apply so as to provide for— (a) the acquisition by the tenant of a house let on a secure tenancy of the landlord’s interest in the house as lessee under a registered lease of the house or of land which includes it or as assignee of that interest; and (b) the obtaining of a loan by the tenant in that connection, as these sections apply for the purposes of the purchase of a house by the tenant from the landlord as heritable proprietor of it and the obtaining by the tenant of a loan in that connection. (2) References in the right to buy provisions to the purchase or sale of a house shall be construed respectively as references to the acquisition or disposal of the landlord’s interest in the house by way of a registered assignation of that interest and cognate expressions shall be construed accordingly. (3) The reference in section 61(2)(b) to the landlord’s being the heritable proprietor of the house shall be construed as a reference to the landlord’s being the holder of the interest of the lessee under a registered lease of the house or of land which includes it. (4) References in the right to buy provisions to the market value of or price to be paid for a house shall be construed respectively as references to the market value of the landlord’s interest in the house and to the price to be paid for acquiring that interest. (5) References in section 64(1) to the tenant’s enjoyment and use of a house as owner shall be construed as references to his enjoyment and use of it as assignee of the landlord’s interest in the house. (6) The reference in subsection (4) of section 64 to an option being offered to the landlord or to any other person to purchase the house in advance of its sale to a third party shall be construed as a reference to an option being offered to have the interest acquired by the tenant re-assigned to the landlord or assigned to the other person in advance of its being disposed of to a third party; and the references in subsection (5) and (9) of that section to an option to purchase shall be construed accordingly. (7) In this section and section 76— - “registered lease” means a lease— 1. which is recorded in the general register of sasines; or 2. in respect of which the interest of the lessee is registered in the Land Register of Scotland - “registered assignation” means, in relation to such a lease,an assignation thereof which is so recorded or in respect of which the interest of the assignee has been so registered.

Amendment of powers of Scottish Homes to dispose of land.

179

• (1) In section 2 of the Housing (Scotland) Act 1988 (which, amongst other things, enables Scottish Homes to dispose of land)—

• (a) in subsection (2) (powers of Scottish Homes), after “(3)” there shall be inserted “ and (3A) ”;

• (b) in subsection (3)(b)—

• (i) after “above” there shall be inserted the words “ , other than the power under paragraph (h) to dispose of land, ”; and

• (ii) for the word “with” where secondly occurring there shall be substituted the words “ between it and ”;

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

(3A) The power conferred by subsection (2)(h) above upon Scottish Homes to dispose of land may be exercised only with the consent of the Secretary of State (which consent may be given in relation to particular cases or classes of case and may be made subject to conditions).

; and

• (d) subsection (6) (certain land not to be disposed of, without consent, for less than best price) shall be omitted.

Race relations: codes of practice in housing field.

180

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

Duty of landlord to inform secure tenant seeking to buy house about changes in law: Scotland.

181

In section 76 of the Housing (Scotland) Act 1987 (duty of landlords to provide information to secure tenants) there shall be added at the end the following subsections—

(4) Where— (a) by way of any enactment (including an enactment made under this Act), any change is to be made in the law relating to the calculation of the price at which the tenant of a house is entitled under this Act to purchase it, being a change which does not come into force upon the passing or making of that enactment but which, when it does come into force will affect the price of the house, and (b) the house is one in respect of which an application to purchase has, in the period ending with the coming into force of the change, been served under section 63(1) and not withdrawn but no contract of sale of the house has been constituted under section 66(2), the landlord shall, upon the passing or making of that enactment or, if later, upon the service of the application to purchase, forthwith give written notice to the tenant stating the nature of the change and how it will affect the price and suggesting that the tenant should seek appropriate advice. (5) For the purposes of subsection (4), a change in the law will affect the price of a house if, on the day it falls to be calculated under the law as changed, the price will be different from what it would have been that day had there been no such change.

Other provisions

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

182

Extension of powers of Housing Corporation and Housing for Wales to give financial assistance.

183

For section 87 of the Housing Associations Act 1985 (grants towards expenses in promoting or assisting registered housing associations) there shall be substituted the following section—

(87) (1) The Corporation may give financial assistance to any person in respect of the following activities— (a) promoting and giving advice on the formation of registered housing associations and co-operative housing associations (in this section referred to collectively as “relevant associations”); (b) managing, providing services for, and giving advice on the running of, relevant associations; and (c) assisting tenants and licensees of a relevant association to take part in the management of the association or of some or all of the dwellings provided by the association. (2) Assistance under this section may be in the form of grants, loans, guarantees or incurring expenditure for the benefit of the person assisted or in such other way as the Corporation considers appropriate, except that the Corporation may not, in giving any form of financial assistance, purchase loan or share capital in a company. (3) With respect to financial assistance under this section, the following— (a) the procedure to be followed in relation to applications for assistance, (b) the circumstances in which assistance is or is not to be given, (c) the method for calculating, and any limitations on, the amount of assistance, and (d) the manner in which, and the time or times at which, assistance is to be given, shall be such as may be specified by the Corporation, acting in accordance with such principles as it may from time to time determine. (4) In giving assistance under this section, the Corporation may provide that the assistance is conditional upon compliance by the person to whom the assistance is given with such conditions as it may specify. (5) Where assistance under this section is given in the form of a grant, subsections (1), (2) and (7) to (9) of section 52 of the Housing Act 1988 (recovery, etc. of grants) shall apply as they apply in relation to a grant to which that section applies, but with the substitution, for any reference in those subsections to the registered housing association to which the grant has been given, of a reference to the person to whom assistance is given under this section. (6) Section 53 of the Housing Act 1988 (determinations under Part II) shall apply in relation to a determination under this section as it applies to a determination under sections 50 to 52 of that Act.

Extension of functions of Audit Commission.

184

• (1)

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3)

Publication of reports of Controller of Audit: Scotland.

185

In section 102 of the Local Government (Scotland) Act 1973 (reports to Commission for Local Authority Accounts by Controller ofAudit)—

• (a) in subsections (1) and (2) there shall, in each case, be added at the end the words “ and may send a copy of any report so made to any other person he thinks fit" ”; and

• (b) after subsection (2) there shall be inserted the following subsection—

(2A) A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection (1) or (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.

Security of tenure on ending of long residential tenancies.

186

• (1) Schedule 10 to this Act shall have effect (in place of Part I of the Landlord and Tenant Act 1954) to confer security of tenure on certain tenants under long tenancies and, in particular, to establish assured periodic tenancies or standard occupation contracts when such long tenancies come to an end.

• (1A) In this section, “standard occupation contract” has the same meaning as in section 8 of the Renting Homes (Wales) Act 2016 (anaw 1).

• (2) Schedule 10 to this Act applies, and section 1 of the Landlord and TenantAct 1954 does not apply, to a tenancy of a dwelling-house—

• (a) which is a long tenancy at a low rent, as defined in Schedule 10 to this Act; and

• (b) which is entered into on or after the day appointed for the coming into force of this section, otherwise than in pursuance of a contract made before that day.

• (3) If a tenancy—

• (a) is in existence on 15th January 1999, and

• (b) does not fall within subsection (2) above, and

• (c) immediately before that date was, or was deemed to be, a long tenancy at a low rent for the purposes of Part I of the Landlord and Tenant Act 1954,

then, on and after that date (and so far as concerns any notice specifying a date of termination on or after that date and any steps taken in consequence thereof), section 1 of that Act shall cease to apply to it and Schedule 10 to this Act shall apply to it unless, before that date, the landlord has served a notice under section 4 of that Act specifying a date of termination which is earlier than that date.

• (4) The provisions of Schedule 10 to this Act have effect notwithstanding any agreement to the contrary, but nothing in this subsection or that Schedule shall be construed as preventing the surrender of a tenancy.

• (5) Section 18 of the Landlord and Tenant Act 1954 (duty of tenants of residential property to give information to landlords or superior landlords) shall apply in relation to property comprised in a long tenancy at a low rent, within the meaning of Schedule 10 to this Act, as it applies to property comprised in a long tenancy at a low rent within the meaning of Part I of that Act, except that the reference in that section to subsection (1) of section 3 of that Act shall be construed as a reference to sub-paragraph (1) of paragraph 3 of Schedule 10 to this Act.

• (6) Where, by virtue of subsection (3) above, Schedule 10 to this Act applies to a tenancy which is not a long tenancy at a low rent as defined in that Schedule, it shall be deemed to be such a tenancy for the purposes of that Schedule.

Construction industry: grants and guarantees.

187

• (1) The Secretary of State may, for the purpose of promoting or facilitating the carrying on of any of the activities specified in subsection (2) below, do one or both of the following, that is to say—

• (a) make grants to any person who carries on any such activities;

• (b) guarantee the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with sums borrowed temporarily by any such person.

• (2) The activities mentioned in subsection (1) above are—

• (a) the assessment of, and of applications of, materials, products, systems and techniques used or proposed for use in the construction industry; and

• (b) the issue of certificates, promotion of common standards and publication of information with respect to any such materials, products, systems or techniques.

• (3) The consent of the Treasury shall be required for the exercise by the Secretary of State of his power under this section to make a grant or give a guarantee; but, subject to that consent and to the following provisions of this section, that power shall be a power to make a grant or give a guarantee in such manner and on such conditions as he thinks fit.

• (4) Immediately after a guarantee is given under this section, the Secretary of State shall lay a statement of the guarantee before each House of Parliament.

• (5) Where any sums are paid out in fulfilment of a guarantee given under this section in respect of any person’s borrowing, that person shall make to the Secretary of State, at such times and in such manner as the Secretary of State may, with the consent of the Treasury, from time to time direct—

• (a) payments, of such amounts as the Secretary of State may so direct, in or towards repayment of those sums; and

• (b) payments of interest, at such rate as the Secretary of State may so direct, on what is outstanding for the time being in respect of those sums.

• (6) As soon as possible after the end of any financial year in which—

• (a) any sums are paid out in fulfilment of a guarantee given under this section, or

• (b) any liability in respect of the principal of sums so paid out, or in respect of interest on any such sums, is outstanding,

the Secretary of State shall lay before each House of Parliament a statement relating to the sums.

Repeal of s. 2 of the Education (Grants and Awards) Act 1984.

188

Section 2 of the Education (Grants and Awards) Act 1984 (limit on expenditure approved for grant purposes) shall not apply in relation to any expenditure approved for the financial year beginning with 1st April 1990 or any subsequent financial year.

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

189

Supplementary

Regulations.

190

• (1) Under any power to make regulations conferred by any provision of this Act, different provision may be made for different cases and different descriptions of cases (including different provision for different areas).

• (2) Any power to make regulations conferred by any provision of this Act shall be exercisable by statutory instrument which, except in the case of a statutory instrument containing regulations under section 150 or section 151or Schedule 10, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Separate provisions for Wales.

191

• (1) Where any provision of this Act which extends to England and Wales confers (directly or by amendment of another Act) a power on the Secretary of State to make regulations, orders, rules or determinations or to give directions or specify any matter, the power may be exercised differently for England and Wales, whether or not it is exercised separately.

• (2) This section is without prejudice to section 190(1) above and to any other provision of this Act or of any Act amended by this Act by virtue of which powers may be exercised differently in different cases or in any other circumstances.

Financial provisions.

192

• (1) There shall be paid out of money provided by Parliament—

• (a) any sums required for the payment by the Secretary of State of grants, subsidies or contributions under this Act;

• (b) any sums required by the Secretary of State for fulfilling any guarantees under this Act;

• (c) any other expenses of the Secretary of State under this Act; and

• (d) any increase attributable to this Act in the sums so payable under anyother enactment.

• (2) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Application to Isles of Scilly.

193

• (1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

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

Amendments and repeals.

194

• (1) Schedule 11 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

• (2) The enactments specified in Part I of Schedule 12 to this Act, which relate to or are superseded by the provisions of Part IV of this Act, are hereby repealed to the extent specified in the third column of that Schedule; and the Secretary of State may by order made by statutory instrument make provision (in consequence of the said Part IV) amending, repealing or revoking (with or without savings) any provision of an Act passed before or in the same session as this Act, or of an instrument made under an Act before the passing of this Act.

• (3) In subsection (2) above “Act” includes a private or local Act and a statutory instrument by which the power in that subsection is exercised shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) The other enactments specified in Part II of Schedule 12 to this Act,which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule.

Short title, commencement and extent.

195

• (1) This Act may be cited as the Local Government and Housing Act 1989.

• (2) The provisions of sections 1 and 2, 9, 10, 13 to 20 above, Parts II to V (with the exception in Part II of section 24), VII and VIII and (in this Part) sections 140 to 145, 156, 159, 160, 162, 164, 165, 168 to 173, 175 to 180, 182 and 183, 185, 186 and 194, except in so far as it relates to paragraphs 104 to 106 of Schedule 11, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.

• (3) An order under subsection (2) above may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.

• (4) Subject to subsection (5) below, this Act, except Parts I and II and sections 36(9), 140 to 145, 150 to 152, 153, 155, 157, 159, 161, 166, 168, 170, 171, 176 to 182, 185, 190, 192, 194(1), 194(4) and this section, extendsto England and Wales only.

• (5) Notwithstanding anything in subsection (4) above, any provision of Schedule 11 or Part II of Schedule 12 to this Act which amends or repeals any provision of the following enactments does not extend to Scotland—

• (a) the Military Lands Act 1892;

• (b) the Local Authorities (Expenditure Powers) Act 1983.

• (6) This Act does not extend to Northern Ireland.

SCHEDULE 1

Bodies to which section 15 applies

1

Subject to such exceptions as may be prescribed by regulations made by the Secretary of State, section 15 of this Act applies, in relation to any relevant authority or committee of a relevant authority—

• (a) to any ordinary committee or ordinary sub-committee of the authority;

• (b) to any advisory committee of the authority and to any sub-committee appointed by such an advisory committee; and

• (c) to any such body falling within paragraph 2 below as is a body at least three seats on which fall from time to time to be filled by appointments made by the authority or committee.

2

• (1) For the purposes of paragraph 1 above, in its application in relation to relevant authorities in England and Wales or the committees of such authorities, a body falls within this paragraph if it is a body of any of the following descriptions, that is to say—

• (a) a relevant authority which is a local authority of any of the descriptions specified in paragraphs (f) or (h) to (jba) of section 21(1) of this Act;

• (b) a local authority of any of the descriptions specified in paragraphs (k), . . . and (n) of section 21(1) of this Act;

• (ba) a National Park authority;

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

• (bc) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;

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

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

• (e) a committee established in accordance with any regulations made by virtue of section 7 of the Superannuation Act 1972 (regulations making provision for the superannuation of persons employed in local government service etc.);

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

• (g) a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

• (h) a joint committee not falling within sub-paragraphs (a) to (g) above appointed by two or more relevant authorities under section 102(1)(b) of the Local Government Act 1972.

• (2) For the purposes of paragraph 1 above, in its application in relation to relevant authorities in Scotland or to the committees of such authorities, a body falls within this paragraph if it is—

• (a) a joint board within the meaning of section 235(1) of the Local Government (Scotland) Act 1973;

• (b) a board or committee appointed by one or more relevant authorities in exercise of a power conferred by a local enactment, being a board or committee seats on which are required to be filled by the appointment of members of that authority or of those authorities;

• (c) a joint committee appointed by two or more relevant authorities under section 57(1)(b) of the Local Government (Scotland) Act 1973.

Construction of sections 15 to 17

3

• (1) The Secretary of State may, for the purposes of sections 15 and 16 of this Act, by regulations make provision—

• (a) as to the circumstances in which the members of a relevant authority are to be treated as divided into different political groups;

• (b) as to the persons who are to be treated as members of such a group and as to when a person is to be treated as having ceased to be a member of such agroup;

• (c) requiring the question whether a person is or is not a member of a political group to be determined in such manner as may be provided for by or under the regulations;

• (d) specifying the manner in which, and times at which, the wishes of such a group are to be expressed and the consequences of a failure by such a group to express its wishes.

• (2) Regulations under this paragraph may make provision modifying the provisions of sections 15 and 16 of this Act in relation to any case in which some of the members of a relevant authority fall to be treated as members of one or more political groups and the others do not.

4

• (1) In sections 15 to 17 of this Act and this Schedule—

• “advisory committee”, in relation to a relevant authority,means a committee appointed by the authority under section 102(4) of the Local Government Act 1972 or section 57(4) of the Local Government (Scotland) Act 1973 (advisory committees);

• . . .

• “membership”, in relation to a relevant authority, means the number of persons who are for the time being members of the authority, disregarding any person who is treated as continuing to be a member of the authority by virtue of section 3(3) of the Local Government Act 1972 (chairman to continue as a member until replaced);

• “ordinary committee”—in relation to any relevant authority in England and Wales, means any committee of the authority appointed under section 102(1)(a) of the Local Government Act 1972, not being a body to which section 15 of this Act applies by virtue of paragraph 2 above; andin relation to any relevant authority in Scotland, means . . . any committee of the authority appointed under section 57(1)(a) of the Local Government (Scotland) Act 1973;

• “relevant authority”—in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (c), (f) or (h) to (jba) of section 21(1)of this Act; andin relation to Scotland, means a local authority;and

• “seat”, in relation to a body to which section 15 of this Act applies, means such a position as a member of that body as—entitles the person holding the position to vote at meetings of the body on any question which falls to be decided at such a meeting; andin the case of a position as member of an advisory committee or of a sub-committee appointed by an advisory committee, is not a position which the authority or committee have determined must be filled by the appointment of a person who is not a member of the authority.

• (2) In this Schedule—

• “ordinary sub-committee”—in relation to any relevant authority in England and Wales, means any sub-committee of the authority’s . . . social services committee or any other sub-committee of that authority appointed under section102(1)(c) of the Local Government Act 1972 by an ordinary committee of that authority; andin relation to any relevant authority in Scotland, means any sub-committee of an ordinary committee;

• ...

• . . ..

• (3) References in this paragraph to voting include references to making use of a casting vote.

Supplemental regulation making power

5

Regulations under section 15 or 17 of this Act or under this Schedule may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.

SCHEDULE 2

SCHEDULE 3

Part I — Effect of Overspend in 1989-90 on Credit Approvals

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Part II — Non-Monetary Consideration received before April 1990

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Part III — Credit Ceiling

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Part IV — Minimum Revenue Provision

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SCHEDULE 4

Part I — Credits to the Account

For each year a local housing authority who are required to keep a Housing Revenue Account (“the account”) shall carry to the credit of the account amounts equal to the items listed in this Part of this Schedule.

Item 1: rents

The income of the authority for the year from rents and charges in respect of houses and other property within the account.

This item includes rent remitted by way of rebate.

Item 2: charges for services and facilities

The income of the authority for the year in respect of services or facilities provided by them in connection with the provision by them of houses and other property within the account—

If the Secretary of State so directs, this item shall include, or not include, such income as may be determined by or under the direction or income in respect of services provided under section 11A of that Act (power to provide welfare services).

Item 3: Housing Revenue Account subsidy

...

Item 4: contributions towards expenditure

Contributions of any description payable to the authority for the year towards expenditure falling to be debited to the account (for that or any other year).

If the Secretary of State so directs, this item shall not include so much of any such contributions as may be determined by or under the direction.

Item 5: housing benefit transfers

...

Item 6: transfers from the Housing Repairs Account

Sums transferred for the year from the authority’s Housing Repairs Account in accordance with section 77(5) of this Act (credit balance for year).

Item 7: reduced provision for bad or doubtful debts

The following, namely—

If the Secretary of State so directs, no sums shall be credited under paragraph (a) above, and no amount shall be credited under paragraph (b)above, except (in either case) in such circumstances and to such extent as maybe specified in the direction.

Item 8: sums calculated as determined by Secretary of State

Sums calculated for the year in accordance with such formulae as the Secretary of State may from time to time determine.

In determining any formula for the purposes of this item, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to such matters relating to the authority, or to (or to tenants of) houses and other property which are or have been within the account, as he thinks fit.

Item 9: sums directed by Secretary of State or National Assembly for Wales

Any sums which for the year the authority is required, by reason of a direction given by the appropriate person, to carry to the credit of the account from some other revenue account of theirs.

A direction under this item may require the transfer of sums calculated in accordance with formulae specified in the direction, and any formula so specified may include variables framed (in whatever way the appropriate person considers appropriate) by reference to such matters as the appropriate person thinks fit.

Item 10: credit balance from previous year

Any credit balance shown in the account for the previous year.

This item does not include so much of any such balance so shown as is carried to the credit of some other revenue account of the authority in accordance with paragraph 1 or 2 of Part III of this Schedule.

Part II — Debits to the Account

For each year a local housing authority who are required to keep a Housing Revenue Account (“the account”) shall carry to the debit of the account amounts equal to the items listed in this Part of this Schedule.

Item 1: expenditure on repairs, maintenance and management

The expenditure of the authority for the year in respect of the repair, maintenance, supervision and management of houses and other property within the account, but not including expenditure properly debited to the authority’s Housing Repairs Account.

If the Secretary of State so directs, this item shall include, or not include, such expenditure as may be determined by or under the direction.

Item 2: capital expenditure

Any expenditure of the authority in respect of houses and other property within the account—

In this item “capital expenditure” means expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance).

Item 3: rents, rates, taxes and other charges

The rents, rates, taxes and other charges which the authority are liable to pay for the year in respect of houses and other property within the account.

Item 4: rent rebates

...

Item 5: sums payable under section 80ZA

...

Item 5A: sums payable under section 170 of the Localism Act 2011

Sums payable for the year to the Secretary of State under section 170(4) or (5) of the Localism Act 2011 (interest etc charged as a result of late payment of settlement payments etc).

Item 5B: sums payable under section 134 of the Housing (Wales) Act 2014

Sums payable for the year to the Welsh Ministers under section 134(3) or (4) of the Housing (Wales) Act 2014 (interest etc charged as a result of late payment of settlement payments etc).

Item 6: contributions to Housing Repairs Account

Sums transferred for the year to the authority’s Housing RepairsAccount.

Item 7: provision for bad or doubtful debts

The following, namely—

If the Secretary of State so directs, no sums shall be debited under paragraph (a) above, and no provision shall be debited under paragraph (b)above, except (in either case) in such circumstances and to such extent as maybe specified in the direction.

Item 8: sums calculated as determined by Secretary of State

Sums calculated for the year in accordance with such formulae as the Secretary of State may from time to time determine.

In determining any formula for the purposes of this item, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to such matters relating to the authority, or to (or to tenants of) houses or other property which are or have been within the account, as he thinks fit.

Item 9: debit balance from previous year

Any debit balance shown in the account for the previous year.

This item does not include any such balance so shown which is carried to the debit of some other revenue account of the authority in accordance with paragraph 1 of Part III of this Schedule.

Item 10: sums directed by Secretary of State or National Assembly for Wales

Any sums which for the year the authority is required, by reason of a direction given by the appropriate person, to carry from the account to the credit of some other revenue account of theirs.

A direction under this item may require the transfer of sums calculated in accordance with formulae specified in the direction, and any formula so specified may include variables framed (in whatever way the appropriate person considers appropriate) by reference to such matters as the appropriate person thinks fit.

In giving a direction under this item, the appropriate person may (in particular) take into account the effect of such a direction on—

In this item the reference to the authority’s “relevant fund” is—

Item 11: payments under section 86 of the Housing and Planning Act 2016

Any sums payable for the year to the Secretary of State under regulations made in reliance on section 86 of the Housing and Planning Act 2016 (rents for high income social tenants: payment by local authority of increased income to Secretary of State).

Part III — Special Cases

Balance for year 1989-90

1

• (1) The following, namely—

• (a) any debit balance shown in a local housing authority’s Housing Revenue Account for the year beginning 1st April 1989;

• (b) so much of any credit balance so shown as exceeds the limit mentioned in sub-paragraph (2) below,

shall be carried forward and debited or credited, as the case may require, not to their Housing Revenue Account for the year beginning 1st April 1990 but to some other revenue account of theirs for that year.

• (2) The limit referred to in sub-paragraph (1) above is £150 multiplied by the number of dwellings in the authority’s Housing Revenue Account on 31st March 1990 or £5 million, whichever is the lesser amount.

...

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Amenities shared by the whole community

3

• (1) Where benefits or amenities—

• (a) arising from the exercise of a local housing authority’s functions under Part II of the Housing Act 1985 (provision of housing); and

• (b) provided for persons housed by the authority,

are shared by the community as a whole, the authority shall make such contributions to their Housing Revenue Account from some other revenue account of theirs as, having regard to the amounts of the contributions and the period over which they are made, will properly reflect the community’s share of the benefits or amenities.

• (2) The Secretary of State may give such directions as he considers appropriate as to the performance by local housing authorities of their duty under sub-paragraph (1) above.

• (3) Where it appears to the Secretary of State that an authority have failed to comply with sub-paragraph (1) above or any directions under sub-paragraph (2) above, he may give them such directions as appear to him appropriate to ensure compliance.

• (4) A direction under sub-paragraph (3) above may contain particulars as to the amounts of the contributions and the years for which they are to be made.

Provision of welfare services

3A

• (1) This paragraph applies where in any year a local housing authority provide welfare services (within the meaning of section 11A of the Housing Act 1985) for persons housed by them in houses or other property within their Housing Revenue Account.

• (2) The authority may carry to the credit of the account—

• (a) an amount equal to the whole or any part of the income of the authority for the year from charges in respect of the provision of those services;

• (b) any sum from some other revenue account of theirs which represents the whole or any part of that income.

• (3) The authority may carry to the debit of the account—

• (a) an amount equal to the whole or any part of the expenditure of the authority for the year in respect of the provision of those services;

• (b) any sum from some other revenue account of theirs which represents the whole or any part of that expenditure.

Land disposed of at less than market value

4

The Secretary of State in giving his consent under any enactment for the disposal at less than market value of land within their Housing Revenue Account may impose a condition requiring the authority to make a contribution to the account from some other revenue account of theirs for such years and of such amount, or of any amount calculated in such manner, as he may determine.

Adjustment of accounts on appropriation of land

5

• (1) Where land is appropriated by a local housing authority for the purposes of Part II of the Housing Act 1985 (provision of housing), or on the discontinuance of use for those purposes, such adjustment shall be made in the Housing Revenue Account, the Housing Repairs Account and other revenue accounts of the authority as the Secretary of State may direct.

• (2) Except where sub-paragraph (1) above applies, any direction given under section 24 of the Town and Country Planning Act 1959 (adjustment of accounts on appropriation of land) concerning the Housing Revenue Account of a local housing authority shall apply in relation to the account to be kept under section 74 of this Act as it would have applied tothe account to be kept under section 50 of the Housing (Financial Provisions) Act 1958.

Transfers of housing stock between authorities in London

6

• (1) Where houses and other property within the Housing Revenue Account have been transferred from one authority to another under section 23(3) of the London Government Act 1963 (orders transferring land held by London borough council or Common Council of City of London), the Secretary of State may by order direct, for any of the purposes of this Part of this Act—

• (a) within whose Housing Revenue Account the transferred houses and property are to be treated as falling; and

• (b) how relevant items are to be treated in the Housing Revenue Accounts of the authorities to whom the order applies.

• (2) The order may be made to apply to a description of local housing authorities specified in the order or to a specified local housing authority, and may make different provision in respect of different years or for different purposes in relation to the same year.

• (3) An order under this paragraph may amend an order made under section 23(3)of the London Government Act 1963 and may provide that one authority shall pay to another in respect of houses and property to which it relates such amounts calculated by such methods and in respect of such items and such years as appear to the Secretary of State to be appropriate.

• (4) An order under this paragraph—

• (a) shall be made by the Secretary of State with the concurrence of the Treasury, and

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

• (5) Before making an order under this paragraph, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate; and, before making an order applying to a particular local housing authority, he shall consult that authority.

Contributions in respect of land in certain areas

7

Where a contribution under—

• (a) section 259 of the Housing Act 1985 (contributions by Secretary of State towards expenditure on general improvement area); or

• (b) section 96 of this Act (contributions by Secretary of State towards expenditure on renewal area),

has been paid towards expenditure incurred by a local housing authority in relation to land held by them for the purposes of Part II of that Act (provision of housing), neither the expenditure nor the contribution shall be carried to the Housing Revenue Account except with the consent of the Secretary of State.

Part IV — Supplementary Provisions

Duty to supply information

1

• (1) A local housing authority, and any officer or employee of a local housing authority concerned with their housing functions, shall supply the Secretary of State with such information as he may specify, either generally or in any particular case, for the purpose of enabling the Secretary of State to ascertain the state or likely state of the authority’s Housing Revenue Account for any year.

• (2) A local housing authority shall supply the Secretary of State with such certificates supporting the information required by him as he may specify.

Directions excluding or modifying statutory provisions

2

• (1) The Secretary of State may, as respects any houses or other property within the Housing Revenue Account, direct that all or any of the provisions of this Part of this Act relating to the account shall not apply, or shall apply subject to such modifications as may be specified in the direction.

• (2) The Secretary of State may direct that the provisions of this Part of this Act relating to the Housing Revenue Account shall apply to a local housing authority subject to such modifications as are specified in the direction.

• (3) A direction may be given for such period and subject to such conditionsas may be specified in the direction.

Orders amending statutory provisions

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SCHEDULE 5

Introduction

1

The Local Government Finance Act 1988 shall be amended as mentioned in the following provisions of this Schedule.

Community charges

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Charges and multipliers

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Non-domestic rating

19

In section 41 (local rating lists) the following subsections shall be inserted after subsection (6)—

(6A) As soon as is reasonably practicable after compiling a list the valuation officer shall send a copy of it to the authority. (6B) As soon as is reasonably practicable after receiving the copy the authority shall deposit it at its principal office.

20

In section 42 (contents of local lists) in subsection (4) for paragraphs (a) and (b) there shall be substituted “ the rateable value of the hereditament ”.

21

• (1) Section 44 (occupied hereditaments: supplementary) shall be amended as follows.

• (2) In subsection (2) the words from “or” to the end shall be omitted.

• (3) Subsection (3) shall be omitted.

22

The following section shall be inserted after section 44—

(44A) (1) Where a hereditament is shown in a charging authority’s local non-domestic rating list and it appears to the authority that part of the hereditament is unoccupied but will remain so for a short time only the authority may require the valuation officer for the authority to apportion the rateable value of the hereditament between the occupied and unoccupied parts of the hereditament and to certify the apportionment to the authority. (2) The reference in subsection (1) above to the rateable value of the hereditament is a reference to the rateable value shown under section 42(4) above as regards the hereditament for the day on which the authority makes its requirement. (3) For the purposes of this section an apportionment under subsection (1) above shall be treated as applicable for any day which— (a) falls within the operative period in relation to the apportionment, and (b) is a day for which the rateable value shown under section 42(4) above as regards the hereditament to which the apportionment relates is the same as that so shown for the day on which the authority requires the apportionment. (4) References in this section to the operative period in relation to an apportionment are references to the period beginning— (a) where requiring the apportionment does not have the effect of bringing to an end the operative period in relation to a previous apportionment under subsection (1) above, with the day on which the hereditament to which the apportionment relates became partly unoccupied, and (b) where requiring the apportionment does have the effect of bringing to an end the operative period in relation to a previous apportionment under subsection (1) above, with the day immediately following the end of that period, and ending with the first day on which one or more of the events listed below occurs. (5) The events are— (a) the occupation of any of the unoccupied part of the hereditament to which the apportionment relates; (b) the ending of the rate period in which the authority requires the apportionment; (c) the requiring of a further apportionment under subsection (1) above in relation to the hereditament to which the apportionment relates; (d) the hereditament to which the apportionment relates becoming completely unoccupied. (6) Subsection (7) below applies where— (a) a charging authority requires an apportionment under subsection (1) above,and (b) the hereditament to which the apportionment relates does not fall within a class prescribed under section 45(1)(d) below. (7) In relation to any day for which the apportionment is applicable, section 43 above shall have effect as regards the hereditament as if the following subsections were substituted for section 44(2)— (2) A is such part of the rateable value shown for the day under section 42(4) above as regards the hereditament as is assigned by the relevant apportionment to the occupied part of the hereditament. (2A) In subsection (2) above “the relevant apportionment” means the apportionment under section 44A(1) below which relates to the hereditament and is treated for the purposes of section 44A below as applicable for the day. (8) Subsection (9) below applies where— (a) a charging authority requires an apportionment under subsection (1) above,and (b) the hereditament to which the apportionment relates falls within a class prescribed under section 45(1)(d) below. (9) In relation to any day for which the apportionment is applicable, section 43 above shall have effect as regards the hereditament as if the following subsections were substituted for section 44(2)— (2) A is the sum of— (a) such part of the rateable value shown for the day under section 42(4) above as regards the hereditament as is assigned by the relevant apportionment to the occupied part of the hereditament, and (b) one half of such part of that rateable value as is assigned by the relevant apportionment to the unoccupied part of the hereditament. (2A) In subsection (2) above “the relevant apportionment” means the apportionment under section 44A(1) below which relates to the hereditament and is treated for the purposes of section 44A below as applicable for the day. (10) References in subsections (1) to (5) above to the hereditament, in relation to a hereditament which is partly domestic property or partly exempt from local non-domestic rating, shall, except where the reference is to the rateable value of the hereditament, be construed as references to such part of the hereditament as is neither domestic property nor exempt from local non-domestic rating.

23

• (1) Section 45 (unoccupied hereditaments: liability) shall be amended as follows.

• (2) In subsection (1)(d) for “description” there shall be substituted “ class ”.

• (3) The following subsections shall be inserted after subsection (8)—

(9) For the purposes of subsection (1)(d) above a class may be prescribed by reference to such factors as the Secretary of State sees fit. (10) Without prejudice to the generality of subsection (9) above, a class maybe prescribed by reference to one or more of the following factors— (a) the physical characteristics of hereditaments; (b) the fact that hereditaments have been unoccupied at any time preceding the day mentioned in subsection (1) above; (c) the fact that the owners of hereditaments fall within prescribed descriptions.

24

In section 46 (unoccupied hereditaments: supplementary) in subsection (2) the words from “or” to the end shall be omitted.

25

The following section shall be inserted after section 46—

(46A) (1) Schedule 4A below (which makes provision with respect to the determination of a day as the completion day in relation to a new building) shall have effect. (2) Where— (a) a completion notice is served under Schedule 4A below, and (b) the building to which the notice relates is not completed on or before the relevant day, then for the purposes of section 42 above and Schedule 6 below the building shall be deemed to be completed on that day. (3) For the purposes of subsection (2) above the relevant day in relation to a completion notice is— (a) where an appeal against the notice is brought under paragraph 4 of Schedule 4A below, the day stated in the notice, and (b) where no appeal against the notice is brought under that paragraph, the day determined under that Schedule as the completion day in relation to the building to which the notice relates. (4) Where— (a) a day is determined under Schedule 4A below as the completion day in relation to a new building, and (b) the building is not occupied on that day, it shall be deemed for the purposes of section 45 above to become unoccupied on that day. (5) Where— (a) a day is determined under Schedule 4A below as the completion day in relation to a new building, and (b) the building is one produced by the structural alteration of an existing building, the hereditament which comprised the existing building shall be deemed for the purposes of section 45 above to have ceased to exist, and to have been omitted from the list, on that day. (6) In this section— (a) “building” includes part of a building, and (b) references to a new building include references to a building produced by the structural alteration of an existing building where the existing building is comprised in a hereditament which, by virtue of the alteration, becomes,or becomes part of, a different hereditament or different hereditaments.

26

• (1) Section 47 (discretionary relief) shall be amended as follows.

• (2) In subsection (1)(b) for “regulations under section 57 below or regulations under section 58 below” there shall be substituted “ regulations under section 58 below or any provision of or made under Schedule 7A below ”.

• (3) In subsection (5) for “57 or 58 below” there shall be substituted “ 58 below and of any provision of or made under Schedule 7A below ”.

27

In section 49 (reduction or remission of liability) in subsection (3) for the words from “and the effect” to the end of the subsection there shall be substituted “ , the effect of any regulations under section 58 below, and the effect of any provision of or made under Schedule 7A below. ”

28

In section 52 (central rating lists) the following subsections shall be inserted after subsection (6)—

(6A) As soon as is reasonably practicable after compiling a list the central valuation officer shall send a copy of it to the Secretary of State. (6B) As soon as is reasonably practicable after receiving the copy the Secretary of State shall deposit it at his principal office.

29

• (1) Section 53 (contents of central lists) shall be amended as follows.

• (2) In subsection (1) for “a description” there shall be substituted “ one or more descriptions ”.

• (3) In subsection (2)(b) for “the” there shall be substituted “ any ”.

• (4) For subsection (4) there shall be substituted the following subsections—

(4) Where regulations are for the time being in force under this section prescribing a description of non-domestic hereditament in relation to a person designated in the regulations (“the previously designated person”), amending regulations altering the designated person in relation to whom that description of hereditament is prescribed may have effect from a date earlier than that on which the amending regulations are made. (4A) Where, by virtue of subsection (4) above, the designated person in relation to any description of non-domestic hereditament is changed from a date earlier than the making of the regulations,— (a) any necessary alteration shall be made with effect from that date to a central non-domestic rating list on which any hereditament concerned is shown; and (b) an order making the provision referred to in paragraph 3(2) of Schedule 6 below and specifying a description of hereditament by reference to the previously designated person shall be treated, with effect from that date, as referring to the person designated by the amending regulations.

30

• (1) Section 55 (alteration of lists) shall be amended as follows.

• (2) In subsection (4) (content of regulations)—

• (a) in paragraph (b) after “as to the” there shall be inserted “ manner and ” and at the end there shall be added “ and the information to be included in a proposal ”;

• (b) in paragraph (d) for “making” there shall be substituted “ andsubsequent to the making of ”; and

• (c) after paragraph (d) there shall be inserted—

(dd) as to the circumstances within which and the conditions upon which a proposal may be withdrawn

.

• (3) In subsection (5) (regulations about appeals), for the words from “about” to “its alteration” there shall be substituted

between a valuation officer and another person making a proposal for the alteration of a list— (a) about the validity of the proposal; or (b) about the accuracy of the list

.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The following subsection shall be inserted after subsection (7)—

(7A) The regulations may include provision that— (a) where a valuation officer for a charging authority has informed the authority of an alteration of a list a copy of which has been deposited by the authority under section 41(6B) above, the authority must alter the copy accordingly; (b) where the central valuation officer has informed the Secretary of State of an alteration of a list a copy of which has been deposited under section 52(6B) above, the Secretary of State must alter the copy accordingly.

31

The following section shall be substituted for section 57 (special provision for 1990-95)—

(57) Schedule 7A below (which contains special provision for 1990–95) shall have effect.

32

The following section shall be substituted for section 59—

(59) Where a contribution in aid of non-domestic rating is made in respect of a Crown hereditament, the contribution shall be paid to the Secretary of State.

33

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

34

In section 65 (owners and occupiers) the following subsection shall be inserted after subsection (8)—

(8A) In a case where— (a) land consisting of a hereditament is used (permanently or temporarily) for the exhibition of advertisements or for the erection of a structure used for the exhibition of advertisements, (b) section 64(2) above does not apply, and (c) apart from this subsection, the hereditament is not occupied, the hereditament shall be treated as occupied by the person permitting it to be so used or, if that person cannot be ascertained, its owner.

35

• (1) Section 67 (interpretation etc.) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The following subsection shall be inserted after subsection (9) (power toshow class of hereditament in central non-domestic rating list)—

(9A) In subsection (9) above “class” means a class expressed by reference to whether hereditaments— (a) are occupied or owned by a person designated under section 53(1) above,and (b) fall within any description prescribed in relation to him under section53(1).

36

The following Schedule shall be inserted after Schedule 4—

SCHEDULE 4A (1) (1) If it comes to the notice of a charging authority that the work remaining to be done on a new building in its area is such that the building can reasonably be expected to be completed within 3 months, the authority shall serve a notice under this paragraph on the owner of the building as soon as is reasonably practicable unless the valuation officer otherwise directs in writing. (2) If it comes to the notice of a charging authority that a new building in its area has been completed, the authority may serve a notice under this paragraph on the owner of the building unless the valuation officer otherwise directs in writing. (3) A charging authority may withdraw a notice under this paragraph by serving on the owner of the building to which the notice relates a subsequent notice under this paragraph. (4) Where an appeal under paragraph 4 below has been brought against a notice under this paragraph, the power conferred by sub-paragraph (3) above shall only be exercisable with the consent in writing of the owner of the building to which the notice relates. (5) The power conferred by sub-paragraph (3) above shall cease to be exercisable in relation to a notice under this paragraph once a day has been determined under this Schedule as the completion day in relation to the building to which the notice relates. (6) In this Schedule “completion notice” means a notice under this paragraph. (2) (1) A completion notice shall specify the building to which it relates and state the day which the authority proposes as the completion day in relation to the building. (2) Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is not completed, the authority shall propose as the completion day such day, not later than 3 months from and including the day on which the notice is served, as the authority considers is a day by which the building can reasonably be expected to be completed. (3) Where at the time a completion notice is served it appears to the authority that the building to which the notice relates is completed, the authority shall propose as the completion day the day on which the notice is served. (3) (1) If the person on whom a completion notice is served agrees in writing with the authority by whom the notice is served that a day specified by the agreement shall be the completion day in relation to the building, that day shall be the completion day in relation to it. (2) Where such an agreement as is mentioned in sub-paragraph (1) above is made, the completion notice relating to the building shall be deemed to have been withdrawn. (4) (1) A person on whom a completion notice is served may appeal to a valuation and community charge tribunal against the notice on the ground that the building to which the notice relates has not been or, as the case may be, cannot reasonably be expected to be completed by the day stated in the notice. (2) Where a person appeals against a completion notice and the appeal is not withdrawn or dismissed, the completion day shall be such day as the tribunal shall determine. (5) Where a completion notice is not withdrawn and no appeal under paragraph 4 above is brought against the notice or any appeal under that paragraph is dismissed or withdrawn, the day stated in the notice shall be the completion day in relation to the building. (6) (1) Where an appeal under paragraph 4 above is brought against a completion notice, then in relation to any day on which the appeal is pending section 45 above shall apply by virtue of section 46A(4) above as if the day stated in the notice had been determined under this Schedule as the completion day in relation to the building to which the notice relates. (2) The Secretary of State may make regulations providing for the making of financial adjustments where sub-paragraph (1) applies but the day stated in the completion notice is not actually determined as the completion day in relation to the building to which the notice relates. (3) Regulations under sub-paragraph (2) above may include— (a) provision requiring payments to be made, (b) provision requiring payments to be made together with payments of interest, and (c) provision as to the recovery (by deduction or otherwise) of sums due. (4) For the purpose of deciding, for the purposes of this paragraph, whether an appeal is pending on a particular day, the state of affairs existing immediately before the day ends shall be treated as having existed throughout the day. (7) (1) A charging authority shall supply to the valuation officer a copy of any completion notice served by it. (2) If a charging authority withdraws a completion notice, it shall inform the valuation officer of that fact. (3) A charging authority shall supply the valuation officer with details of any agreement to which it is a party and by virtue of which a completion day is determined under this Schedule in relation to a building. (8) Without prejudice to any other mode of service, a completion notice maybe served on a person— (a) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or, in a case where an address for service has been given by that person, at that address; (b) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter or by the recorded delivery service addressed to the secretary or clerk of the company or body at that office; or (c) where the name or address of that person cannot be ascertained after reasonable inquiry, by addressing it to him by the description of “owner”of the building (describing it) to which the notice relates and by affixing it to some conspicuous part of the building. (9) (1) This paragraph applies in the case of a building to which work remains to be done which is customarily done to a building of the type in question after the building has been substantially completed. (2) It shall be assumed for the purposes of this Schedule that the building has been or can reasonably be expected to be completed at the end of such period beginning with the date of its completion apart from the work as is reasonably required for carrying out the work. (10) (1) Section 46A(6) applies for the purposes of this Schedule. (2) In this Schedule— - “completion notice” has the meaning given by paragraph 1(6) above; - “owner”, in relation to a building, means the person entitled to possession of the building; - references to the valuation officer, in relation to a charging authority, are references to the valuation officer for the authority.

37

• (1) Schedule 5 (exemptions) shall be amended as follows.

• (2) In paragraph 7 (agricultural buildings) in each of sub-paragraphs (1)(b) ..., for “(together with the body)” there shall be substituted “ or are together with the body ”.

• (3) In paragraph 9 (exemption for fish farms) the following shall be inserted after sub-paragraph (4)—

(4A) But an activity does not constitute fish farming if the fish or shell fish are or include fish or shellfish which— (a) are purely ornamental, or (b) are bred, reared or cultivated for exhibition.

• (4) After paragraph 18 there shall be inserted—

(18A) (1) A hereditament which is occupied (as mentioned in section 65 of this Act) is exempt to the extent that it consists of, or of any of the appurtenances of, a fixed road crossing over an estuary, river or other watercourse. (2) For the purposes of this paragraph, a fixed road crossing means a bridge, viaduct, tunnel or other construction providing a means for road vehicles or pedestrians or both to cross the estuary, river or other watercourse concerned. (3) For the purposes of sub-paragraph (2) above— (a) a bridge may be a fixed road crossing notwithstanding that it is designed so that part of it can be swung, raised or otherwise moved in order to facilitate passage across, above or below it; but (b) the expression “bridge” does not include a floating bridge, that is to say, a ferry operating between fixed chains. (4) The reference in sub-paragraph (1) above to the appurtenances of a fixed road crossing is a reference to— (a) the carriageway and any footway thereof; (b) any building, other than office buildings, used in connection with the crossing; and (c) any machinery, apparatus or works used in connection with the crossing or with any of the items mentioned in paragraphs (a) and (b) above.

38

• (1) Schedule 6 shall be amended as follows.

• (2) In paragraph 1 the words “, and parts of them,” shall be omitted.

• (3) In paragraph 2, in sub-paragraph (1) after “non-domestic hereditament” there shall be inserted “ none of which consists of domestic property and none of which is exempt from local non-domestic rating ”.

• (4) In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (1)—

(1A) The rateable value of a composite hereditament none of which is exempt from local non-domestic rating shall be taken to be an amount equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of sub-paragraph (1) above, would reasonably be attributable to the non-domestic use of property. (1B) The rateable value of a non-domestic hereditament which is partially exempt from local non-domestic rating shall be taken to be an amount equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of sub-paragraph (1) above, would, as regards the part of the hereditament which is not exempt from local non-domestic rating, be reasonably attributable to the non-domestic use of property.

• (5) In paragraph 2, in sub-paragraph (6) for the words from “day the alteration” to the end there shall be substituted “ material day. ”

• (6) In paragraph 2, the following sub-paragraph shall be inserted after sub-paragraph (6)—

(6A) For the purposes of sub-paragraph (6) above— (a) where the determination is occasioned by a proposal for an alteration disputing the accuracy of a previous alteration to the list, the material day is the day by reference to which the matters mentioned in sub-paragraph (7) below fell to be assessed when determining the rateable value with a view to making the disputed alteration; (b) where the determination is occasioned by any proposal for an alteration other than one disputing the accuracy of a previous alteration to the list, the material day is the day the proposal is made; (c) where the determination is occasioned otherwise than by a proposal for an alteration, the material day is the day the alteration is entered in the list.

• (7) In paragraph 2, in sub-paragraph (7) after paragraph (c) there shall be inserted—

(cc) the quantity of refuse or waste material which is brought onto and permanently deposited on the hereditament,

.

• (8) In paragraph 2, in sub-paragraph (8) for “description” there shall be substituted “ class ”.

• (9) In paragraph 2, in sub-paragraph (9) after “(1)” there shall be inserted “ , (1A) or (1B) ”.

• (10) In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (10)—

(11) For the purposes of sub-paragraph (8) above a class may be prescribed by reference to such factors as the Secretary of State sees fit. (12) Without prejudice to the generality of sub-paragraph (11) above, a class may be prescribed by reference to one or more of the following factors— (a) the physical characteristics of hereditaments; (b) the fact that hereditaments are unoccupied or are occupied for prescribed purposes or by persons of prescribed descriptions. (13) In this paragraph references to the non-domestic use of property are references to use otherwise than in such a manner as to constitute the property domestic property.

• (11) The following paragraphs shall be inserted after paragraph 2—

(2A) (1) This paragraph applies to any hereditament the whole or any part of which consists in buildings which are— (a) used for the breeding and rearing of horses or ponies or for either of those purposes; and (b) are occupied together with any agricultural land or agricultural building. (2) The rateable value of any hereditament to which this paragraph applies shall be taken to be the amount determined under paragraph 2 above less whichever is the smaller of the following amounts— (a) such amount as the Secretary of State may by order specify for the purposes of this paragraph; and (b) the amount which but for this paragraph would be determined under paragraph 2 above in respect of so much of the hereditament as consists of buildings so used and occupied. (3) In this paragraph— - “agricultural land” means any land of more than two hectares which is agricultural land within the meaning of paragraph 2 of Schedule 5 above and is not land used exclusively for the pasturing of horses or ponies; and - “agricultural building” shall be construed in accordance with paragraphs 3 to 7 of that Schedule. (2B) (1) This paragraph applies where— (a) the rateable value of a hereditament consisting of an area of a caravan site is determined with a view to making an alteration to a list which has been compiled (whether or not it is still in force), (b) the area is treated as one hereditament by virtue of regulations under section 64(3)(b), (c) immediately before the day the alteration is entered in the list or (if the alteration is made in pursuance of a proposal) the day the proposal is made, the list includes a hereditament consisting of an area of the caravan site treated as one hereditament by virtue of such regulations, and (d) the area mentioned in paragraph (b) above and the area mentioned in paragraph (c) above are wholly or partly the same. (2) In relation to a caravan pitch which is included both in the area mentioned in sub-paragraph (1)(b) above and in the area mentioned in sub-paragraph (1)(c) above, sub-paragraph (3) below rather than paragraph 2(6) above shall apply as respects the matters mentioned in sub-paragraph (4) below. (3) The matters mentioned in sub-paragraph (4) below shall be taken to be as they were assumed to be for the purposes of determining the rateable value of the hereditament mentioned in sub-paragraph (1)(c) above when that rateable value was last determined. (4) The matters are— (a) the nature of the caravan on the pitch, and (b) the physical state of that caravan. (5) For the purposes of this paragraph— - “caravan” has the same meaning as it has for the purposes of Part I of the Caravan Sites and Control of Development Act 1960, and - “caravan site” means any land in respect of which a site licence is required under Part I of that Act, or would be so required if paragraph 4 and paragraph 11 of Schedule 1 to the Act (exemption of certain land occupied and supervised by organisations concerned with recreational activities and of land occupied by local authorities) were omitted.

• (12) In paragraph 3(1)—

• (a) for “description” there shall be substituted “ class ”, and

• (b) for “paragraph 2” there shall be substituted “ paragraphs 2 to 2B ”.