Local Government and Housing Act 1989
A person shall be disqualified from becoming (whether by election or otherwise) or remaining a member of a local authority if he holds a politically restricted post under that local authority or any other local authority in Great Britain.
Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part.
A person shall be disqualified from becoming (whether by election or otherwise) or remaining a member of any local authority in Wales if that person—
holds the post of chief executive of a local authority which is the council of a county or county borough in Wales;
holds a politically restricted post under a corporate joint committee.
In section 80 of the Local Government Act 1972 (disqualification for election and holding office as member of local authority)—
in subsection (1)(a) (paid office holders and employees), the words “joint board, joint authority or” shall be omitted; and
in subsection (6) (extension of meaning of “local authority”), after the word “includes” there shall be inserted “ a joint board and ”.
A person shall be disqualified from becoming or remaining a member of a corporate joint committee if that person holds a politically restricted post under any corporate joint committee or local authority in Great Britain.
In section 31 of the Local Government (Scotland) Act 1973 (which makes corresponding provision for Scotland)—
in subsection (1)(a)(ii), the words “or joint board” shall be omitted; and
after subsection (1) there shall be inserted the following subsection—
The terms of appointment or conditions of employment of every person holding a politically restricted post under a local authority (including persons appointed to such posts before the coming into force of this section) shall be deemed to incorporate such requirements for restricting his political activities as may be prescribed for the purposes of this subsection by regulations made by the Secretary of State.
Regulations under subsection (5) 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 and, without prejudice to section 190(1) below, may contain such exceptions for persons appointed in pursuance of section 9 below as he thinks fit.
So far as it has effect in relation to disqualification for election, this section has effect with respect to any election occurring not less than two months after the coming into force of this section and, so far as it relates to becoming in any other way a member of a local authority, this section has effect with respect to any action which, apart from this section, would result in a person becoming a member of the authority not less than two months after the coming into force of this section.
If, immediately before the expiry of the period of two months referred to in subsection (7) above, a person who is a member of a local authority holds a politically restricted post under that or any other local authority, nothing in this section shall apply to him until the expiry of the period for which he was elected or for which he otherwise became a member of the authority.
In this section a reference to a person holding a politically restricted post under a local authority includes a reference to every member of the staff of an elected local policing body... , and every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 every member of staff of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and every member of staff of the London Fire Commissioner.
The reference in subsection (9) to every member of the staff of an elected local policing body does not include a deputy police and crime commissioner.
For the purposes of subsection (1) only, the reference in subsection (9) to every member of the staff of an elected local policing body does not include the Deputy Mayor for Policing and Crime appointed under section 19(1)(a) of the Police Reform and Social Responsibility Act 2011.
Subsections (5) to (8) of this section apply to a corporate joint committee as they apply to a local authority in Wales.
The following persons are to be regarded for the purposes of this Part as holding politically restricted posts under a local authority—
the person designated under section 4 below as the head of the authority’s paid service;
the statutory chief officers;
a non-statutory chief officer;
a deputy chief officer;
the monitoring officer designated under section 5 below;
any person holding a post to which he was appointed in pursuance of section 9 below; and
any person not falling within paragraphs (a) to (f) above whose post is for the time being specified by the authority in a list maintained in accordance with subsection (2) below and any directions under section 3 or 3A below or with section 100G(2) of the Local Government Act 1972 or section 50G(2) of the Local Government (Scotland) Act 1973 (list of officers to whom powers are delegated) ; and
the head of democratic services designated under section 8 of the Local Government (Wales) Measure 2011.
It shall be the duty of every local authority to prepare and maintain a list of such of the following posts under the authority, namely— as are not posts for the time being exempted under section 3 or 3A below, posts for the time being listed under section 100G(2) of the Local Government Act 1972 or section 50G(2) of the Local Government (Scotland) Act 1973 or posts of a description specified in regulations made by the Secretary of State for the purposes of this subsection.
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posts ... the duties of which appear to the authority to fall within subsection (3) below,
For the purposes of this Part other than section 1(1), a person appointed as the chief executive of a local authority which is the council of a county or county borough in Wales is to be regarded as holding a politically restricted post under that authority.
The duties of a post under a local authority fall within this subsection if they consist in or involve one or both of the following, that is to say—
giving advice on a regular basis to the authority themselves, to any committee or sub-committee of the authority or to any joint committee on which the authority are represented or, where the authority are operating executive arrangements, to the executive of the authority, to any committee of that executive, or to any member of that executive who is also a member of the authority;
speaking on behalf of the authority on a regular basis to journalists or broadcasters.
For the purposes of this Part the following persons are to be regarded as holding politically restricted posts under a corporate joint committee—
a person appointed as the chief executive of the corporate joint committee;
a person described in subsection (1)(b) to (e);
a person not falling within paragraphs (a) or (b) whose post is for the time being specified by the corporate joint committee in—
the list maintained in accordance with subsection (2) and any directions under section 3;
the list maintained in accordance with regulation 24(2) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.
It shall be the duty of every local authority to deposit the first list prepared under subsection (2) above with their proper officer before the expiry of the period of two months beginning with the coming into force of this section; and it shall also be their duty, on subsequently making any modifications of that list, to deposit a revised list with that officer.
It shall be the duty of every local authority in Scotland and Wales in performing their duties under this section to have regard to such general advice as may be given by virtue of subsection (1)(b) of section 3 below by a person appointed under that subsection.
In this section “the statutory chief officers” means—
the chief education officer or director of education appointed under section 532 of the Education Act 1996or section 78 of the Education (Scotland) Act 1980 (in the case of a local authority in Wales);
the director of children’s services appointed under section 18 of the Children Act 2004 and the director of adult social services appointed under section 6(A1) of the Local Authority Social Services Act 1970 (in the case of a local authority in England);
the chief officer of a fire brigade maintained under the Fire Services Act 1947 and appointed under regulations made under section 18(1)(a) of that Act;
the director of public health appointed under section 73A(1) of the National Health Service Act 2006;
the director of social services (in the case of a local authority in Wales) or chief social work officer appointed under section 144 of the Social Services and Well-being (Wales) Act 2014 or section 3 of the Social Work (Scotland) Act 1968; and
the officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, section 73 of the Local Government Act 1985, section 112 of the Local Government Finance Act 1988 , section 127(2) of the Greater London Authority Act 1999 or section 6 below or for the purposes of section 95 of the Local Government (Scotland) Act 1973, for the administration of the authority’s financial affairs.
In this section “non-statutory chief officer” means, subject to the following provisions of this section—
a person for whom the head of the authority’s paid service or (in the case of a council for a county or county borough in Wales) the authority's chief executive is directly responsible;
a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the head of the authority’s paid service or (in the case of a council for a county or county borough in Wales) the authority's chief executive; and
any person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to the local authority themselves or any committee or sub-committee of the authority.
In this section “deputy chief officer” means, subject to the following provisions of this section, a person who, as respects all or most of the duties of his post, is required to report directly or is directly accountable to one or more of the statutory or non-statutory chief officers.
It shall be the duty of every local authority in England in performing their duties under this section to have regard to such general advice as may be given by virtue of section 3B below by the Secretary of State.
A person whose duties are solely secretarial or clerical or are otherwise in the nature of support services shall not be regarded as a non-statutory chief officer or a deputy chief officer for the purposes of this Part.
Nothing in this section shall have the effect of requiring any person to be regarded as holding a politically restricted post by reason of his holding— or of requiring any such post to be included in any list prepared and maintained under this section.
the post of head teacher or principal of a school, college or other educational institution or establishment which, in England and Wales, is maintained or assisted by a local authority or, in Scotland, is under the management of or is assisted by an education authority; or
any other post as a teacher or lecturer in any such school, college, institution or establishment,
Regulations under this section 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.
This section, other than subsection (1), applies in relation to a corporate joint committee as it applies in relation to a local authority in Wales.
In the application of subsection (2) to a corporate joint committee the reference to section 100G(2) of the Local Government Act 1972 is to be read as a reference to regulation 24(2) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.
In the application of subsection (4) to a corporate joint committee—
the reference to two months is to be read as a reference to six months, and
the reference to the coming into force of this section is to be read as a reference to— whichever is the later.
the coming into force of this subsection, or
the date on which the corporate joint committee is established,
It shall be the duty of the Scottish Ministers to appoint in relation to Scotland, and the duty of the Welsh Ministers to appoint in relation to Wales, a person—
to carry out the functions in relation to political restriction which are conferred by subsections (2) to (7) below; and
to give such general advice with respect to the determination of questions arising by virtue of section 2(3) above as that person considers appropriate after consulting such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.
A person appointed under subsection (1) above—
shall consider any application for exemption from political restrictionwhich is made to him, in respect of any post under a local authority, by the holder for the time being of that post; and
may, on the application of any person or otherwise, give directions to a local authority requiring it to include a post in the list maintained by the authority under section 2(2) above.
An application shall not be made by virtue of subsection (2)(a) above in respect of a post under a local authority except where— ...
the authority have specified or are proposing to specify the post in the list maintained by the authority under subsection (2) of section 2 above; ...
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If, on an application made by virtue of subsection (2)(a) above in respect of any post under a local authority, the person to whom the application is made is satisfied that the duties of the post do not fall within section 2(3)above, that person shall direct—
that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and
that, accordingly, the post is not to be specified in the list maintained by that authority under section 2(2) above or, as the case may be, is to be removed from that list.
A person appointed under subsection (1) above shall not give a directionunder subsection (2)(b) above in respect of any post under a local authority except where he is satisfied that the post—
is a post the duties of which fall within section 2(3) above; and
is neither included in any list maintained by the authority in accordance with section 2(2) above, section 100G(2) of the Local Government Act 1972 , regulation 24(2) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 or section 50G(2) of the Local Government (Scotland) Act 1973 nor of a description specified in any regulations under section 2(2) above.
It shall be the duty of a local authority—
to give a person appointed under subsection (1) above all such information as that person may reasonably require for the purpose of carrying out his functions under this section;
to comply with any direction under this section with respect to the list maintained by the authority; and
on being given a direction by virtue of subsection (2)(b) above, to notify the terms of the direction to the holder for the time being of the post to which the direction relates.
It shall be the duty of a person appointed under subsection (1) above, in carrying out his functions under this section, to give priority, according to the time available before the election, to any application made by virtue of subsection (2)(a) above by a person who certifies that it is made for the purpose of enabling him to be a candidate in a forthcoming election.
The Secretary of State may—
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provide for the appointment of such numbers of staff to assist any person appointed under subsection (1), and to act on that person’s behalf, as the Secretary of State may with the consent of the Treasury determine;
pay to or in respect of a person appointed under that subsection andmembers of such a person’s staff such remuneration and such other sums by way of, or towards, the payment of pensions, allowances and gratuities as the Secretary of State may so determine; and
provide for a person appointed under that subsection and such a person’s staff to hold office on such other terms as the Secretary of State may so determine.
In this section a reference to a local authority includes a reference to a corporate joint committee.
The head of paid service of a local authority in England ...—
must consider any application for exemption from political restriction which is made to the head of paid service, in respect of any post under the ... authority, by the holder for the time being of that post; and
may, on the application of any person or otherwise, give directions to the ... authority requiring it to include a post in the list maintained by the authority under section 2(2).
An application may not be made under subsection (1)(a) unless— ...
the ... authority have specified or are proposing to specify the post in the list maintained by them under section 2(2);...
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If, on an application under subsection (1)(a) in respect of any post, the head of paid service is satisfied that the duties of the post do not fall within section 2(3), the head of paid service must direct—
that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and
that accordingly the post is not to be specified in the list maintained by the ... authority under section 2(2) or (as the case may be) is to be removed from that list.
A local authority's head of paid service may not give a direction under subsection (1)(b) in respect of any post unless the head of paid service is satisfied that—
the duties of the post fall within section 2(3); and
the post is neither—
in any list maintained by the ... authority in accordance with section 2(2) above or section 100G(2) of the Local Government Act 1972; nor
of a description specified in any regulations under section 2(2) above.
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Every local authority in England ... must—
give its head of paid service all such information as the head of paid service may reasonably require for the purpose of carrying out ... functions under this section;
comply with any direction under this section with respect to the list maintained by the authority; and
on being given a direction under subsection (1)(b), notify the terms of the direction to the person who holds the post to which the direction relates.
In carrying out ... functions under this section a local authority's head of paid service must give priority, according to the time available before the election, to any application under subsection (1)(a) from a person who certifies that the application is made for the purpose of enabling him to be a candidate in a forthcoming election.
In carrying out functions under this section a local authority's head of paid service must consult the monitoring officer of that authority (unless they are the same person).
The Secretary of State may by regulations make provision about the application of this section to a local authority that is not required to designate one of its officers as the head of its paid service.
Regulations under subsection (7B) may apply any provisions of this section (with or without modifications) to an authority to which they apply.
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The Secretary of State may in relation to England give such general advice with respect to the determination of questions arising by virtue of section 2(3) as he considers appropriate.
Before giving general advice under this section the Secretary of State must consult such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.
It shall be the duty of every relevant authority—
to designate one of their officers as the head of their paid service; and
to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow his duties under this section to be performed.
It shall be the duty of the head of a relevant authority’s paid service, where he considers it appropriate to do so in respect of any proposals of his with respect to any of the matters specified in subsection (3) below, to prepare a report to the authority setting out his proposals.
In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the head of the body's paid service (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).
Those matters are—
the manner in which the discharge by the authority of their different functions is co-ordinated;
the number and grades of staff required by the authority for the discharge of their functions;
the organisation of the authority’s staff; and
the appointment and proper management of the authority’s staff.
It shall be the duty of the head of a relevant authority’s paid service, as soon as practicable after he has prepared a report under this section, to arrange for a copy of it to be sent—
in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
which corresponds to the authority's area, or
within which the area of the authority falls;
in the case of the London Fire Commissioner, to the Commissioner;
in any other case, to each member of the authority.
It shall be the duty of a relevant authority (other than an elected local policing body) to consider any report under this section by the head of their paid service at a meeting held not more than three months after copies of the report are first sent to members of the authority; and nothing in section 101 of the Local Government Act 1972 or in section 56 of , or Schedule 10 or 20 to, the Local Government (Scotland) Act 1973 (delegation) shall apply to the duty imposed by virtue of this subsection.
In this section “relevant authority”—
in relation to England ..., means a local authority of any of the descriptions specified in paragraphs (a) to (e) and (ja) to (jc) of section 21(1) below , an elected local policing body , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner;
in relation to Scotland, council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
in relation to Wales, means an elected local policing body; and
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
It shall be the duty of an elected local policing body to consider any report under this section by the head of the body's paid service, and to do so no later than three months after the body is sent a copy of the report.
It shall be the duty of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 to consider any report under this section by the head of the authority's paid service and to do so no later than three months after the authority is sent a copy of the report.
It shall be the duty of the London Fire Commissioner to consider any report under this section by the head of the Commissioner's paid service and to do so no later than three months after the Commissioner is sent a copy of the report.
It shall be the duty of every relevant authority— and subject to subsection (1A) below the officer so designated may be the head of the authority’s paid service ... but shall not be their chief finance officer.
to designate one of their officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this section and, where relevant, section 5A below; and
to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties and, where relevant, the duties under section 5A below to be performed;
Subject to subsection (2B), it shall be the duty of a relevant authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the authority, by any committee, or sub-committee of the authority, by any person holding any office or employment under the authority or by any joint committee on which the authority are represented constitutes, has given rise to or is likely to or would give rise to— to prepare a report to the authority with respect to that proposal, decision or omission.
a contravention by the authority, by any committee, or sub-committee of the authority, by any person holding any office or employment under the authority or by any such joint committee of any enactment or rule of law or of any code of practice made or approved by or under any enactment; or
any such maladministration or injustice as is mentioned in ... Part II of the Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland) ; or
any such maladministration or failure as is mentioned in Part 3 of the Local Government Act 1974 (Local Commissioners), or
a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005 or the Public Services Ombudsman (Wales) Act 2019,
The officer designated under subsection (1) above by a relevant authority to which this subsection applies may not be the head of that authority’s paid service.
It shall be the duty of a relevant authority’s monitoring officer—
in preparing a report under this section to consult so far as practicable with—
in the case of a relevant authority which is the council of a county or county borough in Wales, the person who is for the time being the authority’s chief executive and with their chief finance officer;
in the case of a relevant authority which is a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive and with their chief finance officer;
in the case of any other relevant authority, the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer;
as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent—
in the case of an elected local policing body, to the body and to the police and crime panel for the body's police area; and
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, to the authority and to the police and crime panel for the police area—
which corresponds to the authority's area, or
within which the area of the authority falls;
in the case of the London Fire Commissioner, to the Commissioner;
in any other case, to each member of the authority and, in a case where the relevant authority have a mayor and council manager executive, to the council manager of the authority.
Subsection (1A) above applies to the following relevant authorities in England ...—
a county council,
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a district council,
a London borough council,
the Greater London Authority, and
the Common Council of the City of London in its capacity as a local authority, police authority or port health authority.
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any police committee the members of which include persons appointed by the authority;
any local fisheries committee the members of which include persons so appointed;
any National Parks Committee the members of which include persons so appointed; and
any sub-committee appointed by a committee falling within paragraphs (a) to (c) above;
The officer designated under subsection (1)(a) above by a relevant authority which is the council of a county or county borough in Wales may not be the authority's chief executive.
It shall be the duty of a relevant authority and of any IFC authority falling within paragraph (a) of subsection (3A) above and of any such committee as is mentioned in subsection (4) above— and nothing in section 101 of the Local Government Act 1972 or in section 56 of ... the Local Government (Scotland) Act 1973 (delegation) shall apply to the duty imposed by virtue of paragraph (a) above.
to consider any report under this section by a monitoring officer or his deputy—
in the case of an elected local policing body, no later than three months after the body is sent a copy of the report; and
in the case of a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, no later than three months after the authority is sent a copy of the report;
in the case of the London Fire Commissioner, no later than three months after the Commissioner is sent a copy of the report;
in any other case, at a meeting held not more than twenty-one days after copies of the report are first sent to members of the authority or committee; and
without prejudice to any duty imposed by virtue of section 115 of the Local Government Finance Act 1988 (duties in respect of conduct involving contraventions of financial obligations) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report;
The officer designated under subsection (1)(a) above by a relevant authority which is a corporate joint committee may not be the authority’s chief executive.
For the purposes of paragraph (b) of subsection (5) above the implementation of a proposal or decision to which a report under this section relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under paragraph (a) of that subsection is concluded.
In the case of an elected local policing body, the body's chief executive is to be taken to have been designated as the monitoring officer (and, accordingly, subsection (1)(a) does not apply; but references to persons designated under this section include references to the body's chief executive).
The duties of a relevant authority’s monitoring officer under this section shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this section.
In this section and in section 5A—
“charity” means any body, corporate or not, established for charitable purposes;
“member”, in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of its constituent or affiliated trade unions;
“relevant authority” means a regional, islands or district council.
“improvement” includes alteration and enlargement;
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
“initial period” means the period of five years beginningwith the certified date;
subsection (5) (which relates to annual loan charges) shall cease to have effect.
in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (k) of section 21(1) below , a corporate joint committee, an elected local policing body , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 and the London Fire Commissioner; and
in relation to Scotland, means a local authority.
No duty shall arise by virtue of subsection (2)(b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
No duty shall arise by virtue of subsection (2)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 or the Public Services Ombudsman (Wales) Act 2019 in relation to the proposal, decision or omission concerned.
Where a relevant authority are operating executive arrangements, the monitoring officer of the relevant authority shall not make a report under subsection (2) in respect of any proposal, decision or omission unless it is a proposal, decision or omission made otherwise than by or on behalf of the relevant authority’s executive.
The references in subsection (2) above, in relation to a relevant authority in England, to a committee or sub-committee of the authority and to a joint committee on which they are represented shall be taken to include references to— but in relation to any such IFC authority or sub-committee the reference in subsection (3)(b) above to each member of the authority shall have effect as a reference to each member of the IFC authority or, as the case may be, of the IFC authority which appointed the sub-committee.
any inshore fisheries and conservation authority (“IFC authority”) the members of which include persons who are members of the relevant authority, and
any sub-committee appointed by such an authority;
In the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for the discharge of functions) does not apply to the duty imposed by virtue of subsection (5)(a).
Subsection (7) above shall have effect subject to section 82A of the Local Government Act 2000 (monitoring officers: delegation of functions under Part 3 of that Act).
Any reference in this section to the duties of a monitoring officer imposed by this section, or to the duties of a monitoring officer under this section, shall include a reference to the functions which are conferred on a monitoring officer by virtue of Part III of the Local Government Act 2000.
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On and after the commencement day the Common Council shall—
make arrangements for the proper administration of such of its financial affairs as relate to it in its capacity as a local authority, police authority or port health authority, and
secure that one of its officers has responsibility for the administration of those affairs.
Section 17 of the City of London Sewers Act 1897 (functions of the chamberlain of the City of London as regards financial affairs) shall cease to have effect on the commencement day.
On and after the commencement day the person having responsibility for the administration of certain of the financial affairs of the Common Council under subsection (1) above shall—
be a member of one or more of the bodies specified in subsection (5)below; or
be the person who immediately before that day was the chamberlain of the City of London; or
be a person who qualifies by virtue of section 113(2)(b) of the Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned in section 111(2)(a) to (k) of that Act; or
fulfil two or more of those conditions.
On and after the commencement day the person having responsibility for the administration of the financial affairs of a new successor body under section 73 of the Local Government Act 1985 shall—
be a member of one or more of the bodies specified in subsection (5)below; or
be the person who immediately before that day had responsibility for the administration of the financial affairs of the body concerned under the said section 73; or
be a person who qualifies by virtue of section 113(2)(b) of the Local Government Finance Act 1988 (existing office holders) as a person who may be given responsibility for the financial affairs of an authority mentioned insection 111(2)(a) to (k) of that Act; or
fulfil two or more of those conditions.
The bodies referred to in subsections (3)(a) and (4)(a) above are—
the Institute of Chartered Accountants in England and Wales;
the Institute of Chartered Accountants of Scotland;
the Chartered Association of Certified Accountants;
the Chartered Institute of Public Finance and Accountancy;
the Institute of Chartered Accountants in Ireland;
the Chartered Institute of Management Accountants;
any other body of accountants established in the United Kingdom and forthe time being approved by the Secretary of State for the purposes of this section.
The Secretary of State may make regulations containing, as regards the Common Council and any new successor body to which section 73 of the Local Government Act 1985 applies, provisions equivalent to sections 114 to 116 of the Local Government Finance Act 1988 (reports etc.) subject to— and any such regulations 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.
modifications to confine the provisions to the Common Council in its capacity as a local authority, police authority or port health authority; and
any other modifications the Secretary of State thinks fit;
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);
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
Where a relevant authority are operating executive arrangements, the monitoring officer of that authority shall be responsible for performing the duties imposed by this section.
It shall be the duty of the monitoring officer of a relevant authority that is referred to in subsection (1) above, if at any time it appears to him that any proposal, decision or omission, in the course of the discharge of functions of the relevant authority, by or on behalf of the relevant authority’s executive, constitutes, has given rise to or is likely to or would give rise to any of the events referred to in subsection (3), to prepare a report to the executive of the authority with respect to that proposal, decision or omission.
The events referred to for the purposes of subsection (2) are—
a contravention, by the relevant authority’s executive or any person on behalf of the executive, of any enactment or rule of law; or
any such maladministration or failure as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners); or
a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005 or the Public Services Ombudsman (Wales) Act 2019.
No duty shall arise by virtue of subsection (3)(b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.
No duty shall arise by virtue of subsection (3)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 or the Public Services Ombudsman (Wales) Act 2019 in relation to the proposal, decision or omission concerned.
It shall be the duty of an authority’s monitoring officer—
in preparing a report under subsection (2) to consult so far as practicable with the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer or, in the case of a council of a county or county borough in Wales, with the person who is for the time being the authority's chief executive and with their chief finance officer; and
as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority and, where the authority has a mayor and council manager executive, the council manager.
It shall be the duty of the authority’s executive—
to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the executive; and
without prejudice to any duty imposed by virtue of section 115B of the Local Government Finance Act 1988 (duties of executive as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report.
For the purposes of paragraph (b) of subsection (6) above the implementation of a proposal or decision to which a report under this section, by a monitoring officer or his deputy, relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under paragraph (a) of that subsection is concluded.
As soon as practicable after the executive has concluded its consideration of the report of the monitoring officer or his deputy, the executive shall prepare a report which specifies—
what action (if any) the executive has taken in response to the report of the monitoring officer or his deputy;
what action (if any) the executive proposes to take in response to that report and when it proposes to take that action; and
the reasons for taking the action specified in the executive’s report or, as the case may be, for taking no action.
As soon as practicable after the executive has prepared a report under subsection (8), the executive shall arrange for a copy of it to be sent to each member of the authority and the authority’s monitoring officer.
The duties of an authority’s monitoring officer under this section shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this section.
Every appointment of a person to a paid office or employment under— shall be made on merit.
a local authority or parish or community council in England and Wales, ...
a local authority in Scotland,
an elected local policing body,...
a corporate joint committee, or
Subsection (1) above applies to all appointments made by, or by any committee or sub-committee of, a local authority , corporate joint committee or parish or community council, whether made under section 112 of the Local Government Act 1972 or section 64 of the Local Government (Scotland) Act 1973 (appointment of staff) or otherwise, but has effect subject to—
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section 18 of the Fire Services Act 1947 (regulations as to appointment etc. of chief officers and fire brigades);
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section 113 of the Local Government Finance Act 1988 and section 6 above (qualifications of officers responsible for administration of financial affairs of certain authorities);
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sections 39, 40 and 49 to 51 of the Equality Act 2010 (employees and office-holders), so far as relating to disability, and Schedule 8 to that Act (reasonable adjustments for disabled persons) so far as it applies in relation to sections 39 and 49 to 51 of that Act; and
paragraph 1 of Schedule 9 to that Act (occupational requirements), so far as relating to sex, pregnancy and maternity, marriage and civil partnership, gender reassignment or race.
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
The Secretary of State may by regulations require relevant authorities, subject to such variations as may be authorised by the regulations—
to incorporate such provision as may be prescribed by the regulations instanding orders relating to their staff; and
to make or refrain from making such other modifications of any such standing orders as may be so prescribed.
For the purposes of this section standing orders relate to the staff of a relevant authority if they make provision for regulating—
the appointment of persons to paid office or employment under the authority; or
the dismissal of persons holding such office or employment and the taking of other disciplinary action against such persons.
Without prejudice to the generality of subsection (1) above, regulations under this section may require a relevant authority’s standing orders—
so to restrict the manner of exercising the power to take steps for or towards the selection of candidates for interview, or for appointment, as to make it exercisable only by the authority themselves, by a committee orsub-committee of the authority or by particular officers of the authority;
to restrict the power of the authority or any of their committees or sub-committees—
to give directions to persons making appointments on their behalf as to the identity of the individuals to be appointed; or
otherwise to interfere with the making of appointments by such persons;
to require the monitoring officer of the authority to prepare a report tothe authority in respect of every proposed appointment of a person to a politically restricted post;
to require every such report to state whether, in the opinion of the monitoring officer, the proposed appointment can be made— and, if in his opinion it cannot be so made, his reasons; and
without any contravention of any provision made by or under this Part; and
without any matter being taken into account which could not properly be taken into account;
to prohibit the authority or any committee, sub-committee or other person acting on their behalf from dismissing or taking other disciplinary action against a person holding office or employment under the authority except in accordance with recommendations contained in a report made to the authority by an independent person of such a description as is prescribed by the regulations.
Regulations under this section 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; and that provision may include—
provision which, for the purposes of any such restriction as is mentioned in subsection (3) above, makes modifications of any enactment with respect to the delegation of a relevant authority’s functions;
provision which (with or without modifications) applies provisions of section 5 above in relation to any report prepared in consequence of regulations made by virtue of subsection (3)(c) above;
provision specifying the consequences— of any contravention of standing orders made in pursuance of the regulations; and
in relation to any appointment or contract of employment;
in relation to any proceedings on a complaint to an employment tribunal; and
in relation to any expenditure incurred by the authority,
without prejudice to section 191(1) below, special provision in relation to the appointment of persons—
in pursuance of section 9 below;
for the purposes of functions exercised by joint committees on which relevant authorities are represented; and
in pursuance of regulations made under paragraph 6 of Schedule 1 to the Local Government Act 2000 (mayor’s assistant).
In this section “relevant authority”—
in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (e) of section 21(1) below; and
in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
in relation to Wales, means a corporate joint committee;
Nothing in section 7(1) above or in any enactment, standing order or rule of law by virtue of which it is unlawful for a relevant authority or any committee or sub-committee of such an authority to have regard to any person’s political activities or affiliations in determining whether he should be appointed to any paid office or employment under the authority shall apply to the appointment of a person in pursuance of this section.
An appointment is an appointment in pursuance of this section if—
the appointment is made for the purpose of providing assistance, in the discharge of any of their functions as members of a relevant authority, to the members of any political group to which members of the authority belong;
the terms of the appointment comply with subsection (3) below;
the appointment is to one of not more than three posts which a relevant authority have decided to create for the purposes of this section; and
each of those posts falls, under the standing orders of the authority, to be filled from time to time in accordance with the wishes of a political group to which the post has been allocated under those standing orders.
The terms on which any person is appointed to or holds any appointment in pursuance of this section must be such as secure that the annual rate of remuneration for the post is less than the relevant amount and that the appointment terminates at or before the end of—
in the case of a post under an authority in England and Wales, the day in the appropriate year on which the authority hold the meeting which they are required to hold in pursuance of paragraph 1 of Part I of Schedule 12 to the Local Government Act 1972 (annual meeting of principal councils); and
in the case of a post under an authority in Scotland, the first day after the appointment on which a meeting is held in pursuance of the requirement under paragraph 1 of Schedule 7 to the Local Government (Scotland) Act 1973 that a meeting is held within twenty-one days from the date of an election.
For the purposes of subsection (3) above the annual rate of remuneration for a post under a relevant authority is less than the relevant amount if the annual rate of remuneration in respect of the post— 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.
is less than £13,500 or such higher amount as the Secretary of State may by order made by statutory instrument specify; and
where that post is a part time post, would be less than that amount if it were a full time post and carried remuneration at the same rate;
The standing orders of a relevant authority the members of which are divided into different political groups shall, for the purposes of subsection (2)(d) above—
prohibit the making of an appointment to any post allocated to a political group until the authority have allocated a post to each of the groups which qualify for one;
prohibit the allocation of a post to a political group which does not qualify for one; and
prohibit the allocation of more than one post to any one political group.
An order made under subsection (4)(a) above in relation to England or Wales may, instead of specifying an amount, specify a point on a relevant scale specified by the order.
Subject to subsection (7) below, where the members of a relevant authority are divided into different political groups, a group shall qualify for a post if— and it shall be the duty of a relevant authority, before making any allocation for the purposes of this section in a case in which there are groups which would qualify for posts if paragraph (c) above were disregarded, to make such determinations under that paragraph as secure that there are no more nor less than three groups which do qualify for a post.
the membership of that group comprises at least one-tenth of the membership of the authority;
the number of the other groups (if any) which are larger than that group does not exceed two; and
where the number of the other groups which are the same size as or larger than that group exceeds two, the authority have determined that that group should be a group to which a post is allocated;
A “relevant scale” is a scale consisting of points and of amounts corresponding to those points.
Where the members of a relevant authority are divided into political groups only one of which has a membership that comprises one-tenth or more of the membership of the authority— and, in such a case, it shall be the duty of the authority to determine which of the groups with the next largest membership is to qualify for a post before making any allocation for the purposes of this section to the group with the largest membership.
the groups qualifying for a post shall be that group and one other group;and
the other group shall be the one with the next largest membership or, in a case in which there is more than one group with the next largest membership, such one of those groups as may be determined by the authority;
In relation to any time while an order made by virtue of subsection (4A) above is in force, the amount that at that time corresponds to the point specified by the order is to be treated for the purposes of subsection (4)(a) above as specified by the order.
Neither a relevant authority nor any committee or sub-committee of a relevant authority shall exercise any power under— so as to arrange for the discharge of any of the authority’s functions by any person who holds a post under the authority to which he was appointed in pursuance of this section.
section 101 of the Local Government Act 1972 (delegation); or
section 56 of , or Schedule 10 or 20 to, the Local Government (Scotland) Act 1973 (which makes corresponding provision for Scotland), ; or
Part II of the Local Government Act 2000 (arrangements with respect to executives etc.)
No person holding any office or employment under a relevant authority shall be required to work under the direction of a person holding a post to which he was appointed in pursuance of this section except for the purpose of providing that person, or the political group to which his post is allocated, with secretarial or clerical services.
Without prejudice to section 8 above, the Secretary of State may, for the purposes of this section and any standing orders relating to appointments in pursuance of this section, by regulations make provision— and regulations under this section 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.
as to the circumstances in which the members of a relevant authority areto be treated as divided into different political groups;
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 a group;
requiring the question whether a person is or is not a member of apolitical group to be determined in such manner as may be provided for by or under the regulations;
requiring a relevant authority from time to time to review allocations made for the purposes of this section;
specifying the manner in which, and times at which, the wishes of a political group are to be expressed and the consequences of a failure by such a group to express its wishes;
In this section—
“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;
“local authority” includes a corporate joint committee; and
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.
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
subsection (5) (which relates to annual loan charges) shall cease to have effect.
“the relevant works” has the meaning assigned by section102(2)(a) above;
Without prejudice to the operation of the preceding provisions of this section, with respect to—
any contribution in respect of an expense incurred on or after 1st April 1990; and
“housing stock”, in relation to a new town corporation, means—
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
Neither an executive, a committee of an executive or a member of an executive, of a relevant authority, shall exercise any power under— so as to arrange for the discharge of any of the authority’s functions by any person who holds a post under the authority to which he was appointed in pursuance of this section.
sections 14 to 18 of the Local Government Act 2000 (discharge of functions); or
section 101(5) of the Local Government Act 1972 (arrangements for the discharge of functions by local authorities),
An area committee of a relevant authority shall not exercise any power under arrangements made under regulations made under section 18 of the Local Government Act 2000 (discharge of functions by area committees) so as to arrange for the discharge of any of the authority’s functions by any person who holds a post under the authority to which he was appointed in pursuance of this section.
Notwithstanding anything in section 50(4) of the Employment Rights Act 1996 (conditions of time off for public duties), where— it shall be unlawful for the authority to make any payment of remuneration or other payment to that employee in respect of so much (if any)of any time off for that purpose as is in excess of two hundred and eight hours in any one financial year and is time off to which the employee would not be entitled apart from his membership of that council.
a local authority permit an employee of theirs to take time off for the purpose of performing the duties of a member of a relevant council; and
those duties do not include the duties of chairman of the council,
In this section— and subsection (3) of that section (meaning of duties of a member of a body) shall apply for the purposes of this section as it applies for the purposes of that section.
Nothing in section 17 of the Local Government Finance Act 1982 or ... section 101 or 106 of the Local Government (Scotland) Act 1973 (public inspection of accounts etc) shall entitle any person—
to inspect so much of any document as contains personal information about a member of the relevant body’s staff; or
to require any such information to be disclosed in answer to any question.
Information shall be regarded as personal information about a member of the relevant body’s staff if it relates specifically to a particular individual and is available to that body for reasons connected with the fact—
that that individual holds or has held any office or employment under that body; or
that payments or other benefits in respect of any office or employment under any other person are or have been made or provided to that individual by that body.
In this section— and references in this section to a payment made or benefit provided to an individual in respect of any office or employment include references to a payment made or benefit provided to him in respect of his ceasing to hold the office or employment.
in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
This section shall have effect only in relation to—
the inspection of, or of documents relating to, accounts for periods beginning on or after 1st April 1990; and
the disclosure of information in answer to questions about such accounts.
It shall be the duty of a local authority to secure that, so far as practicable, the interests of that authority in any negotiations with respect to the terms and conditions on which persons in local authority employment hold office or are employed are never represented, whether directly or indirectly by, or by persons who include—
a person who is both a member of the authority and in such employment; or
a person who is both a member of the authority and an official or employeeof a trade union whose members include persons in local authority employment.
In this section— and a person shall be treated for the purposes of this section as in local authority employment if he holds any paid office or employment under a local authority or any such paid office or employment under any other person as, by virtue of section 80(1)(a) or section 80C(1) of the Local Government Act 1972 or section 31(1)(a) of the Local Government (Scotland) Act 1973, disqualifies him for membership of any authority.
This section shall come into force at the expiry of the period of two months beginning on the day this Act is passed.
Subject to the following provisions of this section, a person who— shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.
is a member of a committee appointed under a power to which this section applies by a relevant authority and is not a member of that authority;
is a member of a joint committee appointed under such a power by two or more relevant authorities and is not a member of any of those authorities; or
is a member of a sub-committee appointed under such a power by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,
The powers to which this section applies are—
the powers conferred on any relevant authority by subsection (1) of section 102 of the Local Government Act 1972 (ordinary committees, joint committees and sub-committees);
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Nothing in subsection (1) above shall require a person to be treated as a non-voting member of a committee or sub-committee falling within subsection (4) below; but, except— a person who is a member of a sub-committee falling within that subsection shall for all purposes be treated as a non-voting member of that sub-committee unless he is a member of the committee which appointed the sub-committee.
in the case of a sub-committee appointed by a committee falling within paragraph (e) of that subsection; and
in such cases as may be prescribed by regulations made by the Secretary of State,
A committee or sub-committee falls within this subsection if it is—
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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.);
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a committee appointed under section 102(4) of the Local Government Act 1972 (appointment of advisory committees by local authorities);
a committee constituted in accordance with Part I of Schedule 33 to the Education Act 1996 (constitution of appeal committees for admission appeals etc.);
a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;
an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;
a sub-committee appointed by a committee falling within any of paragraphs (b) to (g) above or such a sub-committee as is so prescribed.
a committee of a relevant authority which is the scheme manager (or scheme manager and pension board) of a scheme under section 1 of the Public Service Pensions Act 2013;
Nothing in this section shall prevent the appointment of a person who is not a member of a local authority as a voting member of— where that appointment is required either by directions given by the Secretary of State under section 499 of the Education Act 1996 (power of Secretary of State to direct appointment of members of committees) or pursuant to regulations under subsection (6) of that section.
any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any education functions of the authority,
any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any education functions of the authorities, or
any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,
The Secretary of State may, if it appears to him appropriate to do so inconsequence of the preceding provisions of this section, withdraw any approval given before the coming into force of this section in relation to any arrangements for the purposes of paragraph 1 of Part II of Schedule 1 to the said Act of 1944.
Nothing in this section shall prevent the appointment of a police and crime commissioner as a voting member of—
any committee or sub-committee appointed by a local authority in England wholly or partly for the purposes of discharging functions of a fire and rescue authority,
any joint committee appointed by two or more local authorities in England wholly or partly for the purposes of discharging such functions, or
any sub-committee appointed by any such committee or joint committee wholly or partly for the purposes of discharging such functions.
Where a person is treated by virtue of this section as a non-voting member of any committee, joint committee or sub-committee, he shall not be entitled to vote at any meeting of the committee, joint committee or sub-committee on any question which falls to be decided at that meeting; and the reference in subsection (5) above to a voting member, in relation to any committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection, is a reference to a person who is entitled to vote at any meeting of that committee or sub-committee on any question which falls to be decided at that meeting.
In subsection (5ZA) “local authority” does not include—
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,
a joint authority which is a metropolitan county fire and rescue authority, or
the London Fire Commissioner.
In subsection (3) of section 102 of the Local Government Act 1972, the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities) shall be omitted.
Nothing in this section shall prevent the appointment of a council manager of a local authority, or one other officer of that local authority in his place, as a voting member of a joint committee, or a sub-committee of such a committee, where—
that local authority have a mayor and council manager executive ; and
the joint committee or the sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of that executive.
In this section— “council manager”, “executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000 (arrangements with respect to executives etc.); ... “education functions” has the meaning given by section 579(1) of the Education Act 1996; and ... “relevant authority” means a local authority of any of the descriptions specified in paragraphs (a) to (f) , (h) to (jc) or (n) of section 21(1) below or any parish or community council; and references in this section to voting include references to making use of a casting vote.
“council manager”, “executive”, “executive arrangements” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;
“financial year” means the twelve months ending with 31st March;
Section 15.
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—
to any ordinary committee or ordinary sub-committee of the authority;
to any advisory committee of the authority and to any sub-committee appointed by such an advisory committee; and
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.
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— 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—
The Secretary of State may, for the purposes of sections 15 and 16 of this Act, by regulations make provision— 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.
In sections 15 to 17 of this Act and this Schedule— In this Schedule— References in this paragraph to voting include references to making use of a casting vote.
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.
Section 36.
Sections 56, 58, 62 and 63.
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“prescribed expenditure” has the same meaning as in Part VIII of the 1980 Act; and
“the financial year 1989-90” means the financial year beginning on 1st April 1989 and “the financial year 1990-91” means that beginning on 1st April 1990.
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within the period beginning on 2nd February 1989 and ending on 31st March 1990 a local authority receive any consideration in respect of a disposal or the right to a repayment or payment; and
the disposal occurs or the right to a repayment or payment arises on or after 2nd February 1989; and
if the consideration were received on 1st April 1990, section 61 of this Act would apply in relation to it.
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may make provision by reference to amounts determined by local authorities in respect of particular financial years; and
may require such determinations to be made within such time limits as may be specified in the regulations.
Section 75.
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.
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.
The following, namely— 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. 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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Where benefits or amenities— 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. 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. 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. 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.
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.
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. The authority may carry to the credit of the account— The authority may carry to the debit of the account—
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. 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.
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— 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. 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. An order under this paragraph— 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.
Where a contribution under— 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.
section 259 of the Housing Act 1985 (contributions by Secretary of State towards expenditure on general improvement area); or
section 96 of this Act (contributions by Secretary of State towards expenditure on renewal area),
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. A local housing authority shall supply the Secretary of State with such certificates supporting the information required by him as he may specify.
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. 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. A direction may be given for such period and subject to such conditionsas may be specified in the direction.
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Section 139.
The Local Government Finance Act 1988 shall be amended as mentioned in the following provisions of this Schedule.
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In section 41 (local rating lists) the following subsections shall be inserted after subsection (6)—
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 ”.
Section 44 (occupied hereditaments: supplementary) shall be amended as follows. In subsection (2) the words from “or” to the end shall be omitted. Subsection (3) shall be omitted.
The following section shall be inserted after section 44—
Section 45 (unoccupied hereditaments: liability) shall be amended as follows. In subsection (1)(d) for “description” there shall be substituted “ class ”. The following subsections shall be inserted after subsection (8)—
In section 46 (unoccupied hereditaments: supplementary) in subsection (2) the words from “or” to the end shall be omitted.
The following section shall be inserted after section 46—
Section 47 (discretionary relief) shall be amended as follows. 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 ”. 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 ”.
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. ”
In section 52 (central rating lists) the following subsections shall be inserted after subsection (6)—
Section 53 (contents of central lists) shall be amended as follows. In subsection (1) for “a description” there shall be substituted “ one or more descriptions ”. In subsection (2)(b) for “the” there shall be substituted “ any ”. For subsection (4) there shall be substituted the following subsections—
Section 55 (alteration of lists) shall be amended as follows. In subsection (4) (content of regulations)— In subsection (5) (regulations about appeals), for the words from “about” to “its alteration” there shall be substitutedbetween a valuation officer and another person making a proposal for the alteration of a list— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The following subsection shall be inserted after subsection (7)—
The following section shall be substituted for section 57 (special provision for 1990-95)—
The following section shall be substituted for section 59—
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In section 65 (owners and occupiers) the following subsection shall be inserted after subsection (8)—
Section 67 (interpretation etc.) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The following subsection shall be inserted after subsection (9) (power toshow class of hereditament in central non-domestic rating list)—
The following Schedule shall be inserted after Schedule 4—
Schedule 5 (exemptions) shall be amended as follows. 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 ”. In paragraph 9 (exemption for fish farms) the following shall be inserted after sub-paragraph (4)— After paragraph 18 there shall be inserted—
Schedule 6 shall be amended as follows. In paragraph 1 the words “, and parts of them,” shall be omitted. 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 ”. In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (1)— In paragraph 2, in sub-paragraph (6) for the words from “day the alteration” to the end there shall be substituted “ material day. ” In paragraph 2, the following sub-paragraph shall be inserted after sub-paragraph (6)— In paragraph 2, in sub-paragraph (7) after paragraph (c) there shall be inserted—. In paragraph 2, in sub-paragraph (8) for “description” there shall be substituted “ class ”. In paragraph 2, in sub-paragraph (9) after “(1)” there shall be inserted “ , (1A) or (1B) ”. In paragraph 2, the following sub-paragraphs shall be inserted after sub-paragraph (10)— The following paragraphs shall be inserted after paragraph 2— In paragraph 3(1)— In paragraph 3(2) for “paragraph 2” there shall be substituted “ paragraphs 2 to 2B ”. In paragraph 3, the following sub-paragraphs shall be inserted after sub-paragraph (2)— Paragraph 4 shall be omitted.
Schedule 7 (multipliers) shall be amended as follows. In paragraph 7(1) for the words from “Regulations” to “that” there shall be substituted “ In relation to a relevant financial year the Secretary of State may make regulations providing that ”. In paragraph 8(3) for “section 57” there shall be substituted “ paragraph 7 ”. In paragraph 9(4) (certain orders ineffective unless in force before 1 January) for “January” there shall be substituted “ March ”. In paragraph 10(1) (special authority’s power to set multiplier in substitution) the words “because of a failure to fulfil paragraph 9(2) or (3) above” shall be omitted.
The following Schedule shall be inserted after Schedule 7—
In Schedule 8 (non-domestic rating: pooling) in Part I, in paragraph 2 (non-domestic rating accounts: credits and debits) in sub-paragraph (1)(b) for “regulations made under section 59(2)” there shall be substituted “ section 59 ”.
In Schedule 8 (non-domestic rating: pooling) Part II (non-domestic ratingcontributions) shall be amended as follows. In paragraph 5, at the end of sub-paragraph (1) there shall be added “ and has effect subject to any provision made by virtue of paragraph 6(2A) below ”. In paragraph 6, after sub-paragraph (2) there shall be inserted the following sub-paragraphs—
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In Schedule 9 (administration) paragraph 2 (collection and recovery) shall be amended as follows. The following paragraphs shall be substituted for sub-paragraph (2)(g)—. In sub-paragraph (2)(h) the words from “and” to the end shall beomitted. The following sub-paragraph shall be inserted after sub-paragraph (2)—
In Schedule 9 the following paragraph shall be inserted after paragraph 4—
Paragraph 5 of Schedule 9 (power to require information to be supplied to a valuation officer) shall be amended as follows. In sub-paragraph (1) for the words from “requiring” to the end there shall be substitutedrequesting him to supply to the officer information— After sub-paragraph (1) there shall be inserted— In sub-paragraph (2)—
Paragraph 6 of Schedule 9 (authority’s duty to supply information to valuation officer) shall be amended as follows. In sub-paragraph (1) for “relevant” there shall be substituted “ charging ”, and in consequence sub-paragraph (2) shall be omitted. After sub-paragraph (1) there shall be inserted—
The following paragraphs shall be substituted for paragraph 8 of Schedule 9 (inspection)—
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Section 75 (special levies) shall be amended as follows. In subsection (2) for “Secretary of State” there shall be substituted “ appropriate Minister ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At the end of that section there shall be added the following subsection—
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Section 77 (information) shall be omitted. This paragraph shall not affect the operation of section 77 as regards a case where a notice has been served under it before the coming into force of this paragraph.
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In section 89(4) (use of sums paid into charging authority’s collection fund) for “settlement” there shall be substituted “ the making ”, and consequently in section 89(5) for “settling” there shall be substituted “ making ”.
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The following subsection shall be inserted after subsection (3) of section 114 (functions of chief finance officer)—
In section 118 (power to abolish or modify existing rates), at the end of subsection (1) there shall be added “ and, in the case of an internal drainage board, there shall be disregarded for the purposes of paragraph (b)above any agreement under section 81 of the Land Drainage Act 1976 under which the board have agreed that no drainage rate will be levied on occupiers or owners of certain rateable hereditaments ”. In subsections (2) and (4) of that section for the words “Secretary of State” there shall be substituted “ appropriate Minister ”. At the end of subsection (5) of that section there shall be addedand “the appropriate Minister” means—
The following section shall be inserted after section 139—
Section 140 (separate administration in England and Wales) shall be amended as follows. In subsection (1) after “VII” there shall be inserted “ , and paragraphs 1 to 4 of Schedule 12A below, ”. In subsection (2) the word “and” at the end of paragraph (e) shall be omitted, and after paragraph (f) there shall be insertedand In subsection (3) after “VII” there shall be inserted “ , and paragraphs 1 to 4 of Schedule 12A below, ”.
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Section 143 (orders and regulations) shall be amended as follows. In subsection (2) after “Secretary of State” there shall be inserted “ the Minister of Agriculture, Fisheries and Food ”. In subsection (3) for “(9)” there shall be substituted “ (9B) ”. In subsection (4) the words “57 or” shall be omitted. In subsection (5) after “118 above” there shall be inserted “ otherthan regulations relating to an internal drainage board ”. The following subsections shall be inserted after subsection (9)— In subsection (10) after “118 above” there shall be inserted “ otherthan regulations relating to an internal drainage board ”.
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In section 146 (interpretation) the following subsection shall be inserted after subsection (5)—
Schedule 11 (tribunals) shall be amended as follows. In paragraph 2 (jurisdiction) the following paragraph shall be inserted at the end— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Paragraphs 7, 8, 52, 54, 56 and 66 above shall come into force at the expiry of the period of 2 months beginning on the day this Act is passed. Paragraphs 49(3), 60 and 63 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and The 1988 Act shall be treated as having been enacted with the amendments made by this Schedule, except in so far as the amendments are made by paragraph 12, 57, or 68 above or any of the paragraphs mentioned in sub-paragraph (1) or (2) above.
In this Schedule “the 1988 Act” means the Local Government Finance Act 1988.
Section 145.
In section 1 of the Lands Tribunal Act 1949 (which provides as to, amongst other things, the jurisdiction of the Lands Tribunal for Scotland) after subsection (3B) there shall be inserted the following subsection—
In section 15 of the Local Government (Financial Provisions) (Scotland) Act 1963—
after subsection (2) there shall be inserted the following subsection—; and
in subsection (2A) (regulations about valuation appeals to the Lands Tribunal for Scotland)—
for the word “governing” there shall be substituted the words “ as to ”;
the word “and” between paragraphs (a) and (b) shall be omitted; and
at the end there shall be added the following paragraphs—
In subsection (1) of section 6 of the Valuation and Rating (Scotland) Act 1956 (as certainment of annual and rateable values) for the words “the next following section" there shall be substituted the words “ sections 7 to 7B ”.
In that Act the following section shall be inserted after section 7A—
In section 6 of the Valuation and Rating (Scotland) Act 1956, after subsection (8B) (further provision as to regulations relating to determination of net annual value) there shall be inserted the following subsections—
In section 7 of the Local Government (Scotland) Act 1975 (levying of rates) in subsection (1A) there shall be inserted at the end the words “ ; and references in this subsection to an apportioned value of part residential subjects are references to that part of that value which is shown in the apportionment note as relating to the non-residential use of the subjects, ”.
In section 128 of the Local Government Finance Act 1988 (levying of rates after 1st April 1990)—
in subsection (1)—
for the word “Every” there shall be inserted the words “ Then on-domestic ”; and
after the word “regards” there shall be inserted the words “ different areas and" ”;
after that subsection there shall be inserted the following subsections—; and
subsection (3) shall cease to have effect.
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In the Local Government (Financial Provisions etc.) (Scotland) Act 1962— shall be omitted.
in section 4, subsections (3) and (4), and
the first Schedule,
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In section 40(3) of the Water (Scotland) Act 1980 (which provides as to who is liable for the non-domestic water rate) there shall be inserted at the end the words “or who would be liable to pay those non-domestic rates but for any enactment which exempts the lands and heritages from those rates or by or under which any relief or remission from liability for those rates is given”. The amendment made by sub-paragraph (1) above shall be deemed to have come into force at the same time as paragraph 29 of Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987.
In section 41 of the Water (Scotland) Act 1980 (levy of non-domestic waterrate on certain premises)— The amendments made by sub-paragraph (1) above shall be deemed always to have been in force.
In section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages) after subsection (1) there shall be inserted the following subsection—
In section 40 of the Water (Scotland) Act 1980 (non-domestic water rate)—
in subsection (1), after the word “Act” there shall be inserted the words “ and section 6(1A) of the Local Government (Scotland) Act 1975 (exemption of formula valued premises from non-domestic water rate) ”;
subsection (7) shall be omitted.
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Section 149.
Any reference in this Schedule to a section which is not otherwiseidentified is a reference to that section of the Landlordand Tenant Act 1954, Part II of which relates to security of tenure forbusiness, professional and other tenants.
Subject to the following provisions of this Schedule, section 37 (compensation where order for new tenancy precluded on certain grounds) shall have effect with the amendments set out below. At the beginning of subsection (2) there shall be inserted the words “Subject to subsections (5A) to (5D) of this section”. After subsection (5) there shall be inserted the following subsections— At the end of subsection (8) (definition of “the appropriate multiplier”) there shall be added the words “and different multipliers may be so prescribed in relation to different cases”.
The amendments made by paragraph 2 above do not have effect unless the date which, apart from paragraph 4 below, is relevant for determining the rateable value of the holding under subsection (5) of section 37 is on or after 1st April 1990.
Subject to paragraph 3 above and paragraph 5 below, in any case where— the amendments made by paragraph 2 above shall not have effect and section 37 shall, instead, have effect with the modification specified in sub-paragraph (2) below. The modification referred to in sub-paragraph (1) above is that the date which is relevant for the purposes of determining the rateable value of the holding under subsection (5) of section 37 shall be 31st March 1990 insteadof the date on which the landlord’s notice is given.
In any case where— no notice may be given under paragraph 4(1)(b) above.
paragraph 4(1)(a) above applies, and
on 31st March 1990, the rateable value of the holding could be determined only in accordance with paragraph (c) of subsection (5) of section 37,
Section 160.
Any reference in the following provisions of this Schedule to a sectionis a reference to that section of the Local Government Act1972.
In section 21 (constitution of principal councils in Wales) in subsection(3) after the words “body corporate" there shall be inserted “and,subject to subsection (4) below, shall be known". After subsection (3) of that section there shall be inserted the followingsubsections—
In section 33 (constitution and powers of community council) in subsection(2) after the words “body corporate" there shall be inserted “and,subject to subsection (2A) below, shall be known". After subsection (2) of that section there shall be inserted the followingsubsections—
In section 74 (change of name of county, district etc.) in subsection (3)(notice of change of name) and in subsection (4) (change not to affect rights,liabilities etc.) after the words “this section", in each case, thereshall be inserted “or by virtue of a resolution under section 21(5)above".
In section 76 (change of name of community) in subsection (2) (notice ofchange of name) and in subsection (3) (change not to affect rights,liabilities etc.) after the words “this section", in each case, thereshall be inserted “or by virtue of a resolution under section 33(2B)above".
After section 245 (status of certain districts, parishes and communities)there shall be inserted the following section—
Section 165.
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the entries beginning “house” and “reasonable expense” shall be omitted;
in the entry beginning “occupying tenant” for the words in the second column there shall be substituted “section 207”; and
dwelling-house sections 205 and 207 flat section 207 house in multiple occupation (and flat in multiple occupation) section 345 owner-occupier section 207 person managing section 398 premises section 207 restricted contract section 622 statutory tenant section 622
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Section 266 (power to make closing order as to part of building) shall cease to have effect.
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In section 269 (right of appeal against order), in subsection (2) after the word “premises” there shall be inserted “or part of the premises”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (3) of that section, paragraph (b) and the word “and” immediately preceding it shall be omitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsections (4) and (5) of that section shall cease to have effect.
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In section 273 (demolition orders: cleansing before demolition), in subsection (4) for the word “house” there shall be substituted “ premises ”.
In section 274 (demolition orders: power to permit reconstruction of condemned house), in subsection (1) for the word “house”, in each place where it occurs, there shall be substituted “premises”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Sections 280, 281 and 282 (which relate to the closing etc. of underground rooms) shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After that subsection there shall be inserted the following subsections— In subsection (3) of that section,— After subsection (5) there shall be inserted the following subsections—
In section 291 (method of dealing with land acquired for clearance), in subsection (3) the words “Schedule 11 (rehabilitation orders)” shall be omitted.
In section 294 (extinguishment of public rights of way over land acquired), at the end of subsection (1) there shall be added the words “ as from such date as the Secretary of State in approving the order may direct ”. In subsection (2) of that section for the words from “they may make”onwards there shall be substituted “ an order made by the authority in advance of the purchase and approved by the Secretary of State (whether before or after the purchase) shall extinguish that right as from such date as the Secretary of State in approving the order may direct ”. In subsection (3) of that section— After that subsection there shall be inserted the following subsection—
Section 299 and Schedule 11 (rehabilitation orders in respect of houses in clearance areas) shall cease to have effect.
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In section 301 (retention of houses acquired for clearance), in subsection (1) for the word “houses”, in each place where it occurs, there shall be substituted “ residential buildings ”. In subsection (2) of that section for the word “house”, in each place where it occurs, there shall be substituted “ residential building ”. In subsection (3) of that section for the word “houses”, in each place where it occurs, there shall be substituted “ residential buildings ”. After that subsection there shall be inserted the following subsection—
In section 302 (management and repair of house acquired under s. 300 or retained under s. 301)—
for the word “house”, in each place where it occurs except in paragraph (c), there shall be substituted “ residential building ”; and
in paragraph (c) for the word “house” there shall be substituted “ residential building or any flat in the building ”.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (6) of that section for the word “house”, in each place where it occurs, there shall be substituted “ residential building ”. After subsection (7) of that section there shall be inserted the following subsection—
In section 306 (building becoming listed when acquired by agreement for clearance), in subsection (2), in paragraph (b) for the word “house” there shall be substituted “ residential building (within the meaning of section 289) ”.
In section 309 (recovery of possession of premises for purposes of approved re-development), in subsection (2) for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house ”.
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In section 315 (power of court to order occupier or owner to permit things to be done), in subsection (1)—
in paragraph (a) the words “or person having control” shall be omitted; and
in paragraph (b) for the words “owner or person having control” there shall be substituted “ or owner ”.
In section 318 (power of court to authorise execution of works on unfit premises or for improvement), in subsection (1) for the word “houses” there shall be substituted “ dwelling-houses or houses in multiple occupation or both ”.
In section 319 (powers of entry), in subsection (1) for the words “24 hours” there shall be substituted “ seven days ”. At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.
In section 320 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”. In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.
Section 321 (repair at reasonable expense) shall cease to have effect.
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“dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat; “house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI
the definition of “person having control” shall be omitted; and
“premises”, in relation to a demolition or closing order, means the dwelling-house, house in multiple occupation, building or part of a building in respect of which the closing order or, as the case may be, demolition order is made.
In section 323 (index of defined expressions: Part IX)—
the entries beginning “the full standard”, “general improvement area”, “house”, “land liable to be cleared”, “person having control”, “slum clearance functions”, “slum clearance subsidy” and “year” shall be omitted
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dwelling-house sections 266 and 322 flat section 322 house in multiple occupation section 322 premises section 322
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for the words “A person” there shall be substituted “Where a person is”; and
for the words from “is liable” to the end there shall be substituted “the said section 346(6) shall have effect as if for the words “level 3” there were substituted “level 4”.”
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section 352, in subsection (4) (effect of notice), and
section 372 (power to require execution of works to remedy neglect of management), in subsection (3) (effect of notice),
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in paragraph (a) for the words “considerations set out in subsection (1)” there shall be substituted “requirements set out in subsection (1A)”; and
after paragraph (d) there shall be inserted—.
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the words from “to which” to “management code)” in the first place where they occur, and
paragraph (b) and the word “or” immediately preceding it,
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in paragraph (a) the word “366” shall be omitted;
at the end of paragraph (a) there shall be inserted “or”;
paragraph (c) and the word “or” immediately preceding it shall be omitted; and
in the words following paragraph (c) the words “or order” shall be omitted.
After section 578 (general enactments relating to compulsory purchase etc.apply subject to this Part) there shall be inserted the following section—
Sections 579 to 581 (special provision as regards acquisition of land for clearance, incorporation of enactments relating to mineral rights and acquisition of commons, open spaces etc.) shall cease to have effect.
In section 582 (restriction on recovery of possession after making compulsory purchase order), in subsection (1), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.
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Sections 585 to 595 (which concern site value compensation for unfit houses and related matters and certain other land compensation matters) shall cease to have effect.
Section 598 (disregard of things done to obtain increased compensation) shall cease to have effect.
In section 599 (application of compensation due to another local authority) the words from “section 192” to “beyond repair)” shall be omitted.
In section 600 (powers of entry), in subsection (1) for the words “24 hours”' there shall be substituted “ seven days ”'. At the end of subsection (2) of that section there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.
In section 601 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”. In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.
In section 602 (minor definitions)—
the definition of “house” shall be omitted; and
in paragraph (b) of the definition of “owner” after the word “premises” there shall be inserted “ or part of the premises ”.
For section 603 (index of defined expressions: Part XVII) there shall be substituted the following section—
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For section 605 there shall be substituted the following section—
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In section 608 (acquisition of ancient monuments etc.), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.
In section 610 (power of court to authorise conversion of houses into flats), in subsection (1)—
for the words “a house” there shall be substituted “ any premises ”;
for the word “house”, in each subsequent place where it occurs, there shall be substituted “ premises ”; and
in paragraph (a) for the words “is situated, it” there shall besubstituted “ are situated, they ” and for the words “tenement” and “tenements” there shall be substituted “ dwelling-house ” and “ dwelling-houses ” respectively.
In section 612 (exclusion of Rent Act protection) for the word “house” there shall be substituted “ dwelling-house ”.
“dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2); “house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI; At the end of that section there shall be inserted the following subsection—
In section 624 (index of defined expressions: Part XVIII)—
the entry beginning “house” shall be omitted; and
dwelling-house section 623 flat section 623 flat in multiple occupation section 623 house in multiple occupation section 623
Section 186.
This Schedule applies to a long tenancy of a dwelling-house at a low rent as respects which for the time being the following condition (in this Schedule referred to as “the qualifying condition”) is fulfilled, that is to say, that the circumstances (as respects the property let under the tenancy, the use of that property and all other relevant matters) are such that— For the purpose only of determining whether the qualifying condition is fulfilled with respect to a tenancy, Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) shall have effect with the omission of paragraph 1 (which excludes tenancies entered into before, or pursuant to contracts made before, the coming into force of Part I of that Act). For the purpose only of determining whether the qualifying condition is fulfilled with respect to a tenancy which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house has a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), for paragraph 2(1)(b) and (2) of Schedule 1 to the Housing Act 1988 there shall be substituted—. At any time within the period of twelve months ending on the day preceding the term date, application may be made to the court as respects any long tenancy of a dwelling-house at a low rent, not being at the time of the application a tenancy as respects which the qualifying condition is fulfilled, for an order declaring that the tenancy is not to be treated as a tenancy to which this Schedule applies. Where an application is made under sub-paragraph (3) above— A tenancy to which this Schedule applies is hereinafter referred to as a long residential tenancy. Anything authorised or required to be done under the following provisionsof this Schedule in relation to a long residential tenancy shall, if done before the term date in relation to a long tenancy of a dwelling-house at a low rent, not be treated as invalid by reason only that at the time at which it was done the qualifying condition was not fulfilled as respects the tenancy. In determining for the purposes of any provision of this Schedule whether the property let under a tenancy was let as a separate dwelling, the natureof the property at the time of the creation of the tenancy shall be deemed to have been the same as its nature at the time in relation to which the question arises, and the purpose for which it was let under the tenancy shall be deemed to have been the same as the purpose for which it is or was used at the last-mentioned time. The Secretary of State may by order replace the number in the definition of “I” in sub-paragraph (2A) above and any amount referred to in that sub-paragraph and paragraph 2(4)(b) below by such number or amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This paragraph has effect for the interpretation of certain expressions used in this Schedule. Except where the context otherwise requires, expressions to which a meaning is assigned for the purposes of the 1988 Act or Part I of that Act have the same meaning in this Schedule. The following terms have the same meaning as in the Renting Homes (Wales) Act 2016— In relation to England, “long tenancy” means a tenancy granted for a term of years certain exceeding 21 years, whether or not subsequently extended by act of the parties or by any enactment, but excluding any tenancy which is, or may become, terminable before the end of the term by notice given to the tenant. In relation to Wales, “long tenancy” has the meaning given by paragraph 8 of Schedule 2 to the 2016 Act. A tenancy is “at a low rent” if under the tenancy— Paragraph 2(2) of Schedule 1 to the 1988 Act applies to determine whether the rent under a tenancy falls within sub-paragraph (4) above and Part II of that Schedule applies to determine the rateable value of a dwelling-house for the purposes of that sub-paragraph. “Long residential tenancy” and “qualifying condition” have the meaning assigned by paragraph 1 above and the following expressions shall be construed as follows—
In relation to a dwelling-house in Wales, when a long tenancy not at a low rent— the landlord and the tenant are to be treated as having made a new periodic standard contract in relation to the dwelling-house. The new contract arising under sub-paragraph (1)— Subject to sub-paragraph (2), the new contract has the same terms as the long tenancy immediately before it ended. A new occupation contract does not arise as described in sub-paragraph (1) if the landlord and the contract-holder have made a new occupation contract in relation to the same (or substantially the same) dwelling which has an occupation date falling immediately after the long tenancy ends. If, before or on the occupation date of a new occupation contract arising as described in sub-paragraph (1) or (4)— the obligation is unenforceable or (as the case may be) the notice or document is of no effect. The requirement in section 39(1) of the 2016 Act (provision by landlord of information about the landlord) does not apply in relation to a periodic standard contract arising under sub-paragraph (1).
A tenancy which, immediately before the term date, is a long residential tenancy shall not come to an end on that date except by being terminated under the provisions of this Schedule, and, if not then so terminated, shall subject to those provisions continue until so terminated and, while continuing by virtue of this paragraph, shall be deemed to be a long residential tenancy (notwithstanding any change in circumstances). Sub-paragraph (1) above does not apply in the case of a former 1954 Act tenancy the term date of which falls before 15th January 1999 but if, in the case of such a tenancy,— then, subject to the provisions of this Schedule, the tenancy shall continue until terminated under those provisions and, while continuing by virtue of this paragraph, shall be deemed to be a long residential tenancy (notwithstanding any change in circumstances). Where by virtue of this paragraph a tenancy continues after the term date, the tenancy shall continue at the same rent and in other respects on the same terms as before the term date.
Subject to sub-paragraph (2) below and the provisions of this Schedule as to the annulment of notices in certain cases, the landlord may terminate along residential tenancy by a notice in the prescribed form served on the tenant— In any case where— the effect of the notice shall be to terminate the tenancy at the expiry of the said period of three months and not at any other time. The reference in sub-paragraph (2)(c) above to the date on which the application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of withdrawal or abandonment. In this Schedule “the date of termination”, in relation to a tenancy in respect of which a landlord’s notice is served, means,— A landlord’s notice shall not have effect unless— In the landlord’s notice proposing an assured tenancy of the dwelling-house in England, the landlord may propose terms of the tenancy referred to in sub-paragraph (5)(a) above different from the implied terms; and any reference in the following provisions of this Schedule to the terms of the tenancy specified in the landlord’s notice is a reference to the implied terms or, if the implied terms are varied by virtue of this sub-paragraph, to the implied terms as so varied. A landlord’s notice shall invite the tenant, within the period of two months beginning on the date on which the notice was served, to notify the landlord in writing whether,— and references in this Schedule to an election by the tenant to retain possession are references to his notifying the landlord under this sub-paragraph that he wishes to remain in possession or, as the case may be, that he is not willing to give up possession.
Subject to the following provisions of this paragraph, the grounds mentioned in paragraph 4(5)(b) above are— Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy; and in the application of that Ground in accordance with sub-paragraph (1) above in any other case, paragraph (c) shall be omitted. Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy. Where that Ground applies to any other long residential tenancy in accordance with sub-paragraph (1), it is to apply as if— In its application in accordance with sub-paragraph (1) above, Ground 10 in Schedule 2 to the 1988 Act shall have effect as if, in paragraph (b)— The ground mentioned in sub-paragraph (1)(b) above may not be specified in a landlord’s notice to resume possession unless the landlord is a body to which section 28 of the Leasehold Reform Act 1967 applies and the premises are required for relevant development within the meaning of that section; and on any application by such a body under paragraph 13 below for possession on that ground, a certificate given by a Minister of the Crown as provided by subsection (1) of that section shall be conclusive evidence that the premises are so required. The ground mentioned in sub-paragraph (1)(c) above may not be specified in a landlord’s notice to resume possession if the interest of the landlord,or an interest which is merged in that interest and but for the merger wouldbe the interest of the landlord, was purchased or created after 18th February 1966.
For the purposes of this Schedule, “appropriate tribunal” means—
in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
in relation to a dwelling-house in Wales, a rent assessment committee.
On the date of service of a landlord’s notice proposing an assured tenancy or a periodic standard contract, or at any time between that date and the date of termination, the landlord may serve a notice on the tenant in the prescribed form proposing an interim monthly rent to take effect from a date specified in the notice, being not earlier than the specified date of termination, and to continue while the tenancy is continued by virtue of the preceding provisions of this Schedule. Where a notice has been served under sub-paragraph (1) above,— Where, under sub-paragraph (2) above, the rent specified in a landlord’s notice is referred to the appropriate tribunal, the tribunal shall determine the monthly rent at which, subject to sub-paragraph (4) below, the tribunal consider that the premises let under the tenancy might reasonably be expected to be let on the open market by a willing landlord under a monthly periodic tenancy— Subsections (2), (3A),(4) and (5) of section 14 of the 1988 Act shall apply in relation to a determination of rent under sub-paragraph (3) above as they apply in relation to a determination under that section subject to the modifications in sub-paragraph (5) below; and in this paragraph “rent” shall be construed in accordance with subsection (4) of that section. The modifications of section 14 of the 1988 Act referred to in sub-paragraph (4) above are that in subsection (2), the reference in paragraph (b) to a relevant improvement being carried out shall be construed as a reference to an improvement being carried out during the long residential tenancy and the reference in paragraph (c) to a failure to comply with any term of the tenancy shall be construed as a reference to a failure to comply with any term of the long residential tenancy. Where a reference has been made to an appropriate tribunal under sub-paragraph (2) above, then, the rent determined by the tribunal (subject, in a case where section 14(5) of the 1988 Act applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the date specified in the notice served under sub-paragraph(1) above or, if it is later, the expiry of the period mentioned in paragraph(a) of sub-paragraph (2) above.
Nothing in paragraph 6 above affects the right of the landlord and the tenant to agree the interim monthly rent which is to have effect while the tenancy is continued by virtue of the preceding provisions of this Schedule and the date from which that rent is to take effect; and, in such a case,— Nothing in paragraph 6 above requires the appropriate tribunal to continue with a determination under sub-paragraph (3) of that paragraph— Notwithstanding that a tenancy in respect of which an interim monthly rent has effect in accordance with paragraph 6 above or this paragraph is no longer at a low rent, it shall continue to be regarded as a tenancy at a low rent and, accordingly, shall continue to be a long residential tenancy.
A long residential tenancy may be brought to an end at the term date by not less than one month’s notice in writing given by the tenant to his immediate landlord. A tenancy which is continuing after the term date by virtue of paragraph 3 above may be brought to an end at any time by not less than one month’s notice in writing given by the tenant to his immediate landlord, whether the notice is given before or after the term date of the tenancy. The fact that the landlord has served a landlord’s notice or that there has been an election by the tenant to retain possession shall not prevent the tenant from giving notice under this paragraph terminating the tenancy at a date earlier than the specified date of termination.
Where a long residential tenancy (in this paragraph referred to as “the former tenancy”) is terminated by a landlord’s notice proposing an assured tenancy or a periodic standard contract, then, subject to sub-paragraph (3) below, the tenant shall be entitled to remain in possession of the dwelling-house and his right to possession shall depend upon an assured periodic tenancy or a periodic standard contract arising by virtue of this paragraph. The assured periodic tenancy or periodic standard contract referred to in sub-paragraph (1) above is one— If, at the end of the period of two months beginning on the date of service of the landlord’s notice, the qualifying condition was not fulfilled as respects the tenancy, the tenant shall not be entitled to remain in possession as mentioned in sub-paragraph (1) above unless there has been an election by the tenant to retain possession; and if, at the specified date of termination, the qualifying condition is not fulfilled as respects the tenancy, then, notwithstanding that there has been such an election, the tenant shall not be entitled to remain in possession as mentioned in that sub-paragraph. Any reference in the following provisions of this Schedule to an assured periodic tenancy or a periodic standard contract is a reference to an assured periodic tenancy or a periodic standard contract arising by virtue of this paragraph.
Where a landlord’s notice proposing an assured tenancy or periodic standard contract has been served on the tenant,— Where a tenant’s notice has been served on the landlord under sub-paragraph (1) above—
Where, under sub-paragraph (2) of paragraph 10 above, a tenant’s notice is referred to the appropriate tribunal, the tribunal, having regard only to the contents of the landlord’s notice and the tenant’s notice, shall decide— and where the tribunal decide that there are disputed terms and that there is a dispute as to the rent under the tenancy, they shall make a determination under sub-paragraph (3) below before they make a determination under sub-paragraph (5) below. Where, under paragraph 10(2) above, a tenant’s notice is referred to the appropriate tribunal, any reference in this Schedule to the undisputed terms is a reference to those terms (if any) which— If the appropriate tribunal decide that there are disputed terms, they shall determine whether the terms in the landlord’s notice, the terms in the tenant’s notice, or some other terms, dealing with the same subject matter as the disputed terms are such as, in the tribunal’s opinion, might reasonably be expected to be found in an assured monthly periodic tenancy of the dwelling-house in England (not being an assured shorthold tenancy) , or a periodic standard contract of the dwelling-house in Wales which does not incorporate section 173 (landlord’s notice) of the 2016 Act as a term of the contract — and the tribunal shall, if they consider it appropriate, specify an adjustment of the undisputed terms to take account of the terms so determined and shall, if they consider it appropriate, specify an adjustment of the rent to take account of the terms so determined and, if applicable, so adjusted. In making a determination under sub-paragraph (3) above, or specifying an adjustment of the rent or undisputed terms under that sub-paragraph, there shall be disregarded any effect on the terms or the amount of rent attributable to the granting of a tenancy to a sitting tenant. If the appropriate tribunal decide that there is a dispute as to the rent under the assured periodic tenancy or the periodic standard contract, the tribunal shall determine the monthly rent at which, subject to sub-paragraph (6) below, the tribunal consider that the dwelling-house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy of the dwelling-house in England (not being an assured shorthold tenancy) or a periodic standard contract of the dwelling-house in Wales— Subsections (2), (3A),(4) and (5) of section 14 of the 1988 Act shall apply in relation to a determination of rent under sub-paragraph (5) above as they apply in relation to a determination under that section subject to the modifications in sub-paragraph (7) below; and in this paragraph “rent” shall be construed in accordance with subsection (4)of that section. The modifications of section 14 of the 1988 Act referred to in sub-paragraph (6) above are that in subsection (2), the reference in paragraph (b) to a relevant improvement being carried out shall be construed as a reference to an improvement being carried out during the long residential tenancy and the reference in paragraph (c) to a failure to comply with any term of the tenancy shall be construed as a reference to a failure to comply with any term of the long residential tenancy. Where a reference has been made to the appropriate tribunal under sub-paragraph (2) of paragraph 10 above, then,— with effect from the date on which the assured periodic tenancy or the periodic standard contract takes effect in possession. Where the tribunal has determined the terms of the occupation (including a term relating to rent) of a dwelling-house in Wales, the tribunal may— Nothing in this Schedule affects the right of the landlord and the tenant under the assured periodic tenancy of a dwelling-house in England to vary by agreement any term of the tenancy (including a term relating to rent). Nothing in this Schedule affects the right of the landlord and the contract-holder under the occupation contract of the dwelling-house in Wales to vary by agreement any term of the occupation contract (including a term relating to rent) subject to section 122 of the 2016 Act.
Subsections (2) to (4) of section 41 of the 1988 Act (rent assessment committees: information powers) shall apply where there is a reference to a rent assessment committee under the preceding provisions of this Schedule as they apply where a matter is referred to such a committee under Chapter I or Chapter II of Part I of the 1988 Act. Nothing in paragraph 10 or paragraph 11 above affects the right of the landlord and the tenant to agree any terms (including a term relating to the rent) of the assured periodic tenancy of the dwelling-house in England or of the periodic standard contract of a dwelling-house in Wales subject to section 20 (incorporation and modification of fundamental provisions), section 24 (incorporation and modification of supplementary provisions) and section 28 (additional terms) of the 2016 Act, before the tenancy takes effect in possession (in this sub-paragraph referred to as “the expressly agreed terms”); and, in such case,— Nothing in paragraph 11 above requires a rent assessment committee to continue with a determination under that paragraph— and, where the landlord serves notice as mentioned in paragraph (b) above, then, for the purposes of sub-paragraph (2) of paragraph 10 above, the landlord shall be treated as not having made a reference under paragraph (a)of that sub-paragraph and, accordingly, paragraph (b) of that sub-paragraph shall, subject to sub-paragraph (2) above, have effect for determining rent and other terms of the assured periodic tenancy or the periodic standard contract.
Where a landlord’s notice to resume possession has been served on the tenant and either— the landlord may apply to the court for an order under this paragraph on such of the grounds mentioned in paragraph 5(1) above as may be specified in the notice. The court shall not entertain an application under sub-paragraph (1) above unless the application is made— Where the ground or one of the grounds for claiming possession specified in the landlord’s notice is Ground 6 in Part I of Schedule 2 to the 1988 Act, then, if on an application made under sub-paragraph (1) above the court is satisfied that the landlord has established that ground, the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy. Subject to sub-paragraph (6) below, where the ground or one of the grounds for claiming possession specified in the landlord’s notice is any of Grounds 9 to 15 18 in Part II of Schedule 2 to the 1988 Act or the ground mentioned in paragraph 5(1)(c) above, then, if on an application made under sub-paragraph (1) above the court is satisfied that the landlord has established that ground and that it is reasonable that the landlord should be granted possession, the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy. Part III of Schedule 2 to the 1988 Act shall have effect for supplementing Ground 9 in that Schedule (as that ground applies in relation to this Schedule) as it has effect for supplementing that ground for the purposes of that Act, subject to the modification that in paragraph 3(1), in the words following paragraph (b) the reference to the assured tenancy in question shall be construed as a reference to the long residential tenancy in question. Where the ground or one of the grounds for claiming possession specified in the landlord’s notice is that mentioned in paragraph 5(1)(c) above, the court shall not make the order mentioned in sub-paragraph (4) above on that ground if it is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by making the order than by refusing to make it. Where the ground or one of the grounds for claiming possession specified in the landlord’s notice is that mentioned in paragraph 5(1)(b) above, then, if on an application made under sub-paragraph (1) above the court is satisfied that the landlord has established that ground and is further satisfied— the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy.
Where, in a case falling within sub-paragraph (7) of paragraph 13 above, the court is not satisfied as mentioned in that sub-paragraph but would be satisfied if the date of termination of the tenancy had been such date (in this paragraph referred to as “the postponed date”) as the court may determine, being a date later, but not more than one year later, than the specified date of termination, the court shall, if the landlord so requires, make an order as mentioned in sub-paragraph (2) below. The order referred to in sub-paragraph (1) above is one by which the court specifies the postponed date and orders— Notwithstanding the provisions of paragraph 13 above and the preceding provisions of this paragraph and notwithstanding that there has been an election by the tenant to retain possession, if the court is satisfied, at the date of the hearing, that the qualifying condition is not fulfilled as respects the tenancy, the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy. Nothing in paragraph 13 above or the preceding provisions of this paragraph shall prejudice any power of the tenant under paragraph 8 above to terminate the tenancy; and sub-paragraph (2) of that paragraph shall apply where the tenancy is continued by an order under sub-paragraph (2) above as it applies where the tenancy is continued by virtue of paragraph 3 above.
The provisions of this paragraph shall have effect where the landlord is entitled to make an application under sub-paragraph (1) of paragraph 13 above but does not obtain an order under that paragraph or paragraph 14 above. If at the expiration of the period within which an application under paragraph 13(1) above may be made the landlord has not made such an application, the landlord’s notice to resume possession, and anything done in pursuance thereof, shall cease to have effect. If before the expiration of the period mentioned in sub-paragraph (2)above the landlord has made an application under paragraph 13(1) above but the result of the application, at the time when it is finally disposed of, is that no order is made, the landlord’s notice to resume possession shall cease tohave effect. In any case where sub-paragraph (3) above applies, then, if within the period of one month beginning on the date that the application to the courtis finally disposed of the landlord serves on the tenant a landlord’s notice proposing an assured tenancy or periodic standard contract, the earliest date which may be specified in the notice as the date of termination shall, notwithstanding anything in paragraph 4(1)(b) above, be the day following the last day of the period of four months beginning on the date of service of the subsequent notice. The reference in sub-paragraphs (3) and (4) above to the time at which an application is finally disposed of shall be construed as a reference to the earliest time at which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and anytime for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the time of withdrawal or abandonment. A landlord’s notice to resume possession may be withdrawn at any time by notice in writing served on the tenant (without prejudice, however, to the power of the court to make an order as to costs if the notice is withdrawn after the landlord has made an application under paragraph 13(1) above). In any case where sub-paragraph (6) above applies, then, if within the period of one month beginning on the date of withdrawal of the landlord’s notice to resume possession the landlord serves on the tenant a landlord’s notice proposing an assured tenancy or an occupation contract, the earliest date which may be specified in the notice as the date of termination shall, notwithstanding anything in paragraph 4(1)(b) above, be the day following the last day of the period of four months beginning on the date of service of the subsequent notice or the day following the last day of the period of six months beginning on the dateof service of the withdrawn notice, whichever is the later.
Where on the coming to the end of a tenancy at a low rent the person who was the tenant immediately before the coming to an end thereof becomes (whether by grant or by implication of the law) the tenant under another tenancy at a low rent of a dwelling-house which consists of the whole or any part of the property let under the previous tenancy, then, if the previous tenancy was a long tenancy or is deemed by virtue of this paragraph to have been a long tenancy, the new tenancy shall be deemed for the purposes of this Schedule to be a long tenancy, irrespective of its terms. In relation to a tenancy from year to year or other tenancy not granted for a term of years certain, being a tenancy which by virtue of sub-paragraph (1) above is deemed for the purposes of this Schedule to be a long tenancy, the preceding provisions of this Schedule shall have effect subject to the modifications set out below. “term date”, in relation to any such tenancy as is mentioned in paragraph 16(2) below, means the first date after the coming into force of this Schedule on which, apart from this Schedule, the tenancy could have been brought to an end by notice to quit given by the landlord Notwithstanding anything in sub-paragraph (3) of paragraph 3 above, whereby virtue of that paragraph the tenancy is continued after the term date, the provisions of this Schedule as to the termination of a tenancy by notice shall have effect, subject to sub-paragraph (5) below, in substitution for and not in addition to any such provisions included in the terms on which the tenancy had effect before the term date. The minimum period of notice referred to in paragraph 8(1) above shall be one month or such longer period as the tenant would have been required to give to bring the tenancy to an end at the term date. Where the tenancy is not terminated under paragraph 4 or paragraph 8 above at the term date, then, whether or not it would have continued after that date apart from the provisions of this Schedule, it shall be treated for the purposes of those provisions as being continued by virtue of paragraph 3 above.
In any case where, prior to the date of termination of a long residential tenancy, the landlord and the tenant agree for the grant to the tenant of a future tenancy of the whole or part of the property let under the tenancy at a rent other than a low rent and on terms and from a date specified in the agreement, the tenancy shall continue until that date but no longer; and, in such a case, the provisions of this Schedule shall cease to apply in relation to the tenancy with effect from the date of the agreement.
Where under this Schedule any question falls to be determined by the court or the appropriate tribunal by reference to circumstances at a future date, the court or appropriate tribunal shall have regard to all rights, interests and obligations under or relating to the tenancy as they subsist at the time of the determination and to all relevant circumstances as those then subsist and shall assume, except in so far as the contrary is shown, that those rights, interests, obligations and circumstances will continue to subsist unchanged until that future date.
Section 21 of the 1954 Act (meaning of “the landlord” and provisions as to mesne landlords) shall apply in relation to this Schedule as it applies in relation to Part I of that Act but subject to the following modifications— Section 67 of the 1954 Act (mortgagees in possession) applies for the purposes of this Schedule except that for the reference to that Act there shall be substituted a reference to this Schedule. In accordance with sub-paragraph (1) above, Schedule 5 to the 1954 Act shall also apply for the purpose of this Schedule but subject to the following modifications—
Section 16 of the 1954 Act (relief for tenant where landlord proceeding to enforce covenants) shall apply in relation to this Schedule as it applies in relation to Part I of that Act but subject to the following modifications— Section 55 of the 1954 Act (compensation for possession obtained by misrepresentation) shall apply in relation to this Schedule as it applies in relation to Part I of that Act. Section 63 of the 1954 Act (jurisdiction of court for purposes of Parts I and II of the 1954 Act and of Part I of the Landlord andTenant Act 1927) shall apply in relation to this Schedule and section 186 of this Act as it applies in relation to Part I of that Act. Section 65 of the 1954 Act (provisions as to reversions) applies for the purposes of this Schedule except that for any reference to that Act there shall be substituted a reference to this Schedule. Subsection (4) of section 66 of the 1954 Act (service of notices) shall apply in relation to this Schedule as it applies in relation to that Act.
Where this Schedule has effect in relation to a former 1954 Act tenancy the term date of which falls before 15th January 1999, any reference (however expressed) in the preceding provisions of this Schedule to the dwelling-house (or the property) let under the tenancy shall have effect as a reference to the premises qualifying for protection, within the meaning of the 1954 Act. Notwithstanding that at any time section 1 of the 1954 Act does not, and this Schedule does, apply to a former 1954 Act tenancy, any question of what are the premises qualifying for protection or (in that context) what is the tenancy shall be determined for the purposes of this Schedule in accordance with Part I of that Act.
This Schedule shall apply where— as if it were an interest not so belonging. Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of this Schedule, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest. Where an interest belongs to the Duchy of Cornwall, then, for the purposes of this Schedule, such person as the Duke of Cornwall, or other possessor for the time being of the Duchy of Cornwall, appoints shall be deemed to be the owner of the interest.
Section 194.
In section 8 of the Military Lands Act 1892 (provisions as to disbandment of volunteer corps etc.) subsection (3) shall be omitted.
In section 52 of the Small Holdings and Allotments Act 1908 (borrowing powers and expenses) subsection (3) shall be omitted.
In section 4 of the Prevention of Corruption Act 1916 (short title and interpretation), at the end of subsection (2) (meaning of “public body”) there shall be added “ and companies which, in accordance with Part V of the Local Government and Housing Act 1989, are under the control of one or more local authorities ”.
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In Schedule 1 to the Sexual Offences Act 1956 (rightsof landlord where tenant convicted of permitting use of premises as a brothel) at the end of paragraph 5 there shall be added “ Part I of the Housing Act 1988 and Schedule 10 to the Local Government and Housing Act 1989 ”.
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in subsection (3) for the words “Part IX of the said Act of 1933” there shall be substituted “section 43 of the Local Government and Housing Act 1989 (borrowing powers)”; and
in subsection (5) for the words “section 197 of the Local Government Act 1933” there shall be substituted “section 47 of the Local Government and Housing Act 1989 (security for money borrowed)”.
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In section 3 of the Leasehold Reform Act 1967 (meaning of “long tenancy”), in subsection (5) after “1954” there shall be inserted “ under Schedule 10 to the Local Government and Housing Act 1989 ”.
In section 9 of that Act (purchase price and costs of enfranchisement, and tenant’s right to withdraw), in subsection (1A), in paragraph (b) after the word “premises” there shall be inserted—.
In section 16 of that Act (exclusion of further rights after extension of lease) after subsection (1A) there shall be inserted the following subsection—
In section 22 of that Act (validity of tenants’ notices, effect on the 1954 Act and on notices to quit etc. and procedure generally), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—.
In section 37 of that Act (interpretation of Part I), in subsection (2)—
after “1954” there shall be inserted “ or paragraph 16(2) of Schedule 10 to the Local Government and Housing Act 1989 ”;
for the words “that Act”, in the first place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the said Schedule 10 ”;
for the words “that Act”, in the second place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the coming into force of the said Schedule 10 ”; and
for the words “that Act”, in the third place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the said Schedule 10 ”.
In Schedule 3 to that Act (validity of tenants’ notices, effect on the1954 Act etc. and procedure generally), in paragraph 1, in sub-paragraph (1)after “1954” there shall be inserted “ or paragraph 17 of Schedule 10 to the Local Government and Housing Act 1989 ”. In paragraph 2 of that Schedule— The reference in sub-paragraph (2) above to section 16(2) of, and paragraph 9 of Schedule 5 to, the Landlord and Tenant Act 1954 includes a reference to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989. The references in this paragraph— include references to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989. In paragraph 10 of that Schedule—
In Schedule 1 to the International Organisations Act 1968 (privileges and immunities) after paragraph 9A there shall be inserted the following paragraph—
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In section 12 of the Transport Act 1968 (borrowing powers of Executive), in subsection (4) for the words from “and to borrow money for that purpose” onwards there shall be substituted “ but only if the rate of interest payable by the Executive to the Authority in respect of the loan is not less than that which would be payable by the Authority if they were to borrow the same sum on equivalent terms (disregarding any terms as to interest) from another person ”.
In section 4 of the Local Authority Social Services Act 1970, after subsection (1) there shall be inserted the following subsection—
In section 5(4) of that Act for the words “section 4(2)” there shall be substituted “ subsection (1A) or subsection (2) of section 4 ”.
In section 192 of that Act (scope of planning blight provisions), in subsection (1) after paragraph (h) there shall be inserted the following paragraph—.
In section 80 of the Local Government Act 1972 (disqualifications for election and holding office as members of local authority), in subsection (1) after paragraph (a) there shall be inserted the following paragraph—.
In section 94(5)(b) of that Act (allowances not to be treated as pecuniaryinterests), after the word “below" there shall be inserted the words “or under any scheme made by virtue of section 18 of the Local Governmentand Housing Act 1989".
In subsection (6) of section 97 of that Act (exclusion of disability from speaking and voting by reason of small shareholdings), for “£1,000" there shall be substituted “ £5,000 ”.
In section 100G of that Act (duty of principal councils to publish information), for paragraph (b) of subsection (1) there shall be substituted the following paragraph—
In section 102 of that Act (appointment of committees)—
in paragraph (a) of subsection (1), after “may appoint a committee” there shall be inserted “ or a sub-committee ”;
in subsection (2), for “the appointing committee” there shall be substituted “ the appointing authority or committee (as the case may be) ”;and
after subsection (4) there shall be inserted the following subsection—
Sections 173 and 173A of that Act (attendance allowance and financial loss allowance) shall be amended as follows—
for the words “local authority”, wherever they occur, there shall be substituted “ parish or community council ”;
in subsection (3) of each of those sections, for the word “authority”there shall be substituted “ council ”; and
for the words “body to which this section applies” in subsection (4) of section 173 there shall be substituted “ parish or community council ”.
In section 175 of that Act (allowances for conferences and meetings)—
in subsection (1) (allowances payable), for the words from “allowancesin the nature of” onwards there shall be substitutedallowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit. ;
in subsection (3B) (conferences to which section applies in relation to joint boards and committees), for the words “such body as is mentioned in section 177(1)(d) or (e) below” there shall be substituted the words “ body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities ”.
Section 177 of that Act shall be amended as follows. For subsection (1) (bodies to which sections 173 to 175 apply) there shall be substituted the following subsection— For subsection (2) (meaning of “approved duties”) there shall be substituted the following subsection— In subsection (4) (members not excluded from discussion of allowances),at the end there shall be inserted the words “ or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989 ”.
In section 178(2) of that Act (regulations with respect to allowances), for the words “177 or 177A” there shall be substituted “ or 177 ”.
In sub-paragraphs (1) and (2) of paragraph 41 of Schedule 12 to that Act (recording the minutes of meetings of local authorities), for the word “following” there shall be substituted “ suitable ”; and after sub-paragraph (3) of that paragraph there shall be inserted the followingsub-paragraph—
In section 37 of the Land Compensation Act 1973 (disturbance payments for persons without compensatable interests), insubsection (2), in paragraph (c) for the words from “an owner-occupier’s supplement” onwards there shall be substituted the words “ a payment under section 584A(1) of the Housing Act 1985 (compensation payable in case of closing and demolition orders) ”.
In section 42(6) of that Act, in the definition of “Housing Revenue Account dwelling”, for the words from “Part XIII of the Housing Act 1985)” to the end there shall be substituted the words “ Part VI of the Local Government and Housing Act 1989) ”. This paragraph has effect for years beginning on or after 1st April 1990 and in this sub-paragraph “year” has the same meaning as in Part XIII of the Housing Act 1985 (general financial provisions).
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In section 47 of that Act (allowances for conferences and meetings)—
in subsection (1) (allowances payable), for the words from “allowancesin the nature of” onwards there shall be substitutedallowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit. ;
in subsection (3A) (conferences to which section applies in relation tojoint boards and committees), for the words “such body as is mentioned in section 49(1)(c) or (d) below” there shall be substituted the words “ body which is a joint board, joint authority or other combined body all the membersof which are representatives of local authorities ”.
Section 49 of that Act shall be amended as follows. For subsection (1) (bodies to which sections 46 and 47 apply) there shall be substituted the following subsection— For subsection (2) (meaning of “approved duties”) there shall be substituted the following subsection— In subsection (4) (members not excluded from discussion of allowances), at the end there shall be inserted the words “ or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989 ”.
In sub-paragraph (1) of paragraph 7 of Schedule 7 to that Act (recording the minutes of meetings of local authorities) for the word “following” there shall be substituted the word “ suitable ”; and after sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph—
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In section 23(12) of that Act (triennial reports to Part III authorities) the words “(through the appropriate representative body designated under section 24 below)" shall be omitted and at the end there shall be inserted the words “ and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned ”.
In section 31(3)(a) of that Act (further provisions about reports on investigations), for “(1) or (2A)” there shall be substituted “ (2) or (2C) ”. This paragraph shall not have effect in relation to a report made before the coming into force of section 26 of this Act.
In section 32(1) of that Act (publications enjoying absolute privilege for the purposes of the law of defamation), the following paragraph shall be inserted at the end—
In Schedule 4 to that Act (further provisions about the Commissions)—
in paragraph 6, after “Subject to” there shall be inserted “ section 31(2H) above and ”; and
in paragraph 7, after “Subject to” there shall be inserted “ section 31(2H) above and ”.
At the end of section 131(4) of the Housing Act 1974 (commencement orders, savings) there shall be added the words “ and an order under subsection (3) above may be revoked or varied by a further order under that subsection which may itself contain such savings with respect to the effect of the revocation or variation as appear to the Secretary of State tobe appropriate ”.
In section 4 of the Local Government (Scotland) Act 1975 (valuation appeal committees) after subsection (7) there shall beinserted the following subsection—
In section 29(3)(a) of that Act (further provisions about reports on investigations), for “(1) or (2A)” there shall be substituted “ (2) or (2C) ”. This paragraph shall not have effect in relation to a report made before the coming into force of section 27 of this Act.
In section 30(1) of that Act (publications enjoying absolute privilege for the purposes of the law of defamation), the following paragraph shall be inserted at the end—
In Schedule 4 to that Act (further provisions about the Commissioner) in paragraph 5, at the beginning, there shall be inserted “ Subject to section 29(2H) of this Act, ”.
In section 33 of the Local Government (Miscellaneous Provisions) Act 1976 (restoration or continuation of supply of water, gas or electricity) in subsection (4) for the word “and”, where it first occurs, there shall be substituted “ the sum so recoverable, together with any interest accrued due, shall, until recovered, be a charge on the premises concerned and if ” and at the end of that subsection there shall be inserted the following subsection—
In section 40 of that Act (local authorities not affected by trusts attaching to certain securities issued by them), in subsection (1) after the word “officer” there shall be inserted “ or other person ”.
In section 33 of the Rent (Agriculture) Act 1976 (suspension of condition attached to planning permission), in subsection (2) after the words “let on or subject to” there shall be inserted “ anassured agricultural occupancy, within the meaning of Chapter III of Part I of the Housing Act 1988, or ”.
In Schedule 2 to that Act (meaning of “relevant licence” and “relevant tenancy”), in paragraph 2 (meaning of “relevant tenancy”)after “applies” there shall be inserted “ a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies ”.
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In section 116 of that Act (dwelling subject to statutory tenancy: works to which the tenant is unwilling to consent) in subsection (2) for the words from “paragraph (a)” to “paragraph (b)" there shall be substituted “ any of paragraphs (a) to (c) ”. At the end of subsection (3) of that section there shall be addedor At the end of subsection (5) of that section there shall be added the words “ or, as the case may be, with any condition under section 118(2) of the Local Government and Housing Act 1989 ”.
In section 137 of that Act (effect on sub-tenancy of determination of superior tenancy), in subsection (5) after the words “a protected tenancy” there shall be inserted “ or an assured tenancy, within the meaning of Part I of the Housing Act 1988 ”. In subsection (6) of that section—
In section 8 of the Protection from Eviction Act 1977 (interpretation), in subsection (1) (meaning of “statutorily protected tenancy”) after paragraph (e) there shall be inserted—.
In Schedule A1 to the Education (Scotland) Act 1980, for paragraph 9 there shall be substituted the following paragraph—
In section 98 of the Local Government, Planning and Land Act 1980 (disposal of land at direction of Secretary of State), in subsection (8), at the end of paragraph (b) the word “or” shall be omitted and at the end of paragraph (c) there shall be added—or
In section 100 of that Act (interpretation and extent of Part X) for subsection (1) there shall be substituted the following subsections—
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In section 77 of the County Courts Act 1984 (appeals: general provisions), in subsection (6) after paragraph (ee) there shall be inserted the following paragraph—.
In section 58(7) of the Rent (Scotland) Act 1984 (power to vary sum of £104 specified in phasing formula under section 58(2)) for the words “the sum specified in” there shall be substituted the words “ or repealing any of the provisions of ”.
In section 8 of the Housing Act 1985 (periodical review of housing needs), in subsection (2) for the words from “inspections” onwards there shall be substituted “ the consideration of the housing conditions in their district under section 605 ”.
In each of sections 47(4) and 48(3A) of that Act (limitation of service charges etc.), after the words “Part XV” there shall be inserted “ of this Act or Part VIII of the Local Government and Housing Act 1989 ”.
In section 54 of that Act (powers of entry), at the end of subsection (2) there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.
In section 55 of that Act (penalty for obstruction), in subsection (1)after the word “offence” there shall be inserted “ intentionally ”. In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.
In section 100 of that Act (power to reimburse cost of secure tenant’s improvements), after subsection (2) there shall be inserted the following subsection—
In section 101 of that Act (rent not to be increased on account of tenant’s improvements), after subsection (1) there shall be inserted the following subsection—
In section 244 of that Act (environmental works), in subsection (3) after the word “works” there shall be inserted “ (a) ”, after the word “grant”, in the last place where it occurs, there shall be inserted “ under Part XV ” and at the end there shall be addedor
In section 255 of that Act (general powers of local housing authority in general improvement areas) after subsection (2) there shall be inserted the following subsection—
In section 289 of that Act (declaration of clearance area), subsection (6)shall cease to have effect.
In section 327 of that Act (penalty for occupier causing or permitting overcrowding), in subsection (3)—
for the words “level 1” there shall be substituted “ level 2 ”;and
for “£2” there shall be substituted “ one-tenth of the amount corresponding to that level ”.
In section 331 of that Act (penalty for landlord causing or permitting overcrowding), in subsection (3)—
for the words “level 1” there shall be substituted “ level 2 ”,and
for “£2” there shall be substituted “ one-tenth of the amount corresponding to that level ”.
In section 340 of that Act (powers of entry), at the end of subsection (2) there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.
In section 341 of that Act (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”. In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.
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for the words “level 1” there shall be substituted “level 2”, and
for “£2” there shall be substituted “one-tenth of the amount corresponding to that level”.
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In subsection (1) of section 421 of that Act (housing subsidy), for the words “housing authorities” there shall be substituted the words “ new town corporations and the Development Board for Rural Wales ”. In subsection (2) of that section, for paragraphs (a) and (b) there shall be substituted the words “ to the body’s housing account ”. This paragraph and paragraphs 78 to 84 below have effect for years beginning on or after 1st April 1990 and in this sub-paragraph “year” has the same meaning as in Part XIII of that Act (general financial provisions).
In subsection (1) of section 422 of that Act (calculation of housing subsidy for local housing authorities), for the words “local housing authority” there shall be substituted the words “ new town corporation ”and for the word “authority’s” there shall be substituted the word “ corporation’s ”. In subsection (2) of that section, for the word “authority” there shall be substituted the word “ corporation ”.
In subsection (1) of section 423 of that Act (the base amount), for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ” and for the word “authority” there shall be substituted the word “ corporation ”. In subsection (2) of that section, the words “any description of authority or” shall cease to have effect.
In subsection (1) of section 424 of that Act (the housing costs differential), for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ”. In subsection (2) of that section, for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ”, for the word “authority”, in each place where it occurs, there shall be substituted the word “ corporation ” and for the words “the authority’s Housing Revenue Account” there shall be substituted the words “ the corporation’s housing account ”. For subsection (3) of that section there shall be substituted the following subsection— In subsection (4) of that section, for the words “local housing authorities”, in both places where they occur, there shall be substituted the words “ new town corporations ”.
In subsection (1) of section 425 of that Act (the local contribution differential), for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ”. In subsection (2) of that section, for the words “An authority’s” there shall be substituted the words “ A corporation’s ”, for the word “authority”, in both places where it occurs, there shall be substituted the word “ corporation ”, for the words “Housing Revenue Account” there shall be substituted the words “ housing account ” and for the words “general rate fund” there shall be substituted the words “ general revenue account ”. For subsection (4) of that section there shall be substituted the following subsection— In subsection (5) of that section, for the words “local housing authorities”, in both places where they occur, there shall be substituted the words “ new town corporations ”. In subsection (6) of that section, for the word “authorities” there shall be substituted the words “ corporations ”.
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In section 427(1) of that Act (recoupment of subsidy in certain cases),for the words “local housing authority or other body” there shall be substituted the words “ new town corporation or the Development Board for Rural Wales ” and for the words “the authority or other body” there shall be substituted the words “ that body ”.
In section 427A of that Act (entitlement to subsidy in case of land subject to a management agreement), for the words “local housing authority or other body” there shall be substituted the words “ new town corporationor the Development Board for Rural Wales ” and for the words “that authority or body’s” there shall be substituted the words “ that body’s ”.
In section 582 of that Act (restriction on recovery of possession after making of compulsory purchase order), in subsection (1)(b) for the words “section 243(2) (land in housing action area” there shall be substituted “ section 93(2) of the Local Government and Housing Act 1989 (land in renewal area) ”.
Part VII of the Local Government and Housing Act 1989 (renewal areas)
In Schedule 14 to that Act (the keeping of the Housing Revenue Account), in Part V (other supplementary provisions), in paragraph 8 (contributions in respect of land in general improvement area), after the words “section259” there shall be inserted “ of this Act ”, after the words “general improvement area)” there shall be inserted “ or section 96 of the Local Government and Housing Act 1989 (contributions by Secretary of State towards expenditure on renewal area) ” and after the words “Part II” there shall be inserted “ of this Act ”.
In Schedule 16 to that Act (local authority mortgage interest rates), for paragraph 4 there shall be substituted the following paragraph—
In section 14 of the Landlord and Tenant Act 1985 (leases to which section 11—repairing obligations in short leases—applies: exceptions), in subsection (4) after the words “Rent Act 1977” there shall be inserted “ or paragraph 8 of Schedule 1 to the Housing Act 1988 ”.
In section 20A of that Act (service charges) after the words “HousingAct 1985” there shall be inserted “ or Part VIII of the Local Government and Housing Act 1989 ” and at the end there shall be added the following subsection—
In section 21 of that Act (summary of relevant costs for the purposes of service charges), in subsection (5) after the words “Housing Act 1985” there shall be inserted “ or Part VIII of the Local Government and Housing Act 1989 ”. After subsection (5A) of that section there shall be inserted the following subsection—
In section 4(2)(a) of the Education Act 1986 (definition of “the pooling provisions" for the purposes of sections 2 and 3 of that Act) after “that Schedule” there shall be inserted “ and section 147 of the Local Government and Housing Act 1989 ”.
In section 61(3) of the Housing (Scotland) Act 1987 (application of right to buy to tenants under secure tenancies granted after acquisition by landlord of defective dwelling) for “282(3)” there shall be substituted “ 282(2) or (3) ”.
In section 62(1) of that Act (price at which secure tenant entitled to buy house to be market value less discount) there shall be inserted after “fixed” the words “ as at the date of service of the application to purchase ”.
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In section 25 of the Local Government Act 1988 (consent required for provision of financial assistance etc.) in subsection (1)(b) after the word “power” there shall be inserted “ (whether conferred before or after the passing of this Act) ”.
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In section 16 of the Housing (Scotland) Act1988—
in paragraph (b) (ii) of subsection (1) (tenant under statutory assured tenancy not bound by certain original provisions for rent increases)—
after the words “specified in” there shall be inserted the words “ or fixed by reference to factors specified in ”; and
after the words “there specified” there shall be inserted the words “ , or fixed by reference to factors there specified, ”; and
after that subsection there shall be inserted the following subsection—
In section 24 of that Act—
in subsection (1) (procedure for securing rent increase in assured tenancies)—
for the word “an” there shall be substituted the words “ a statutory ”; and
in each of paragraphs (a) and (b), after the word “was” there shall be inserted the words “ at the time of service of the notice ”.
for the words from “affects” to “tenancy”, where first occurring, there shall be substituted the following—
after the words “specified in” there shall be inserted the words “ ,or fixed by reference to factors specified in, ”;
after the words “there specified” there shall be inserted the words “ , or fixed by reference to factors there specified, ”; and
there shall be inserted at the end the wordsor ; and
after that subsection there shall be inserted the following subsection—
In section 7 of the Housing Act 1988 (orders for possession), in subsection (3) for the words “subsection (6)” there shall be substituted “ subsections (5A) and (6) ”. In subsection (4) of that section for the words “subsection (6)” there shall be substituted “ subsections (5A) and (6) ”. After subsection (5) of that section there shall be inserted the following subsection—
In section 15 of that Act (limited prohibition on assignment etc. without consent), in subsection (3) after the words “which is not a statutory periodic tenancy” there shall be inserted “ or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 ”.
In section 21 of that Act (recovery of possession on expiry or termination of assured shorthold tenancy), in subsection (1)(a) for the words “astatutory periodic tenancy” there shall be substituted “ an assured shorthold periodic tenancy (whether statutory or not) ”.
In section 34 of that Act (new protected tenancies etc. restricted to special cases), in subsection (1) for paragraph (d) there shall be substituted the following paragraph—.
In section 35 of that Act (removal of special regimes for tenancies of housing associations etc.) in subsection (2) for paragraph (d) there shall be substituted the following paragraph— At the beginning of subsection (4) of that section there shall be inserted the words “ Subject to section 38 (4A) below ”.
In section 38 of that Act (transfer of existing tenancies from public to private sector) at the beginning of subsection (3) there shall be inserted “ Subject to subsections (4) and (4A) below ”. In subsection (4) of that section (special provisions for tenancies held of a new town corporation) after the words “Housing Act 1985” there shall be inserted “ and which subsequently ceases to be so held by virtue of a disposal by the Commission for the New Towns made pursuant to a direction under section 37 of the New Towns Act 1981 ”. After subsection (4) of that section there shall be inserted the following subsection—
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at the end of subsection (4) (consent may be subject to conditions) there shall be added the words “and, without prejudice to the generality of the conditions subject to which consent may be given, a condition may be imposed requiring a payment by the new landlord either to the public sector landlord from whom he or, where subsection (3) above applies, a predecessor of his acquired the property or to such other person as may be specified in the consent”; and
in subsection (7) (exempt disposals) in paragraph (b) for the words from “having the right” onwards there shall be substituted “exercising the right to buy it under Part V of the 1985 Act”.
In Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies), in Part I (grounds on which court must order possession), in Ground 6 in the paragraph following paragraph (c)—
after the words “joint tenants”, in the second place where they occur, there shall be inserted “ of the dwelling-house concerned ”;
for the words “of the dwelling-house concerned” there shall be substituted “ or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied ”; and
after the words “earlier assured tenancy”, in the second place where they occur, there shall be inserted “ or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied ”.
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In Schedule 5 to that Act (Housing for Wales), in paragraph 5 (remuneration and allowances), in sub-paragraph (1)—
for the words “Secretary of State” there shall be substituted “ Corporation ”; and
for the word “he” there shall be substituted “ Secretary of State ”.
In Schedule 6 to that Act, in paragraph 9 (amendments of section 15 of Housing Associations Act 1985), in sub-paragraph (2) for “(3)” there shall be substituted “ (2A) ”.
In Schedule 18 to that Act (enactments repealed) at the end of paragraph 4 at the end of that Schedule (scope of repeals of section 80 of the Housing Act 1985) there shall be addedand
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Section 194.
38 and 39 Vict. c. 83. The Local Loans Act 1875. The whole Act. 45 and 46 Vict. c. 50. The Municipal Corporations Act 1882. In Part I of Schedule 9, the entry relating to the Local Loans Act 1875. 48 and 49 Vict. c. 30. The Local Loans Sinking Funds Act 1885. The whole Act. 51 & 52 Vict. c. 25. The Railway and Canal Traffic Act 1888. In section 54, subsections (3) and (4).In section 55, the words from “The term “conservancy authority”” onwards. 55 & 56 Vict. c. 43. The Military Lands Act 1892. Section 8(3). 8 Edw. 7 c. 36. The Small Holdings and Allotments Act 1908. Section 52(3). 9 and 10 Geo. 6 c. 58. The Borrowing (Control and Guarantees) Act 1946. In section 1, in the proviso to subsection (1) the words “(other than a local authority)”. 11 & 12 Geo. 6 c. 26. The Local Government Act 1948. In section 125(2)(d), the words from “section thirty” to “Act) or”. 7 and 8 Eliz. 2 c. 53. The Town and Country Planning Act 1959. Section 27. 1964 c. 9. The Public Works Loans Act 1964. In section 6, in subsection (1) the words from “section 216(1)” to “London Government Act 1939 and”. 1964 c. 48. The Police Act 1964. In section 8, subsection (2). 1968 c. 73. The Transport Act 1968. In section 12, subsection (6) and in subsection (7), in paragraph (b), the words “section 203 of the Local Government Act 1933 and”. 1969 c. 19. The Decimal Currency Act 1969. In Schedule 2, paragraph 14. 1971 c. 78. The Town and Country Planning Act 1971. In section 123, subsection (8). 1972 c. 70. The Local Government Act 1972. In section 68, subsections (6) and (7).Section 123(6).Section 153. Insection 172, the words from the beginning to “their funds, and ”. In Schedule 13, paragraphs 1 to 22 and paragraph 26. 1974 c. 7. The Local Government Act 1974. In Schedule 7, paragraph 12. 1976 c. 57. The Local Government (Miscellaneous Provisions) Act 1976. Section 28. 1980 c. 65. The Local Government, Planning and Land Act 1980. Sections 71 to 80B. Sections 82 to 85. Schedule 12. 1982 c. 32. The Local Government Finance Act 1982. In section 5, subsection (1).In Schedule 5, paragraph 8(3). 1982 c. 41. The Stock Transfer Act 1982. In section 5, subsection (1). 1985 c. 51. The Local Government Act 1985. Sections 70 and 71. In section 74(5), the words from “(including” to “1875)”. Sections 75 and 76. In section 77, in subsection (1), paragraph (a) and in subsection (3), paragraph (c) and the word “and” immediately preceding it. In Schedule 14, paragraph 17 and in paragraph 59(1), paragraphs (c) and (d). 1985 c. 67. The Transport Act 1985. In Schedule 3, paragraph 29. 1985 c. 68. The Housing Act 1985. In section 34, subsection (4B). In section 43, subsection (4B). Section 430. 1986 c. 10. The Local Government Act 1986. Section 8. 1986 c. 31. The Airports Act 1986. In section 21, subsections (1) to (3) and in subsection (4) the words from the beginning to “1980; and”. In section 22, subsections (1) to (4). Section 71. 1987 c. 6. The Local Government Finance Act 1987. In Schedule 1, paragraphs 7 and 8. 1987 c. 44. The Local Government Act 1987. Section 1.The Schedule. 1988 c. 4. The Norfolk and Suffolk Broads Act 1988. In section 14(14), the words from “section 34” to “1875 and”. In Schedule 6, paragraph 21. 1988 c. 40. The Education Reform Act 1988. In section 177, subsection (4).In section 190, in subsection (5), paragraph (b) and the word “and” immediately preceding it. In section 201, insubsection (5), paragraph (b) and the word “and” immediately preceding it. In Schedule 12, paragraphs 47 and 48. 1988 c. 41. The Local Government Finance Act 1988. Sections 130 to 132. 1988 c. 50. The Housing Act 1988. Section 129(5)(a). In section 132, subsections (4) and (5).Section 136.
1897 c. cxxxiii. The City of London Sewers Act 1897. Section 17. 15 & 16 Geo 6 & 1 Eliz. 2. c. 54. The Town Development Act 1952. The whole Act. 4 and 5 Eliz. 2. c. 60. The Valuation and Rating (Scotland) Act 1956. Section 22(4). 9 & 10 Eliz. 2. c. 33. The Land Compensation Act 1961. Section 10. Schedule 2. 10 & 11 Eliz. 2. c. 9. The Local Government (Financial Provisions etc.) (Scotland) Act 1962. In section 4, subsections (3) and (4). The first Schedule. 10 & 11 Eliz. 2. c. 38. The Town and Country Planning Act 1962. In Schedule 12, the entry relating to the Town Development Act 1952. 1968 c. 72. The Town and Country Planning Act 1968. Section 99. 1971 c. 78. The Town and Country Planning Act 1971. In Schedule 23, the entry relating to the Town Development Act 1952. 1972 c. 70. The Local Government Act 1972. In section 80, in subsection (1)(a), the words “joint board, joint authority or”. In section 101, in subsection (6), the words “or borrowing money”.In section 102(3), the words from “but at least”onwards. Section 110.In section 137, subsections (2A), (2B), (2C)(a) and (8).Insection 177, subsection (2A) and in subsection (3), the words “ (but not for the purposes of subsection (2A) above)”, and subsection (5). Section 177A. In section 178, in subsection (1), the words “and 177A”.Section 185. Section 265A(1)(g). Schedule 18. 1973 c. 26. The Land Compensation Act 1973. In section 29, in subsection (1), in paragraph (b), the words from “or the service” onwards and in subsection (7), in paragraph (c), the words “211, 264 or” and the words from “(undertaking” onwards. In section 37, in subsection (1), in paragraph (b), the words from “or the service”onwards and in subsection (2), paragraph (b)(ii). Section 39(1)(d). In section 73, subsections (4) and (5). 1973 c. 37. The Water Act 1973. In Schedule 8, paragraphs 64 and 65. 1973 c. 65. The Local Government (Scotland) Act 1973. In section 31(1)(a)(ii), the words “or joint board”. Sections 45 and 45A. Section 49(1A). Section 49A. In section 57(3), the words from “but at least” onwards. Section 110A(2). In section 111(1), paragraphs (a), (b) and (d).In section 161(6), the words from “but at least” onwards. In Schedule 10, paragraph 11. In Schedule 20, paragraph 10. 1974 c. 7. The Local Government Act 1974. In section 23, in subsections (4), (5) and (6) the word “Local” and in subsection (12), the words “(through the appropriate representative body designated under section 24 below)”. Section 24. In section 25(4)(b), the words from “or section 110” to “authorities)”. In section 34(1), the definition of “representative body”. 1974 c. 44. The Housing Act 1974. In Schedule 13, paragraphs 38(1)(a) and 39(1)(a) and in paragraph 40(1) the words from “and at the end of that paragraph” onwards. 1975 c. 30. The Local Government (Scotland) Act 1975. In Schedule 6, in Part II, paragraph 46. 1975 c. 76. The Local Land Charges Act 1975. In section 9, in subsection (2), the words from the beginning to “in writing, and”. 1976 c. 74. The Race Relations Act 1976. In section 47, in subsection (1)(c), the words following “field of housing”, and in subsections (1)(d) and (3A), the word “rented”. 1979 c. 55. The Justices of the Peace Act 1979. In section 59, in subsection (1)(a) the words “or this Part”. 1980 c. 20. The Education Act 1980. In Schedule 2, in paragraph 4, the words “173(4) and”. 1980 c. 45. The Water (Scotland) Act 1980. Section 40(7). 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 26(1) to (3). 1981 c. 64. The New Towns Act 1981. Part III. In section 72(1), paragraph (b) and the word “or” immediately preceding it. In Schedule 9, in sub-paragraph (2) of paragraph 3, the words from “but” onwards. 1981 c. 67. The Acquisition of Land Act 1981. In the Table in paragraph 1 of Schedule 4, the entry relating to the Town Development Act 1952. 1983 c. 52. The Local Authorities (Expenditure Powers) Act 1983. The whole Act. 1984 c. 11. The Education (Grants and Awards) Act 1984. In section 1, in subsection (6) the words “or section 2 below” and in subsection (7), the words “or section 2 below” and “in those sections”. Section 2. 1985 c. 5. The New Towns and Urban Development Corporations Act 1985. Sections 3 and 4. In Schedule 2, paragraph 2. In Schedule 3, paragraph 7. 1985 c. 51. The Local Government Act 1985. Section 33.In Schedule 8, paragraphs 8 and 9(2).In Schedule 14, paragraphs 19 and 20. 1985 c. 68. The Housing Act 1985. Section 107. In section 191(3) the words “(repair notice in respect of unfit dwelling-house)”. Section 192. In section 197, in subsection (1), paragraph (c) and the word “or” immediately preceding it. Sections 205 and 206.In section 208, the entries beginning “house” and “reasonable expense”. Sections 209 to 238. Section 266.In section 268, in subsection (1), paragraph (a) and, in paragraph (b), the word “other”. In section 269, in subsection (3), paragraph (b) and the word “and” immediately preceding it; and subsections (4) and (5).In section 279(2) the words “section 266(parts of buildings and underground rooms)”.Sections 280 to 282. Section 289(6). In section 291(3) the words “Schedule 11 (rehabilitation orders)”. Section 299. In section 300, subsection (4). Sections 312 to 314. In section 315(1)(a) the words “or person having control”. Section 321. In section 322 the definition of “person having control”.In section 323, the entries beginning “the full standard”, “general improvement area”, “house”, “land liable to be cleared”, “person having control”, “slum clearance functions”, “slum clearance subsidy” and “year”. In section 346, in subsection (1) paragraph (b) and the word “and” immediately preceding it and in subsections (2) and (3) the words “or building” in each place where they occur. In section 349, in subsection (2)(b) the words “and buildings”. In section 350, in subsection (1) the words “or building” in each place where they occur. Section 352(6). Sections 366 and 367. In section 369, in subsection (3), paragraph (b), in paragraph (c) the words from “and in particular” onwards and paragraph (f); in subsection (5) the words from “as applied” to “a house”. Sections 370 and 371. In section 372(1) the words from “to which” to “management code)”, the word “or” at the end of paragraph (a) and paragraph (b). Section 374. In section 375, in subsection (1) the word “366”. In section 376, in subsection (1) the word “366”, in subsection (3) the words “and to the period for compliance” and subsection (4). In section 377, in subsection (1)(a) the word “366”. In section 378, in subsection (2)(a) the word “366”. Section 379(1)(c), except the word “or”. In section 381, in subsection (4) the words “366, 370”. In section 392, in subsection (5)(a) the word “366”. Sections 417 to 420. In section 423(2), the words “any description of authority or”. In section 434, the entries beginning “general rate fund", “hostel", “houses or other property within the account”, “Housing Repairs Account”, “Housing RevenueAccount” and “loan charges”. In section 459, the entry beginning “Housing Revenue Account”. Sections 460 to 522. Sections 524 to 526. In section 567, in subsection (4), paragraph (c) except for the final “or”, in subsection (5), the words “regulations under subsection (4)(c) or” and subsection (6). In section 569, subsection (5). Sections 579 to 581. In section 582, the words from “section 192” to “beyond repair) or”. Sections 585 to 595. Section 598. In section 599, the words from “section 192” to “beyond repair)”. In section 602, the definition of “house”. In section 608, the words from “section 192” to “beyond repair) or”. In section 624 the entry beginning “house”. In Schedule 10, in paragraph 1,the words “section 214 or 215 (improvement notices)” and the word “366", in paragraph 2(2)(b) the word “366”, paragraph 5 and in paragraph 6, in sub-paragraph (1) the words from “or by an order” to “such expenses” and the words “or of the order" and in sub-paragraphs (2) and (3) the words “or order”; and in paragraph 8(1) the word “366”. Schedule 11. Schedule 12. In Schedule 13, in paragraph 21(4), the word “366” in paragraph (a), the word “or” at the end of paragraph (b), paragraph (c) and the words “or order”. Schedule14. Schedules 22 to 24. 1985 c. 71. The Housing(Consequential Provisions) Act 1985. In Schedule 2, paragraph 4, in paragraph 24, sub-paragraphs (2)(a), (3)(a), (3)(c) and (4)(a) and paragraphs (c) to (f) of sub-paragraph (8) and paragraph 49. 1986 c. 1. The Education (Amendment) Act 1986. Sections 1 and 3. 1986 c. 10. The Local Government Act 1986. Section 11. 1986 c. 50. The Social Security Act 1986. In section 30(10), the words “rate fund”. 1986 c. 63 The Housing and Planning Act 1986. Section 1.Section 15. Section 20. Section 42(1)(d). Schedule 3. In Schedule 5, sub-paragraphs (1) and (5) of paragraph 10. 1987 c. 26. The Housing (Scotland) Act 1987. In section 61(10)(a)(v), the words “in the discretion of the landlord”. Section 80. 1987 c. 47. The Abolition of Domestic Rates Etc. (Scotland) Act 1987. In Schedule 1, paragraph 28(a)(ii) and (iii). 1988 c. 4. The Norfolk and Suffolk Broads Act 1988. In Schedule 6, in paragraph 10, sub-paragraphs (6) and (7). 1988 c. 9. The Local Government Act 1988. In section 25, in subsection (2), in paragraph (d) the words “an improvement notice” and in paragraph (e) the words “of an improvement notice under Part VII of the said Act of 1985 or” and the words “or the acceptance of an undertaking under the said Part VII”. In Schedule 3, paragraphs 7(2) and (3) and 15(a). 1988 c. 41. The Local Government Finance Act 1988. In section 33(4) the word “and” at the end of paragraph (c). In section 35, in subsections (3)(c) and (5)(c) the words “or under subsection (6) below”, and subsections (6) and (7). In section 44, in subsection (2), the words from “or” to the end and subsection (3). In section 46(2), the words from “or” to the end. In section 55(7)(b) the words “at a prescribed rate”. Section 77. In section 98(3)(d) the words “and calculated in a prescribed manner”. In section 99(2)(d) the words “at such rate as may be prescribed”. Section 119. Section 128(2). In section 140(2) the word “and” at the end of paragraph (e). In section 143(4) the words “57 or”. In Schedule 2, in paragraph 2(2)(m), the words from “and” to the end; paragraph 12. In Schedule 6, in paragraph 1 the words “, and parts of them,” and paragraph 4. In Schedule 7, in paragraph 10(1) the words “because of a failure to fulfil paragraph 9(2) or (3) above”. In Schedule 8, paragraphs 9(7), 11(3) and 12(6). In Schedule 9, in paragraph 2(2)(h), the words from “and” to the end; paragraph 6(2). In Schedule 12, paragraphs 16 and 37. 1988 c. 43. The Housing (Scotland) Act 1988. Section 2(6). 1988 c. 50. The Housing Act 1988. In section 103, in subsection (4), at the end of paragraph (d) the word “and”. Section 129(5)(b).Section 130(2) .Section 131. 1989 c. 15. The Water Act 1989. In Schedule 25, paragraph 19 and in paragraph 80(2), the words from “to”, in the first place where it occurs, to “his power”, in the first place where they occur.
The repeal in the City of London Sewers Act 1897 shall have effect on the commencement day, within the meaning of section 6 of this Act.
The repeals in Parts XIII and XIV of the Housing Act 1985, section 30 of the Social Security Act 1986 and section 129 of the Housing Act 1988 shall have effect for years beginning on or after 1st April 1990.
The repeals in Schedule 3 to the Local Government Act 1988 shall have effect in relation to reports made after the coming into force of, in the case of paragraph 7(2) and (3), section 26 and, in the case of paragraph 15(a),section 27 of this Act.
The repeals in the Local Government Finance Act 1988 shall have effect in accordance with Schedule 5 to this Act.
Nothing in this section prevents the appointment of any of the following as a voting member of a committee or sub-committee of a combined authority or combined county authority—
a person who is a member of a constituent council of that authority;
a person who is a non-constituent member of that authority, if that authority has resolved that that person is to be a voting member of that committee or sub-committee.
In subsection (5B)—
Subject to the following provisions of this section, a person who— shall for all purposes be treated as a non-voting member of that committee, joint committee or, as the case may be, sub-committee.
is a member of a committee appointed under subsection (1) of section 57of the Local Government (Scotland) Act 1973 by a relevant authority and is not a member of that authority;
is a member of a joint committee appointed under that subsection by two or more relevant authorities and is not a member of any of those authorities; or
is a member of a sub-committee appointed under that subsection by such a committee as is mentioned in paragraph (a) or (b) above and is not a member of the relevant authority, or one of the relevant authorities, which appointed that committee,
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is a member of an education committee appointed under section 124 of the Local Government (Scotland) Act 1973 by an education authority and is not a member of that authority;
is a member of a joint committee appointed under paragraph 7 of Schedule 10 to that Act by two or more education authorities and is not a member of any of these authorities; or
is a member of a sub-committee appointed under paragraph 8 of that Schedule by an education committee or such a joint committee and is not a member of the education committee or, as the case may be, one of the education authorities which appointed the joint committee,
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is a member of a social work committee appointed under section 2 of the Social Work (Scotland) Act 1968 by a local authority for the purposes of that Act and is not a member of that authority;
is a member of a joint committee appointed under paragraph 6 of Schedule 20 to the Local Government (Scotland) Act 1973 by two or more such authorities and is not a member of any of those authorities; or
is a member of a sub-committee appointed under paragraph 7 of that Schedule by a social work committee or such a joint committee and is not a member of the social work committee or, as the case may be, one of the local authorities which appointed the joint committee,
Nothing in subsection (1) above shall require a person to be treated as a non-voting member of a committee or sub-committee falling within subsection (5) below; but, except— a person who is a member of a sub-committee falling within that subsection shall for all purposes be treated as a non-voting member of that sub-committee unless he is a member of the committee which appointed the sub-committee.
in the case of a sub-committee appointed by a committee falling within paragraph (b) of that subsection; and
in such cases as may be prescribed by regulations made by the Secretary of State,
A committee or sub-committee falls within this subsection if it is—
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.);
a committee appointed under section 57(4) of the Local Government (Scotland) Act 1973 (appointment of advisory committees by local authorities);
a committee constituted in accordance with Schedule A1 to the Education (Scotland) Act 1980 (appeal committees for hearing placing and other appeals);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a committee established exclusively for the purpose of discharging such functions of a relevant authority as may be prescribed by regulations made by the Secretary of State;
a sub-committee appointed by a committee falling within any of paragraphs (a) to (c) or (e) above or such a sub-committee as is so prescribed.
Nothing in this section shall prevent the appointment as a voting member of— of a person such as is mentioned in subsection (4) of the said section 124.
a committee such as is mentioned in subsection (1) of section 124 of the Local Government (Scotland) Act 1973 (committees appointed by education authority); or
a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
any sub-committee of such a committee or joint committee,
Where a person is treated by virtue of this section as a non-voting member of any committee, joint committee or sub-committee, he shall not be entitled to vote at any meeting of the committee, joint committee or sub-committee on any question which falls to be decided at that meeting; and the reference in subsection (6) above to a voting member, in relation to any such committee, joint committee or sub-committee as is mentioned in that subsection, is a reference to a person who is entitled to vote at any meeting of that committee, joint committee or sub-committee on any question which falls to be decided at that meeting.
In the Local Government (Scotland) Act 1973— shall be omitted.
in section 57(3), the words from “but at least” onwards (which require at least two-thirds of certain committees to be members of the appointing authority or authorities);
in section 161(6), the words from “but at least” onwards (which make corresponding provision in relation to a social work committee);
section 124(5);
in Schedule 10, paragraph 11 (which requires at least half of a joint education committee to be members of the appointing authorities);
in Schedule 20, paragraph 10 (which requires at least two-thirds of a joint social work committee to be members of the appointing authorities),
In this section “relevant authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and references in this section to voting include references to making use of a casting vote.
It shall be the duty of a relevant authority having power from time to time to make appointments to a body to which this section applies to review the representation of different political groups on that body—
where the members of the authority are divided into different political groups at the time when this section comes into force, as soon as practicable after that time;
where the authority hold annual meetings in pursuance of paragraph 1 of Part I of Schedule 12 to the Local Government Act 1972 (annual meeting of principal councils) and the members of the authority are divided into different political groups at the time of any such meeting, at or as soon as practicable after the meeting;
where, at the time of the meeting required by paragraph 1 of Schedule 7 to the Local Government (Scotland) Act 1973 to be held in an election year within twenty-one days of the election, the members of the authority are divided into different political groups, at or as soon as practicable after the meeting;
as soon as practicable after any such division as is mentioned in paragraphs (a) to (c) above occurs; and
at such other times as may be prescribed by regulations made by the Secretary of State.
Except in such cases as may be prescribed by regulations made by the Secretary of State, it shall be the duty of every committee of a relevant authority which is a committee having power from time to time to make appointments to a body to which this section applies to review the representation of different political groups on that body—
where the members of the authority are divided into different political groups at the time when this section comes into force, as soon as practicable after that time; and
as soon as practicable after any occasion on which the members of the committee are changed in consequence of a determination under this section.
Where at any time the representation of different political groups on a body to which this section applies falls to be reviewed under this section by any relevant authority or committee of a relevant authority, it shall be the duty of that authority or committee, as soon as practicable after the review, to determine the allocation to the different political groups into which the members of the authority are divided of all the seats which fall to be filled by appointments made from time to time by that authority or committee.
Subject to subsection (6) below, it shall be the duty of a relevant authority or committee of a relevant authority— to make only such determinations as give effect, so far as reasonably practicable, to the principles specified in subsection (5) below.
in performing their duty under subsection (3) above; and
in exercising their power, at times not mentioned in subsection (3) above, to determine the allocation to different political groups of seats on a body to which this section applies,
The principles mentioned in subsection (4) above, in relation to the seats on any body which fall to be filled by appointments made by any relevant authority or committee of a relevant authority, are—
that not all the seats on the body are allocated to the same political group;
that the majority of the seats on the body is allocated to a particular political group if the number of persons belonging to that group is a majority of the authority’s membership;
subject to paragraphs (a) and (b) above, that the number of seats on the ordinary committees of a relevant authority which are allocated to each political group bears the same proportion to the total of all the seats on the ordinary committees of that authority as is borne by the number of members of that group to the membership of the authority; and
subject to paragraphs (a) to (c) above, that the number of the seats on the body which are allocated to each political group bears the same proportion to the number of all the seats on that body as is borne by the number of members of that group to the membership of the authority.
Where any relevant authority or committee of a relevant authority are required, in determining the allocation to different political groups of seats on a body to which this section applies, to give effect to the principles specified in subsection (5) above— and for the purposes of this subsection a seat on an advisory committee of a relevant authority or on a sub-committee appointed by such an advisory committee shall not be treated as one which may be so filled unless the authority have determined that it must be so filled.
any seats which, in accordance— are to be or may be filled by the appointment of persons who are not members of the authority shall be taken into account for the purpose of determining how many seats constitute a majority of the seats on a body mentioned in either of those subsections; but
with provision made by virtue of subsection (5) of section 13 above; or
with subsection (6) of section 14 above,
that authority or committee shall, in making that determination, disregard for all other purposes any seats which, in accordance with any such provision, the said subsection (6) or otherwise, are to be or may be so filled;
Schedule 1 to this Act shall have effect for determining the bodies to which this section applies and for the construction of this section and sections 16 and 17 below.
Where any relevant authority or any committee of a relevant authority have determined the allocation to different political groups of the seats on a body to which section 15 above applies, it shall be the duty of that authority or committee so to exercise their power to make appointments to that body as to give effect— to such wishes about who is to be appointed to the seats on that body which are allocated to a particular political group as are expressed by that group.
as soon as practicable after the determination; and
if a vacancy subsequently occurs on that body, as soon as practicable after the occurrence of the vacancy,
Where— then, so long as that person’s seat continues to be allocated to that group, the authority or committee which made the appointment shall act in accordance with the wishes of that group in determining whether and when to terminate the appointment.
any person has been appointed, otherwise than for a fixed term, to a body to which section 15 above applies; and
that appointment was made, in pursuance of subsection (1) above, in accordance with the wishes of a political group,
The proceedings of a body to which section 15 above applies shall not be invalidated by any defect by virtue of this section or that section in the appointment of any person to that body.
This section applies in relation to an allocation of seats to different political groups whether or not that allocation is made in pursuance of any duty under section 15 above.
Subject to subsection (2) below, sections 15 and 16 above shall not apply in relation to appointments by a relevant authority or committee of a relevant authority to any body in so far as different provision is made by arrangements approved by the authority or committee—
in such manner as may be prescribed by regulations made by the Secretary of State; and
without any member of the authority or committee voting against them.
Arrangements approved under subsection (1) above in relation to any body shall not affect any duty imposed by virtue of section 15(1)(c), (d) or (e) or (2) above on a relevant authority or committee to review the representation of different political groups on that body; and, accordingly, such arrangements shall cease to have effect when any such duty arises.
The Secretary of State may, for the purpose of securing what appears to him to be the appropriate representation of different political groups on any sub-committee falling within subsection (4) below, by regulations make such provision as he thinks fit.
The sub-committees that fall within this subsection are those to which appointments may be made by bodies to which section 15 above applies but which are not themselves such bodies.
Without prejudice to the generality of subsection (3) above, regulations under that subsection may contain provision applying, with or without modifications, any provision made by or under section 15 or 16 above, subsections (1) and (2) above or Schedule 1 to this Act.
Subject to subsection (1A), the Secretary of State may by regulations authorise or require any such relevant authority as may be specified or described in the regulations to make a scheme providing for the payment of—
a basic allowance for every member of the authority who is a councillor;
an attendance allowance in relation to the carrying out by any such member of such duties as may be specified in or determined under the regulations; and
a special responsibility allowance for any such member who has such special responsibilities in relation to the authority as may be so specified or determined.
Regulations under this section may also authorise or require a scheme made by a relevant authority under the regulations to include provision for the payment to appointed members of allowances in respect of such losses of earnings and expenses as—
are necessarily sustained or incurred in the carrying out, in connection with their membership of the authority or any committee or sub-committee of the authority, of duties specified in or determined under the regulations; and
are not of a description in respect of which provision is made for an allowance under any of sections 174 to 176 of the Local Government Act 1972 or sections 46 to 48 of the Local Government (Scotland) Act 1973.
In relation to a district council, county council, county borough council or London borough council, subsection (1) above shall have effect with the omission of paragraph (b).
Without prejudice to the generality of the powers conferred by subsections (1) to (2A) above, regulations under this section may contain such provision as the Secretary of State considers appropriate for requiring a scheme made by a relevant authority under the regulations—
to make it a condition of any payment by way of allowance that, in the financial year to which the payment would relate, the aggregate amount which the authority has paid out or is already liable to pay out under the scheme does not exceed such maximum amount as may be specified in or determined under the regulations;
to make provision for different maximum amounts to be applicable, for the purposes of any such condition, in relation to different allowances or in relation to different members or members of different groups;
to make provision in relation to claims which cannot be paid by virtue of any such condition and provision for the payment to members of the authority who are councillors of an amount by way of supplement to the basic allowance where, in any financial year, the aggregate paid out or owing under the scheme is less than an amount specified in or determined under the regulations;
to provide that the amount authorised by virtue of subsection (2) above to be paid by way of allowance in any case shall not exceed such amount as may be so specified or determined;
to contain such provision as may be so specified or determined with respect to the general administration of the scheme, with respect to the manner in which, time within which and forms on which claims for any allowance are to be made and with respect to the information to be provided in support of any such claim;
to contain such provision as may be so specified or determined for avoiding the duplication of payments or of allowances, for determining the bodies by which payments of allowances are to be made and for the apportionment of payments between different bodies.
Regulations under this section may—
prohibit the payment, otherwise than in accordance with sections 174 to176 of the Local Government Act 1972 or sections 46 to 48 of the Local Government (Scotland) Act 1973 or in such other cases as may be specified in the regulations, of any allowance to a member of a relevant authority who is a councillor or to any appointed member of a relevant authority;
impose requirements on a relevant authority with respect to the publication, in the minutes of that authority or otherwise, of the details of amounts paid in pursuance of a scheme made under the regulations;
contain such incidental provision and such supplemental, consequential and transitional provision in connection with the other provisions of the regulations as the Secretary of State considers appropriate.
make provision with respect to the amendment, revocation or replacement of a scheme made by a relevant authority under the regulations; and
Regulations under this section may authorise or require a scheme made by a district council, county council, county borough council or London borough council to include provision for the payment to members of the council of allowances in respect of such expenses of arranging for the care of children or dependants as are necessarily incurred in the carrying out of their duties as members.
In this section “relevant authority” means— and references in this section to an appointed member, in relation to a relevant authority, are references to any person who is a member of the authority without being a councillor or who is a member of one or more of the authority’s committees or sub-committees without being a member of the authority.
a local authority of any of the descriptions specified in any of the paragraphs of section 21(1) below, other than paragraphs (d), (g) and (j), or insection 21(2) below;
any body on which a body which is a relevant authority by virtue of paragraph (a) above is represented and which is designated as a relevant authority for the purposes of this section by regulations made by the Secretary of State; or
any appeal committee so designated which is constituted in accordance with paragraph 2 or 3 of Schedule 33 to the Education Act 1996;
In this section any reference to a councillor includes a reference to a member of the authority concerned who, in accordance with regulations under this section, is to be treated as if he were a councillor.
Regulations under this section may make provision for or in connection with—
enabling district councils, county councils, county borough councils or London borough councils to determine which members of the council are to be entitled to pensions, allowances or gratuities,
treating the basic allowance or the special responsibility allowance as amounts in respect of which such pensions, allowances or gratuities are payable.
Regulations may be made by the Welsh Ministers to make provision for or in connection with—
enabling county councils or county borough councils to determine which members of the council are to be entitled to gratuities,
treating such payments relating to relevant matters (within the meaning of Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013) as may be specified in the regulations as amounts in respect of which such gratuities are payable.
Regulations under this section may make provision for or in connection with requiring a district council, county council, county borough council or London borough council to establish and maintain a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of the council.
Regulations under this section may make provision for or in connection with enabling a panel established by a body specified in the regulations to exercise such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of such district councils, county councils or London borough councils in England as may be specified in the regulations.
Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.
Regulations under subsection (3B) above may include provision—
with respect to the number of persons who may or must be appointed to the panel of a council,
with respect to the persons who may or must be appointed to the panel of a council,
for or in connection with the appointment by councils of joint panels.
Regulations under subsection (3C) may include provision—
with respect to the number of persons who may or must be appointed to a panel mentioned in that subsection,
with respect to the persons who may or must be appointed to such a panel.
Regulations under subsection (3B), (3C) or (3D) may include provision—
for or in connection with enabling a panel mentioned in that subsection to make recommendations to a council on the level of allowances payable to members of the council,
for or in connection with enabling such a panel to make recommendations to a council as to which members of the council are to be entitled to pensions, allowances or gratuities,
which permits different recommendations to be made in relation to different councils or descriptions of council.
In making or operating any scheme authorised or required by regulations under this section, a district council, county council, county borough council or London borough council shall have regard to any guidance for the time being issued by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by regulations require each member of a local authority—
to give a general notice to the proper officer of the authority setting out such information about the member’s direct and indirect pecuniary interests as may be prescribed by the regulations, or stating that he has no such interests; and
from time to time to give to that officer such further notices as may be so prescribed for the purpose of enabling that officer to keep the information provided under the regulations up to date.
Any member of a local authority who— shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
without reasonable excuse fails to comply with the requirements of any regulations under this section; or
in giving a notice in compliance with any such requirement, provides information which he knows to be false or misleading in a material particular or recklessly provides information which is false or misleading in a material particular,
Proceedings for an offence under subsection (2) above shall not be instituted in England and Wales except by or with the consent of the Director of Public Prosecutions.
Neither section 96 of the Local Government Act 1972 (general notice of pecuniary interests) nor section 40 of the Local Government (Scotland) Act 1973 (corresponding provision for Scotland) shall apply in relation to any notice given in pursuance of any regulations under this section; but such regulations may provide—
that the giving of a notice in pursuance of any such regulations shall be deemed to be sufficient disclosure for the purposes of section 94 of the said Act of 1972 (disability of members of authorities for voting on account of interest in contracts etc.) or for the purposes of section 38 of the said Act of 1973; and
that the proper officer of a local authority is to maintain such records of the information contained in notices given to him as may be prescribed by the regulations and is to keep those records open to inspection by members of the public.
A local authority shall not be entitled (whether by means of making it a condition of any appointment or by any other means whatever) to impose any obligations on their members to disclose any interests other than those that they are required to disclose by virtue of section 94 of the Local Government Act 1972, section 38 of the Local Government (Scotland) Act 1973 or any regulations under this section.
Regulations under this section 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.
References in this section to the indirect pecuniary interests of a member of a local authority shall include references to any such interests as, by virtue of any connection between that member or his spouse and any other person, would fall to be disclosed— if the authority were proposing to enter into a contract with that other person.
in the case of a local authority in England and Wales, under section 94 of the Local Government Act 1972; or
in the case of a local authority in Scotland, under section 38 of the Local Government (Scotland) Act 1973,
The Secretary of State may by regulations require relevant authorities, subject to such variations as may be authorised by the regulations—
to incorporate such provision as may be prescribed by the regulations in standing orders for regulating their proceedings and business; and
to make or refrain from making such other modifications of any such standing orders as may be so prescribed.
Without prejudice to the generality of subsection (1) above, regulations under this section may require such standing orders as are mentioned in that subsection to contain provision which, notwithstanding any enactment or the decision of any relevant authority or committee or sub-committee of a relevant authority, authorises persons who are members of such an authority, committee or sub-committee—
to requisition meetings of the authority or of any of their committees or sub-committees;
to require a decision of a committee or sub-committee of the authority to be referred to and reviewed by the authority themselves or by a committee of the authority;
to require that a vote with respect to a matter falling to be decided by the authority or by any of their committees or sub-committees is to be taken in a particular manner.
Regulations under this section 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.
In this section “relevant authority”—
in relation to England and Wales, means a local authority of any of the descriptions specified in paragraphs (a) to (jc) or (n) of section 21(1) below , a corporate joint committee or any parish or community council; and
in relation to Scotland, means a local authority.
Any reference in this Part to a local authority is, in relation to England and Wales, a reference to a body of one of the following descriptions—
a county council;
a district council;
a county borough council;
a London borough council;
the Common Council of the City of London in its capacity as a local authority, police authority or port health authority;
the Council of the Isles of Scilly;
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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);
a joint authority established by Part IV of that Act (fire and rescue services and transport) ...;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any body established pursuant to an order under section 67 of that Act (successors to residuary bodies);
the Broads Authority;
any joint board the constituent members of which consist of any of the bodies specified above; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
a combined authority established under section 103 of that Act;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
a sub-national transport body established under section 102E of the Local Transport Act 2008;
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.
Any reference in this Part to a local authority is, in relation to Scotland, a reference to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or a joint board within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.
In section 7 references to a local authority include a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
In this Part—
the dependents of those persons;
In this item “capital expenditure” means expenditure for capital purposes within the meaning of Part IV of this Act and “excluded expenditure” means expenditure excluded from the obligation in section 41(1) of this Act.
In the application of section 1(1) to a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 by virtue of subsection (1A) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining such an authority.
References in this Part to an officer of a local authority or to a paid office under a local authority do not include references to, or to the office of, the chairman or vice-chairman of the authority (whether referred to as such, as mayor, Lord Mayor, deputy mayor, as Lord Provost or otherwise or a member of any executive of the authority (other than a council manager)).
In the following provisions of this Part references to a local authority include the London Fire Commissioner—
section 7 (all staff to be appointed on merit), and
section 10 (limit on paid leave for local authority duties).
In the application of section 1(1) to the London Fire Commissioner by virtue of subsection (1C) the reference to being or remaining a member of a local authority is to be read as a reference to becoming or remaining the London Fire Commissioner.
Section 23 of the Local Government Act 1974 (constitution and functions of Commissions for Local Administration) shall have effect with the amendments specified in subsections (2) to (4) below.
In subsection (1), at the end, there shall be added the words “ but each of the Commissions may include persons appointed to act as advisers, not exceeding the number appointed to conduct investigations." ”
In subsection (3), after the words “Parliamentary Commissioner” there shall be inserted the words “ or an advisory member" ”.
In subsections (4), (5) and (6) the word “Local” shall be omitted.
Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.
In section 23 of the Local Government Act 1974 (appointment and functions of Commissions for Local Administration) there shall be inserted, after subsection (12), the following subsections—
In section 21 of the Local Government (Scotland) Act 1975 (appointment and functions of Commissioner for Local Administration in Scotland) there shall be inserted, after subsection (4), the following subsection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Anything done before the passing of this Act which corresponds to a thing authorised or required to be done by any provision of the paragraphs 6(2) and (3), 7 and 8 substituted by subsection (1) above and done for the purposes ofsections 78 and 79 of the Local Government Finance Act 1988 shall be treated as validly done under that provision and those sections shall have effect accordingly.
The foregoing provisions shall have effect for the financial years beginning on or after 1st April 1990.
The representative body for England and the representative body for Wales designated under section 24 of the Local Government Act 1974 are hereby dissolved and accordingly that section shall cease to have effect.
After section 23 of that Act there shall be inserted the following section—
In section 31 of the Local Government Act 1974 (action to be taken in relation to adverse reports), the following subsections shall be substituted for subsections (1) to (2A)—
This section shall not have effect in relation to a report made before the coming into force of this section.
In section 29 of the Local Government (Scotland) Act 1975 (action to be taken in relation to adverse reports), the following subsections shall be substituted for subsections (1) to (2A)—
In section 32 of the Local Government (Scotland) Act 1975 (interpretation of provisions about investigations by the Commissioner) the following subsection shall be inserted after subsection (2)—
This section shall not have effect in relation to a report made before the coming into force of this section.
The following section shall be inserted after section 31 of the Local Government Act 1974—
This section shall not have effect in relation to a report made before the coming into force of section 26 above.
The following section shall be inserted after section 29 of the Local Government (Scotland) Act 1975—
This section shall not have effect in relation to a report made before the coming into force of section 27 above.
Before section 34 of the Local Government (Scotland) Act 1973 there shall be inserted the following section—
In section 83 of the Local Government Act 1972 (declaration of acceptance of office) in subsection (1) and subsection (4), for the words “rules under section 42 above” there shall be substituted the words “ an order made by the Secretary of State ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State, for the guidance of members of local authorities, may issue a code of recommended practice as regards the conduct of members of such authorities to be known as the National Code of Local Government Conduct.
The Secretary of State may revise or withdraw a code issued under this section.
The Secretary of State, before issuing, revising or withdrawing a code, shall consult— as appear to him to be appropriate.
as respects England and Wales, such representatives of local government, and
as respects Scotland, such associations of local authorities,
A code shall not be issued unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Where the Secretary of State proposes to revise a code, he shall lay a draft of the proposed alterations before each House of Parliament and—
he shall not make the revision until after the expiration of the period of 40 days beginning with the day on which the draft is laid (or, if copies are laid before each House of Parliament on different days, with the later of those days); and
if within that period either House resolves that the alterations be withdrawn, he shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).
In reckoning any period of 40 days for the purposes of subsection (5) above no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
The form of declaration of acceptance of office under section 83 of the Local Government Act 1972 or section 33A of the Local Government (Scotland) Act 1973 may include an undertaking by the declarant to be guided by the National Code of Local Government Conduct in the performance of his functions.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3) (report only to identify a person if the Local Commissioner thinks it necessary), after the words “shall not” there shall be inserted the words “, except where subsection (3A) below applies,”; and
the following subsection shall be inserted after subsection (3)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3) (report only to identify a person if the Commissioner thinks it necessary), after the words “shall not” there shall be inserted the words “, except where subsection (3A) below applies,”; and
the following subsection shall be inserted after subsection (3)—
Subject to sections 34 and 35 below, the functions of every relevant authority shall include the taking of such steps as they may from time to time consider appropriate for promoting the economic development of their area.
Subject to those sections and without prejudice to any other provision made by or under this Act, those steps may include participation in and the encouragement of, and provision of financial and other assistance for—
the setting up or expansion of any commercial, industrial or public undertaking— and
which is to be or is situated in the authority’s area; or
the setting up or expansion of which appears likely to increase the opportunities for employment of persons living in that area;
the creation or protection of opportunities for employment with any such undertaking or with any commercial, industrial or public undertaking opportunities for employment with which have been or appear likely to be made available to persons living in that area.
For the purposes of this section a relevant authority shall be treated as providing financial assistance to any person if they do or agree to do any of the following, that is to say—
make a grant to that person;
make a loan to that person or provide him with any other form of credit;
guarantee the performance of any of that person’s obligations;
indemnify that person in respect of any liability, loss or damage;
invest in that person’s undertaking, in the case of a body corporate, by acquiring share or loan capital in that body or otherwise;
provide that person with any property, services or other financial benefit (including the remission in whole or in part of any liability or obligation) for no consideration or for a consideration which does not satisfy such conditions as may be specified in regulations made by the Secretary of State;
join with any other person in doing anything falling within paragraphs (a) to (f) above;
enter into such other transaction, in the nature of anything falling within paragraphs (a) to (g) above, as may be specified in regulations made by the Secretary of State.
Regulations under this section 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.
In this section and sections 34 and 35 below—
The powers of a relevant authority by virtue of section 33 above, and their powers by virtue of other enactments, shall not include power, for the promotion of the economic development of their area, to take any such steps as may be specified or described for the purposes of this section in regulations made by the Secretary of State.
Without prejudice to the generality of subsection (1) above, the Secretary of State may by regulations impose such conditions, and such other restrictions, as may be specified in or determined under the regulations on the exercise, for the purpose of promoting the economic development of their area, of any power of a relevant authority by virtue of section 33 above or any other enactment to provide financial assistance to any person.
The Secretary of State may by order made by statutory instrument impose such a financial limit as may be specified in or determined under the order on the following expenditure, that is to say, such expenditure as—
is or is of a description so specified or determined; and
by virtue of section 33 above or any other enactment is incurred in any financial year for the purpose of promoting the economic development of their area by a relevant authority so specified or determined.
A statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under this section 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.
It shall be the duty of a relevant authority, in determining whether and in what manner to incur any expenditure for the purpose of promoting the economic development of their area, to have regard to such guidance with respect to expenditure for that purpose as may have been given by the Secretary of State to that authority, to relevant authorities of a description applicable to that authority or to relevant authorities generally.
It shall be the duty of a relevant authority, before the beginning of each financial year, to determine whether they will take any steps in that year for the promotion of the economic development of their area.
Where under subsection (2) above a relevant authority make a determination in relation to any financial year that they will take steps in that year for the promotion of the economic development of their area, it shall be the duty of that authority, before the beginning of that year—
to prepare a document setting out their proposals as to the steps to be taken and setting out the other matters mentioned in subsection (4) below;
to make that document available—
to such bodies as are representative of commercial or industrial undertakings in their area;
to such of the persons carrying on commercial, industrial and public undertakings in their area as they consider appropriate; and
to such other persons as they think it desirable to consult about the proposals contained in it; and
to consult the persons to whom the document is made available about the proposals contained in it.
The other matters which are required to be set out in the document relating to a relevant authority’s proposals as to the taking of any steps are—
the authority’s proposals as to the expenditure to be incurred by them in taking those steps and as to the extent to which that expenditure is to be capital or revenue expenditure and is to be attributable to different proposals;
the authority’s estimate of any income likely to accrue from the implementation of their proposals; and
what the authority intend the implementation of their proposals to achieve.
Section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised) shall be amended in accordance with subsections (2) to (8) below and, accordingly, after the coming into force of this section, shall have effect as set out in Schedule 2 to this Act.
In subsection (1), after the words “in the interests of” there shall be inserted “ and will bring direct benefit to ”; after the words “incur any expenditure” there shall be inserted “ (a) ” and at the end there shall be added the wordsnor .
After subsection (1) there shall be inserted the following subsection—
Subsections (2A) and (2B) (which relate to the giving of financial assistance to persons carrying on commercial or industrial undertakings) shall cease to have effect and, in subsection (2C), paragraph (a) (which relates to publicity on the promotion of the economic development of the authority’s area) shall also cease to have effect.
In subsection (3) (contributions permitted to charitable and public service funds etc.),—
for the words “as aforesaid” there shall be substituted “ to the following provisions of this section ”;
in paragraph (b) after the words “public service” there shall beinserted “ (whether to the public at large or to any section of it) ”; and
at the end of paragraph (c) there shall be added “ or by such a person or body as is referred to in section 83(3)(c) of the Local Government (Scotland) Act 1973 ”.
In subsection (4) (expenditure not to exceed the product of a 2p rate) for the words following “not exceed” there shall be substitutedthe amount produced by multiplying— ;and subsection (8) (which relates to the computation of a 2p rate) shall cease to have effect.
After subsection (4) there shall be inserted the following subsections—
In subsection (4B) (amounts deductible in determining expenditure under the section) for paragraph (a) there shall be substituted the following paragraph—.
In section 83(3) of the Local Government (Scotland)Act 1973 (contributions permitted to charitable and public service funds etc.), at the end of paragraph (c) there shall be added “ or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972 ”.
After section 137 of the Local Government Act 1972 there shall be inserted the following section—
Section 142 of the Local Government Act 1972 (provision of information, etc.) shall be amended as follows.
There shall be inserted after subsection (2)—
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For financial years beginning on or after 1st April 1990, this Part has effect with respect to the finances of the following authorities (in this Part referred to as “local authorities”)—
a county council;
a district council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);
a joint authority established by Part IV of that Act (police, fire services, civil defence and transport);
a joint or special planning board constituted for a National Park by an order under paragraph 1 or paragraph 3 of Schedule 17 to the Local Government Act 1972;
the Broads Authority;
a combined police authority established by an amalgamation scheme under the Police Act 1964; and
any other body prescribed by regulations under subsection (3) below.
The reference in subsection (1)(d) above to the Common Council of the City of London is a reference to that Council in their capacity as a local authority, a police authority or a port health authority.
The Secretary of State may by regulations prescribe for the purposes of subsection (1)(k) above any body which is (or any class of bodies each of which is)—
a levying body, within the meaning of section 74 of the Local Government Finance Act 1988;
a body to which section 75 of that Act applies (bodies having power to issue special levies);
a body to which section 118 of that Act applies; or
a precepting authority, as defined in section 144(2) of that Act.
Regulations under subsection (3) above may provide that, in relation to a body prescribed by the regulations, the following provisions of this Part shall have effect subject to such modifications as may be specified in the regulations.
For the purposes of the application of this Part, the Secretary of State may by order make provision for treating things done by or to— in such cases and to such extent as may be provided in the order as if they were done by or to the local authority specified or determined in accordance with the order; and, where an order so provides in relation to a local authority, that authority together with any companies and Executive concerned are in subsection (6) below referred to as members of a local authority group.
a company which, in accordance with Part V of this Act, is under the control of a local authority, or
a company which, in accordance with that Part, is for the time being subject to the influence of an authority, or
a trust to which, by virtue of an order under section 72 below, the provisions of section 69 below are applicable, or
a Passenger Transport Executive and any company which, in accordance with that Part, is either under the control or for the time being subject to the influence of such an Executive,
Without prejudice to the generality of subsection (5) above, an order under that subsection—
may provide for the application of the provisions of this Part to the members of a local authority group subject to such modifications as may be specified in the order;
may make provision as to the way in which dealings between members of a local authority group and changes in the capitalisation or capital structure of any company in a local authority group are to be brought into account for the purposes of this Part; and
may contain such incidental, supplementary and transitional provisions as the Secretary of State considers appropriate.
The power to make an order under subsection (5) above—
shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and
may make different provision in relation to different cases or descriptions of case.
This Part has effect in place of the provisions of Part VIII of the Local Government, Planning and Land Act 1980.
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References in this Part to expenditure for capital purposes shall be construed in accordance with this section.
Subject to subsections (5) and (6) below, the following expenditure (relating to tangible assets) is expenditure for capital purposes, namely, expenditure on—
the acquisition, reclamation, enhancement or laying out of land, exclusive of roads, buildings and other structures;
the acquisition, construction, preparation, enhancement or replacement of roads, buildings and other structures; and
the acquisition, installation or replacement of movable or immovable plant, machinery and apparatus and vehicles and vessels.
For the purposes of subsection (2) above, “enhancement”, in relation to any asset, means the carrying out of works which are intended— but expenditure on the enhancement of an asset shall not be regarded as expenditure for capital purposes unless it should be so regarded in accordance with proper practices.
to lengthen substantially the useful life of the asset; or
to increase substantially the open market value of the asset; or
to increase substantially the extent to which the asset can or will be used for the purposes of or in connection with the functions of the local authority concerned;
Subject to subsection (5) below, the following expenditure, in so far as it is not expenditure on approved investments, is expenditure for capital purposes, namely, expenditure on—
the making of advances, grants or other financial assistance to any person towards expenditure incurred or to be incurred by him on the matters mentioned in paragraphs (a) to (c) of subsection (2) above or on the acquisition of investments; and
the acquisition of share capital or loan capital in any body corporate.
The Secretary of State may by regulations provide—
that expenditure which, apart from the provision made by the regulations, would not be expenditure for capital purposes shall be such expenditure; or
that expenditure which, apart from the provision made by the regulations, would be expenditure for capital purposes shall not be such expenditure.
Notwithstanding anything in the preceding provisions of this section, if the Secretary of State so directs, expenditure which— may be treated by the authority concerned as expenditure for capital purposes.
is of a description or for a purpose specified in the direction, and
has been or is to be incurred by a particular local authority, and
does not exceed such amount as is specified in the direction, and
was or will be incurred during a period specified in the direction,
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All expenditure incurred by a local authority, other than expenditure excluded by section 42 below, must be charged to a revenue account of the authority and unless, in accordance with proper practices (exclusive of this subsection), it is appropriate to charge some or all of any particular item of expenditure to a revenue account for an earlier or a later financial year, the expenditure shall be charged to a revenue account of the authority for the year in which it is incurred.
In relation to a local authority, any reference to a revenue account is a reference to one of the following accounts for a financial year of the authority, namely—
a revenue account which the authority are required to keep by virtue of any enactment;
a revenue account which the authority are required to keep in order to comply with proper practices; or
any other revenue account which the authority decide to keep in accordance with proper practices.
The reference in subsection (1) above to expenditure incurred by a local authority in any financial year includes the following (whether or not giving rise to actual payments)— and the reference in subsection (5) below to expenditure incurred by a local authority shall be construed in accordance with this subsection.
any amount which does not form part of the authority’s capital receipts and which is set aside for the year by the authority as provision to meet credit liabilities, otherwise than by virtue of any of subsections (2) to (4) of section 63 below; and
any other amount which is set aside for the year by the authority as reasonably necessary for the purpose of providing for any liability or loss which is likely or certain to be incurred but is uncertain as to the amount or the date on which it will arise (or both);
Subsection (2) above has effect not only for the purposes of this Act but also for the purposes of—
any enactment passed after or in the same Session as this Act; and
any earlier enactment which is amended by this Act or by any such enactment as is referred to in paragraph (a) above.
Nothing in this section or the following provisions of this Part shall permit an authority to charge to a revenue account which they are required to keep by virtue of Part VI of this Act or any other enactment any expenditure incurred by a local authority which could not otherwise be so charged.
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Expenditure falling within subsection (2) below is excluded from the obligation in section 41(1) above but, if it is consistent with proper practices and the authority so wish, any such expenditure may be charged to a revenue account of the authority for the financial year in which it is incurred or an earlier or later financial year.
Subject to subsection (4) below, the expenditure referred to in subsection (1) above is as follows—
expenditure arising from the discharge of any liability of the authority under a credit arrangement, other than an arrangement excluded by regulations under paragraph 11 of Schedule 3 to this Act;
expenditure arising from the discharge of any liability of the authority in respect of money borrowed by the authority, other than a liability in respect of interest;
expenditure which, in reliance on a credit approval, the authority have determined under section 56(1)(a) below is not to be chargeable to a revenue account of the authority;
expenditure on making approved investments;
expenditure consisting of the application or payment of capital receipts as mentioned in subsections (7) to (9) of section 59 below;
expenditure which is met out of the usable part of capital receipts, in accordance with section 60(2) below;
expenditure for capital purposes which the authority determine is, or is to be, reimbursed or met out of money provided, or to be provided, by any other person, excluding grants from a Community institution;
expenditure in respect of payments out of a superannuation fund which the authority are required to keep by virtue of the Superannuation Act 1972; and
expenditure in respect of payments out of a trust fund which is held for charitable purposes and of which the authority are a trustee.
A determination under subsection (2)(g) above may not be made later than 30th September in the financial year following that in which the expenditure in question is incurred.
Regulations made by the Secretary of State may amend subsection (2) above—
by adding a description of expenditure specified in the regulations to the expenditure falling within that subsection; or
by removing a description of expenditure specified in the regulations from the expenditure falling within that subsection (whether the expenditure so specified was within that subsection as originally enacted or was added by virtue of this subsection).
Where, by virtue of subsection (1) above, expenditure of any description is excluded from the obligation in section 41(1) above, it shall also be excluded from any requirement arising under any enactment (including an enactment in Part VI of this Act) under which the expenditure is required to be charged to a revenue account or any particular revenue account; but if— that expenditure may be charged only to that revenue account.
an authority decide that expenditure of that description should be charged to a revenue account as mentioned in subsection (1) above, and
under any such requirement that expenditure (apart from this subsection) would have to be charged to a particular revenue account,
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Subject to the following provisions of this Part, as part of the proper management of their affairs, a local authority may borrow money for any purpose relevant to their functions under any enactment.
Except with the approval of the Secretary of State given with the consent of the Treasury, a local authority may not borrow money in any manner other than— and in paragraph (a) above borrowing “short term” shall be construed in accordance with section 45(6) below.
by overdraft or short term from the Bank of England or from a body or partnership which, at the time the borrowing is undertaken, is an authorised institution within the meaning of the Banking Act 1987; or
from the National Debt Commissioners or from the Public Works Loan Commissioners; or
by means of a loan instrument;
In the exercise of the powers conferred by paragraphs (a) to (c) of subsection (2) above, a local authority may not, without the consent of the Treasury, borrow from a lender outside the United Kingdom or otherwise than in sterling.
Subject to any provision made by regulations under subsection (5) below, for the purposes of this Part, a loan instrument is any document which, directly or by reference to any other document,—
contains an acknowledgment (by the borrower, the lender or both) that a loan has been made to the local authority concerned or that, in connection with the provision of funds to the authority, a payment or repayment is due from the authority; and
states the dates on which the authority are to make payments or repayments; and
states the amount of each of those payments or repayments or the method by which that amount is to be calculated; and
specifies the means, if any, by which the rights or obligations under the instrument are transferable; and
except in the case of an instrument which is transferable by delivery, specifies the name or description of the person to whom payments or repayments are due; and
in the case of an instrument issued by two or more local authorities acting jointly, states what proportion of the payments or repayments due are the responsibility of each of the authorities concerned.
With the consent of the Treasury, the Secretary of State may make regulations— and any document which, at the time it comes into being, does not comply with any provision then made under paragraphs (a) to (c) above is not a loan instrument for the purposes of this Part.
regulating the terms of loan instruments and the manner of their issue, transfer or redemption;
restricting the issue of instruments which are transferable by delivery;
regulating the manner in which any payments or repayments are to be made to the holder of the instrument; and
making provision for the custody and, where appropriate, eventual destruction of documents relating to loan instruments;
Any approval given by the Secretary of State under subsection (2) above and any consent given by the Treasury under subsection (3) above may be given generally or in a particular case or to authorities of a particular description or by reference to borrowing or securities of a particular description and may be given subject to conditions.
In so far as any local authority have power under any private or local Act to borrow money (whether for general or specific purposes), any such power shall cease to have effect for financial years beginning on or after 1st April 1990.
Subject to subsection (7) above, subsections (2) to (6) above apply to all borrowing powers for the time being available to a local authority under any enactment, whenever passed.
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A local authority may not at any time borrow an amount which would cause the total of— to exceed the aggregate credit limit for the time being applicable to the authority by virtue of section 62 below.
the amount outstanding at that time by way of principal of money borrowed by the authority, and
the aggregate cost (as determined below) at that time of the credit arrangements entered into by the authority, other than arrangements excluded by regulations under paragraph 11 of Schedule 3 to this Act,
The Secretary of State may by regulations make provision, in the interests of prudent financial management, regulating borrowing by local authorities; and a local authority may not borrow to any extent or in any manner which would contravene any provision of the regulations.
A local authority may not borrow any amount which would cause any limit for the time being determined by the authority under section 45 below to be exceeded.
References in this section and sections 45 to 47 below to borrowing by an authority are references to borrowing not only under section 43 above but also under any other power for the time being available to the authority under any enactment, whenever passed.
For the purposes of subsection (1) above, the temporary use by a local authority for a purpose other than that of the fund in question of money forming part of such a superannuation fund or trust fund as is referred to in paragraph (h) or paragraph (i) of subsection (2) of section 42 above shall be treated as borrowing.
A person lending money to a local authority shall not be bound to enquire whether the authority have power to borrow the money and shall not be prejudiced by the absence of any such power.
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For the purposes of this Part, for each financial year every local authority shall determine—
an amount of money (in this Part referred to as “the overall borrowing limit”) which is for the time being the maximum amount which the authority may have outstanding by way of borrowing;
an amount of money (in this Part referred to as “the short-term borrowing limit”), being a part of the overall borrowing limit, which is for the time being the maximum amount which the authority may have outstanding by way of short term borrowing; and
a limit on the proportion of the total amount of interest payable by the authority which is at a rate or rates which can be varied by the person to whom it is payable or which vary by reference to any external factors.
Subject to subsection (3) below, the duty to determine the limits referred to in subsection (1) above shall be performed before the beginning of the financial year to which the limits are to relate.
Where a local authority have determined a limit for a financial year under subsection (1) above, the authority may at any time (whether before or after the beginning of that year) vary that limit by making a new determination thereof.
Section 101 of the Local Government Act 1972 (arrangements for discharge of functions of local authorities by committees, officers etc.) shall not apply to the duty to make a determination under subsection (1) above of any limit or to the power to vary a limit under subsection (3) above.
Without prejudice to subsection (4) above, in section 101(6) of the Local Government Act 1972 (which provides that certain functions, including borrowing, shall be discharged only by the authority) the words “or borrowing money” shall be omitted.
For the purposes of subsection (1)(b) above, a local authority borrow money short term if the sum borrowed is repayable—
without notice; or
at less than twelve months notice; or
within twelve months of the date of the borrowing.
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Every local authority shall maintain a register giving particulars of all the loans in respect of which loan instruments are issued by or to the authority on or after 1st April 1990 and, if they think it appropriate, a local authority may appoint as a registrar for some or all of the purposes of such a register a person who is neither an officer nor any other employee of the authority.
In the register required to be maintained by a local authority under this section, the authority shall, not later than 30th September 1990, enter particulars of all outstanding loans in respect of which any payment or repayment falls to be made by the authority (whether or not any loan instruments have been issued), other than those resulting from borrowing as mentioned in paragraph (a) or paragraph (b) of subsection (2) of section 43 above; and, for this purpose, an “outstanding loan” is one which was made before 1st April 1990 and in respect of which any payment or repayment falls to be made on or after that date.
Subject to the following provisions of this section, a register required to be maintained under this section shall be in such form as the authority concerned consider appropriate; but that form must be such that the register is, or is capable of being reproduced, in legible form.
A register maintained under this section shall contain, with respect to each loan of which particulars are required to be registered,—
except in the case of a loan in respect of which there has been issued an instrument (whether or not being a loan instrument) transferable by delivery, the name or description, and the address, of the person to whom payments or repayments are due;
the dates on which the payments or repayments are to be made; and
the amount of each of those payments or repayments or the method by which that amount is to be calculated.
A local authority may remove from a register maintained under this section particulars of any loan in respect of which no more payments or repayments fall to be made.
With the consent of the Treasury, the Secretary of State may make regulations—
generally with respect to the keeping of a register required to be maintained under this section;
modifying all or any of the particulars specified in paragraphs (a) to (c) of subsection (4) above; and
specifying additional particulars which are to be entered in a register maintained under this section.
A copy of an entry in a register maintained under this section which is certified by a registrar of the register and purports to show particulars entered pursuant to subsection (4) or subsection (6) above shall be prima facie evidence of the matters specified in the entry.
A certification by a registrar of a register maintained under this section of any instrument of transfer of a loan instrument is to be taken as a representation by him to any person acting on the faith of the certification that there have been produced to the registrar such documents as on their face show a prima facie title to the loan instrument in the transferor named in the instrument of transfer; but such a certification shall not be taken as a representation that the transferor has any title to the loan instrument.
If— the person aggrieved may apply to the High Court or a county court for rectification of the register.
the name of any person is, without sufficient cause, entered in or omitted from a register maintained under this section, or
default is made or unnecessary delay takes place in making any entry required to be made in such a register,
Where an application is made under subsection (9) above, the court—
may refuse the application or order rectification of the register;
may decide any question relating to the title of a person who is a party to the application to have his name entered in or omitted from the register; and
generally may decide any question necessary or expedient to be decided for rectification of the register.
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All money borrowed by a local authority (whether before or after the coming into force of this section), together with any interest thereon, shall be charged indifferently on all the revenues of the authority.
Subject to subsection (3) below, all securities created by a local authority shall rank equally without any priority.
Subsection (2) above does not affect any priority existing at, or any right to priority conferred by a security created before, 1st June 1934.
If at any time any principal or interest due in respect of any borrowing by a local authority remains unpaid for a period of two months after demand in writing, then, subject to subsection (5) below, the person entitled to the sum due may, without prejudice to any other remedy, apply to any court having jurisdiction in respect of a claim for that sum for the appointment of a receiver; and, if it thinks fit, the court may appoint a receiver on such terms and with such powers as the court thinks fit.
No application may be made under subsection (4) above unless the sum due in respect of the borrowing concerned amounts to not less than £5,000 or such other amount as may from time to time be prescribed for the purposes of this subsection by regulations made by the Secretary of State.
The court to whom an application is made under subsection (4) above may confer upon the receiver any such powers of collecting, receiving and recovering the revenues of the local authority and of issuing levies and precepts and setting, collecting and recovering community charges as are possessed by the local authority.
Except as provided by subsection (1) above, a local authority may not mortgage or charge any of their property as security for money borrowed or otherwise owing by them; and any security purporting to be given in contravention of this subsection shall be unenforceable.
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Subject to the following provisions of this section, a local authority shall be taken for the purposes of this Part to have entered into a credit arrangement— and, in any such case, the “credit arrangement” is the lease, the single contract or, as the case may be, the two or more contracts taken together.
in any case where they become the lessees of any property (whether land or goods); and
in any case (not falling within paragraph (a) above) where, under a single contract or two or more contracts taken together, it is estimated by the authority that the value of the consideration which the authority have still to give at the end of a relevant financial year for or in connection with the provision to the authority of any land, goods or services or any other kind of benefit is greater than the value of the consideration (if any) which the authority were still to receive immediately before the beginning of that financial year; and
in any case where the authority enter into a transaction of a description for the time being prescribed for the purposes of this section by regulations made by the Secretary of State;
The estimate required to be made under paragraph (b) of subsection (1) above shall be made at the time the contract or, as the case may be, the later or last of the contracts constituting the credit arrangement is entered into; and the reference in that paragraph to a relevant financial year is a reference to a financial year which begins after the contract or, as the case may be, the first of the contracts constituting the arrangement was entered into.
Subject to section 52 below, references in this Part, other than this section, to a credit arrangement do not apply to a credit arrangement which comes into being before 1st April 1990; and for the purpose of this Part a credit arrangement comes into being—
where subsection (1)(a) above applies, at the time the local authority become the lessees;
where subsection (1)(b) above applies, at the time the contract or, as the case may be, the later or latest of the contracts constituting the arrangement is entered into; and
where subsection (1)(c) above applies, at the time the authority enter into the transaction concerned or such other time as may be specified in the regulations concerned.
Where a contract constitutes, or two or more contracts taken together constitute, a credit arrangement, no account shall be taken under this section of any later contract which has the effect of varying the effect of the contract or, as the case may be, of the two or more contracts taken together.
A contract is not a credit arrangement to the extent that it is a contract under which a local authority borrows money; and a lease or contract which is excluded from this section by regulations made by the Secretary of State is not a credit arrangement.
It is immaterial for the purposes of this section whether the consideration given or received by a local authority under any contract is given to or received from the person by whom the land, goods, services or other benefit are in fact provided to the authority; and for the purposes of this section, and any of the following provisions of this Part relating to credit arrangements, in any case where the consideration under a contract consists, in whole or in part,— that consideration shall be regarded as neither given nor received until the undertaking is performed or, as the case may be, the right is exercised.
of an undertaking to do or to refrain from doing something at a future time (whether specified or not), or
of a right to do or to refrain from doing something at such a future time,
Where the consideration under a contract consists, in whole or in part, of an option, the estimate required to be made under subsection (1)(b) above shall be made— and if, on any of those assumptions, the contract would on those estimates constitute, alone or together with one or more other contracts, a credit arrangement, it shall be regarded as doing so regardless of whether the option is or is not in fact exercised; and in this subsection “option” includes any right which is exercisable or not at the discretion of a party to the contract.
on the assumption that the option will be exercised or, if the option could be exercised in different ways, on the assumption that it will be exercised in each of those ways, and
on the assumption that the option will not be exercised,
If an existing contract is varied and the variation does not in law itself constitute a contract, it shall be regarded as such for the purposes of this section and, accordingly, subject to subsection (4) above, the existing contract and the variation shall be regarded as two contracts to be taken together.
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Subject to subsection (3) and section 52 below, for the purposes of this Part the initial cost of a credit arrangement is the amount which, at the time the arrangement comes into being, the local authority estimate will be the aggregate of—
any consideration which falls to be given by the authority under the arrangement in the financial year in which it comes into being; and
the value of the consideration falling to be given by the authority under the arrangement in any subsequent financial year, determined in accordance with subsection (2) below.
For each subsequent financial year referred to in subsection (1)(b) above, the value of the consideration falling to be given in that year shall be determined by the formula— where— “x” is the amount of the consideration which the authority estimate will be given by them under the arrangement in that financial year; “r” is the percentage rate of discount prescribed for the financial year in which the arrangement came into being by regulations made by the Secretary of State for the purposes of this section; and “n” is the financial year in which the consideration falls to be given expressed as a year subsequent to the financial year in which the arrangement came into being (so that the first of the subsequent financial years is 1, the next financial year is 2, and so on).
Subsection (2) above does not apply to a credit arrangement of a description excluded from that subsection by regulations made by the Secretary of State; and, in relation to a credit arrangement which is so excluded, regulations so made shall make provision for the method of calculating the initial cost and the cost of the arrangement at any time.
Subject to subsection (3) above and sections 51 and 52 below, the cost of a credit arrangement at any time after it has come into being shall be determined in accordance with subsections (1) and (2) above (in like manner as the determination of the initial cost) but on the basis of an estimate made at the time in question and leaving out of account any consideration which has been given by the authority under the arrangement before that time.
In the application of this section to a credit arrangement which consists, in whole or in part, of a contract, the consideration under which falls within subsection (7) of section 48 above,—
if the credit arrangement exists only on the basis of one of the assumptions in that subsection, the local authority shall make that assumption for the purposes of this section; and
if the credit arrangement would exist on the basis of any two or more of those assumptions, the authority shall for the purposes of this section make whichever of those assumptions seems to them most likely.
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A local authority may not enter into a credit arrangement for any purpose unless, if they incurred expenditure for that purpose, it would be expenditure for capital purposes, and any reference in the following provisions of this Part to “capital purposes”, in relation to a credit arrangement, shall be construed accordingly.
A local authority may not enter into a credit arrangement unless, at the time the arrangement comes into being, there is available to the authority an amount of credit cover equal to the initial cost of the arrangement.
For the purposes of this section, each of the following amounts constitutes, in relation to a credit arrangement, an amount of credit cover available to a local authority,—
an amount for the time being authorised by a credit approval issued to the authority;
an amount of the usable part of capital receipts which, in accordance with a determination under section 60(2) below referring to the arrangement, is applied by the authority as provision to meet credit liabilities; and
an amount which, in accordance with a determination of the authority referring to the arrangement, is set aside from a revenue account by the authority as provision to meet credit liabilities (being an amount over and above what they are required so to set aside by virtue of any other provision of this Part).
A local authority may not enter into a credit arrangement at any time if to do so would at that time cause the total referred to in section 44(1) above to exceed the aggregate credit limit for the time being applicable to the authority by virtue of section 62 below.
A determination under subsection (3)(c) above may not be made later than 30th September in the financial year following that in which falls the time when there comes into being the credit arrangement for which the credit cover is made available.
Except in so far as they are applied by section 52 below, the preceding provisions of this section do not apply in relation to a transitional credit arrangement.
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This section (other than subsection (10) below) applies where the terms of a credit arrangement entered into by a local authority are varied (whether by the making of a new contract or otherwise) in such a way that, if the effect of the variation had been part of the arrangement at the time it came into being, the initial cost would have been greater than it was.
If, in the case of a credit arrangement falling within subsection (5) of section 49 above,— the exercise of the option shall be regarded for the purposes of this section as a variation of the terms of the credit arrangement; and if, in such a case, it was assumed for the purposes of section 49 above that the option would be exercised (or would be exercised in a particular way) and it subsequently appears to the local authority that it will not in fact be exercised, the option shall be assumed to have been abandoned and that abandonment shall be regarded for the purposes of this section as a variation of the terms of the credit arrangement.
the option in question is exercised in a way different from that which was assumed for the purposes of that section, or
it was assumed for the purposes of that section that the option in question would not be exercised but it is in fact exercised,
A local authority may not at any time agree to such a variation as is mentioned in subsection (1) above if to do so would mean that, immediately after the variation, the total referred to in section 44(1) above would exceed the aggregate credit limit for the time being applicable to the authority by virtue of section 62 below.
Where a credit arrangement is varied as mentioned in subsection (1) above, the local authority shall secure that there is available to it an amount of credit cover equal to whichever is the less of— and subsections (3) and (5) of section 50 above apply for the purposes of this section as they apply for the purposes of that section, except that, in subsection (5), the reference to the time when the arrangement comes into being shall be construed as a reference to the time when it is varied.
the difference between the total amount of consideration paid and payable under the arrangement, disregarding the variation and the total amount of the consideration paid and payable under the arrangement as varied; and
the difference between the adjusted cost of the arrangement and the credit cover already made available in connection with the arrangement in accordance with section 50 above;
Subject to subsection (7) below, the adjusted cost of the arrangement referred to in subsection (4)(b) above is the aggregate of—
the consideration which, in the financial year in which the arrangement is varied and in any earlier financial year, has been or falls to be given by the local authority; and
the amount which, at the time of the variation, the authority estimate will be the cost of the arrangement, as varied, in each subsequent financial year determined as follows.
Subject to subsection (7) below, for any subsequent financial year the cost of the arrangement as varied shall be determined by the formula in section 49(2) above but, for this purpose,—
“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);
The following, namely— (a) any sums debited to the account for a previous year under paragraph (a) of item 7 of Part II of this Schedule which have been recovered by the authority during the year; and (b) any amount by which, in the opinion of the authority, any provision debited to the account for a previous year under paragraph (b) of that item should be reduced.
Subsections (5) and (6) above do not apply in relation to a credit arrangement as to which the method of calculating the initial cost and the cost at any time is provided for by regulations under section 49(3) above; and any adjusted cost or cost which would otherwise fall to be determined in accordance with those subsections shall be determined in accordance with provisions made by the regulations.
Where a credit arrangement is varied as mentioned in subsection (1) above, the cost of the arrangement at any time after the variation shall be determined in accordance with subsections (5) and (6) above (in like manner as the determination of the adjusted cost) but on the basis of an estimate made at the time in question and leaving out of account any consideration which has been given by the authority under the arrangement before that time.
If, at any time after the terms of a credit arrangement have been varied as mentioned in subsection (1) above, the terms of the arrangement are again varied, the preceding provisions of this section shall have effect with any necessary modifications and, in particular, as if,—
the reference in subsection (1) above to the time the arrangement came into being were a reference to the time at which the arrangement was varied (or, as the case may be, last varied) as mentioned in that subsection;
the reference in that subsection to the initial cost were a reference to the adjusted cost of the arrangement as so varied (or last varied); and
the reference in paragraph (b) of subsection (4) above to the credit cover already made available in accordance with section 50 above included a reference to any additional credit cover made available under that subsection at the time of an earlier variation.
If at any time the terms of a credit arrangement are varied otherwise than as mentioned in subsection (1) above, then, so far as the variation affects the consideration falling to be paid by the local authority in any year, account shall be taken of the variation in determining the cost of the arrangement at any subsequent time (under subsection (8) above or subsection (3) or subsection (4) of section 49 above) but for other purposes the variation shall be disregarded.
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Subject to the following provisions of this section, a local authority shall be taken to have entered into a transitional credit arrangement if, applying the rules in section 48(3) above, the arrangement came into being on or after 7th July 1988 and before 1st April 1990; and, except in so far as any provision of this Part otherwise provides, any reference in this Part to a credit arrangement includes a reference to a transitional credit arrangement.
Notwithstanding that a credit arrangement came into being as mentioned in subsection (1) above it is not a transitional credit arrangement if—
under the arrangement the local authority concerned became the lessees of any property (whether land or goods) and the arrangement was a credit arrangement by reason only of section 48(1)(a) above; or
by virtue of subsection (11) or subsection (12) of section 80 of the Local Government, Planning and Land Act 1980 (valuation etc.) the amount of prescribed expenditure which the authority is to be taken as having paid on entering into the arrangement was nil; or
by virtue of regulations under paragraph 4 of Schedule 12 to that Act, any expenditure of the authority under the arrangement was not prescribed expenditure; or
the arrangement related only to works which, in whole or in part, were carried out before 1st April 1990 and in relation to which, by reason only of regulations under subsection (7) of section 80A of that Act (payment for works), subsection (1) of that section did not apply or, to the extent that the works were carried out on or after that date, would not have applied if they had been carried out before that date.
For the purpose of the application of sections 49 and 51 above in relation to a transitional credit arrangement—
such an arrangement shall be taken to have come into being (in the form in which it was on 1st April 1990) on that date (and, accordingly, any consideration given under the arrangement before that date shall be disregarded); and
the local authority shall be taken to have made available in connection with the arrangement (and in accordance with section 50 above) an amount of credit cover equal to the cost of the arrangement on 1st April 1990.
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Before the beginning of each financial year, the Secretary of State shall issue to each local authority, in the form of a notice in writing, a credit approval with respect to the authority’s credit arrangements and expenditure for capital purposes during that year.
A credit approval issued under this section (in this Part referred to as a “basic credit approval”) may be nil but, subject to that, shall be expressed as an amount of money.
A basic credit approval shall have effect only for the financial year in respect of which it is issued and may be limited by excluding from the purposes for which the approval may be used capital purposes of a description specified in the approval.
Where regulations made by the Secretary of State so require, a basic credit approval shall specify, directly or by reference to tables or other documents specified in the approval, a period (in this Part referred to as the “amortisation period”) during which the authority to whom the approval is issued are required to set aside, from a revenue account, as provision to meet credit liabilities, amounts determined in accordance with the regulations.
Under subsection (4) above, if the regulations so provide, a basic credit approval may specify different amortisation periods in relation to the use of the approval in respect of credit arrangements and expenditure for capital purposes of different descriptions.
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Any Minister of the Crown may at any time issue to a local authority, in the form of a notice in writing, a credit approval (in this Part referred to as a “supplementary credit approval”).
A supplementary credit approval shall be expressed as an amount of money and shall be limited to credit arrangements and expenditure for capital purposes of a description specified in the approval (but, if the Minister concerned considers appropriate, all capital purposes may be so specified).
A supplementary credit approval shall have effect for such period as is specified in the approval; and where such an approval is issued not more than six months after the end of a financial year, it may specify a period which begins or begins and ends at any time during that financial year.
Subject to subsection (5) below, subsections (4) and (5) of section 53 above apply in relation to a supplementary credit approval as they apply in relation to a basic credit approval.
In the case of a supplementary credit approval issued in respect of expenditure which is treated by the authority concerned as expenditure for capital purposes by virtue only of directions under section 40(6) above, the approval must specify an amortisation period and the maximum amortisation period which may be specified shall be seven years.
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In determining the amount of a basic credit approval or a supplementary credit approval to be issued to a local authority, the Secretary of State or other Minister may have regard, subject to the following provisions of this section, to such factors as appear to him to be appropriate.
Without prejudice to the generality of subsection (1) above, the Secretary of State or other Minister may, in particular, have regard—
to the amount of any grants or contributions which it appears to him that the authority concerned have received and are likely to receive from any person in respect of expenditure incurred by the authority or to be incurred by them before the expiry of the period for which the credit approval is to have effect; and
subject to subsection (3) below, to the amount of capital receipts which it appears to him that the authority have received, might reasonably be expected to have received or to receive or are likely to receive before the expiry of the period for which the credit approval is to have effect.
In determining the amount of a credit approval, the Secretary of State or other Minister shall not take account of capital receipts—
to the extent that the authority concerned are required to set aside the receipts as provision for credit liabilities; or
to the extent that they are applied or paid as mentioned in subsections (7) to (9) of section 59 below.
In determining the amount of the basic credit approval or of a supplementary credit approval to be issued to a particular local authority in any financial year, the Secretary of State or other Minister shall not take account of the extent to which it appears to him that the local authority are or are likely to be in a position to finance expenditure for capital purposes from a revenue account.
In this section “capital receipts” includes sums which constituted capital receipts for the purposes of Part VIII of the Local Government, Planning and Land Act 1980, whether or not they fall to be treated as capital receipts under section 58 below.
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Subject to Part I of Schedule 3 to this Act, where a local authority have received a basic credit approval or a supplementary credit approval, then, if they so determine, the approval may be treated wholly or partly—
as authority not to charge to a revenue account an amount of expenditure which is defrayed during the period for which the approval has effect and which is for capital purposes to which the approval applies; or
as authority, within the period for which the approval has effect, to enter into or agree to a variation of a credit arrangement for purposes to which the approval applies.
Where a local authority have received a basic credit approval or a supplementary credit approval and that approval is not extinguished under section 57 below or Part I of Schedule 3 to this Act, then, if or to the extent that they have not made a determination with respect to it under subsection (1) above, the authority may, if they so determine, transfer the approval, reduced where appropriate under that section or Part, to another local authority, either in whole or in part; and, where such a transfer is made,—
the transfer of the approval (or part) shall not be regarded for the purposes of this Part as its use by the transferor authority; and
this Part (including this section) shall have effect as if the approval (subject to any reduction as mentioned above) had been issued, in whole or as to the part transferred, directly to the transferee authority.
To the extent that and at the time when, in reliance on a credit approval,— the credit approval shall be regarded as used and, accordingly, shall not be available on any subsequent occasion or for any other purpose.
an amount of expenditure which is not charged to a revenue account of the authority concerned is defrayed, or
the authority concerned enter into or agree to a variation of a credit arrangement,
Subsection (3) above applies whether or not the determination under subsection (1) above precedes the date on which the expenditure is defrayed or, as the case may be, the credit arrangement is entered into or varied.
A determination by a local authority under subsection (1) above that a credit approval is to be treated as mentioned in paragraph (a) or paragraph (b) of that subsection may not be made later than 30th September in the financial year following that in which the authority defray the expenditure or, as the case may be, enter into or vary the credit arrangement in question.
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In this section “specified capital grants” means grants, contributions and subsidies—
which are paid to local authorities in aid of their expenditure for capital purposes;
which are neither commuted payments falling within subsection (2) of section 63 below nor single or other payments falling within subsection (3) of that section; and
which are, or to the extent that they are, specified for the purposes of this section by regulations made by the Secretary of State.
If at any time a local authority receive a specified capital grant, such, if any, of the authority’s credit approvals as are relevant to that grant shall, in accordance with the following provisions of this section, be reduced or, as the case may be, extinguished by deducting therefrom an amount equal to the grant.
For the purposes of this section, a credit approval is relevant to a specified capital grant if—
the approval has effect at the time the grant is received or at any time thereafter; and
the purposes for which the approval may be used are or include the purposes towards expenditure on which the grant is made.
Subject to subsections (5) and (6) below, where, by virtue of subsection (2) above, a deduction is required in respect of a specified capital grant,—
the deduction shall be applied to the credit approvals which are relevant to the grant in the order in which those approvals were received;
subject to paragraph (d) below, the reduction or extinguishment of any such approval shall be regarded as taking place when the grant is received;
if the amount of the deduction exceeds the total of the credit approvals which are relevant to the grant and were received before the grant, the excess shall be applied in reduction (or extinguishment) of credit approvals which are so relevant and are received later; and
any such reduction or extinguishment of a later credit approval as is referred to in paragraph (c) above shall be regarded as taking place when the approval is received.
Notwithstanding anything in subsection (4) above, any reduction or extinguishment of a credit approval which is required to be made under Part I of Schedule 3 to this Act shall be applied before any reduction or extinguishment under this section.
In any case where— the credit approval shall not, to that extent, be taken into account under subsections (2) and (4) above; but, subject to that, the making of a determination under section 56(1) above with respect to a credit approval shall not affect the operation of those subsections in relation to it.
before the time when a specified capital grant is received by a local authority, the authority have made a determination under subsection (1) of section 56 above with respect to a credit approval which is relevant to that grant, and
by virtue of subsection (3) of that section, that credit approval is to any extent to be regarded as having been used before that time,
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For the purposes of this Part, the capital receipts of a local authority are, subject to the following provisions of this section, those sums received by the authority in respect of— and those sums become capital receipts at the time they are in fact received.
the disposal of any interest in an asset if, at the time of disposal, expenditure on the acquisition of the asset would be expenditure for capital purposes;
the disposal of any investment other than an investment which, at the time of disposal, is an approved investment;
the repayment of, or a payment in respect of, any grants or other financial assistance of such a description that, if the expenditure on the grant or assistance had been incurred at the time of the repayment or payment, it would have constituted expenditure for capital purposes; or
the repayment of the principal of an advance (not being an approved investment) made by the authority for such a purpose that, if the advance had been made at the time of the repayment, expenditure incurred on it would have constituted expenditure for capital purposes;
The following sums are not capital receipts for the purposes of this Part, namely, sums received by an authority in respect of—
the disposal of an interest in an asset which, at the time of the disposal, is an asset of a superannuation fund which the authority are required to keep by virtue of the Superannuation Act 1972; or
the disposal of an investment held for the purposes of such a superannuation fund; or
any repayment or payment such as is mentioned in paragraph (c) or paragraph (d) of subsection (1) above which is made to such a superannuation fund.
Subsection (1) above applies to sums received on or after 1st April l990 but regardless of when the disposal or advance was made or the grant or other financial assistance was given and, in particular, whether or not it was made or given on or after that date but, in the case of a disposal made before that date, the reference in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) above to the time of the disposal shall be construed as a reference to 1st April 1990.
Subject to subsection (6) below, to the extent that any sums which were received by a local authority before lst April 1990 and either— are represented in the authority’s accounts for the financial year ending immediately before that date either by amounts shown as capital receipts which are unapplied as at the end of that year or by amounts included in the balance as at the end of that year of any fund established by the authority under paragraph 16 of Schedule 13 to the Local Government Act 1972, those sums shall be treated for the purposes of this Part as capital receipts received by the authority on that date; and any reference in this Part to “1980 Act receipts” is a reference to sums which are capital receipts by virtue of this subsection.
constituted capital receipts for the purposes of Part VIII of the Local Government, Planning and Land Act 1980, or
did not constitute such receipts by virtue of regulations under section 75(5) of that Act but are specified for the purposes of this subsection by regulations made by the Secretary of State,
So far as may be necessary for the purposes of this Part, a local authority shall identify which (if any) sums falling within paragraphs (a) and (b) of subsection (4) above are represented by amounts included as mentioned in that subsection in the balance of a fund established as so mentioned.
Subsection (4) above does not apply to a sum in respect of which an amount shown as an unapplied capital receipt or included in a balance as mentioned in that subsection is, on 1st April 1990, held in an investment which is not on that date an approved investment; and, so far as may be necessary for the purposes of this Part, where on that date a local authority hold investments which are not then approved investments, the authority shall identify which (if any) of the amounts so shown or included are to be treated as held in such investments.
Where an asset or investment falling within paragraph (a) or paragraph (b) of subsection (1) above is disposed of and the whole or part of the purchase price is not received by the authority at the time of the disposal, then, subject to subsection (9) below, any interest payable to the authority in respect of the whole or any part of the price shall not be regarded as a capital receipt.
Subject to subsection (9) below, in the case of a disposal of an asset which consists of the grant, assignment or surrender of a leasehold interest in any land or the lease of any other asset, only the following are capital receipts, —
any premium paid on the grant or assignment;
any consideration received in respect of the surrender;
any sum paid by way of rent more than three months before the beginning of the rental period to which it relates;
any sum paid by way of rent in respect of a rental period which exceeds one year; and
so much of any other sum paid by way of rent as, in accordance with directions given by the Secretary of State, falls to be treated as a capital receipt.
If the Secretary of State by regulations so provides,—
the whole or such part as may be determined under the regulations of a sum received by a local authority and which, apart from this subsection, would not be a capital receipt shall be such a receipt; and
the whole or such part as may be so determined of a sum which, apart from this subsection, would be a capital receipt shall not be such a receipt.
This section and sections 59 to 61 below have effect subject to Part II of Schedule 3 to this Act in relation to certain disposals, payments and repayments occurring before 1st April 1990.
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At the time when a local authority receive a capital receipt, a part of that receipt (in this Part referred to as “the reserved part”) shall be set aside by the authority as provision to meet credit liabilities.
Subject to the following provisions of this section, the reserved part of a capital receipt shall be—
in the case of a receipt in respect of the disposal of dwelling-houses held for the purposes of Part II of the Housing Act 1985 (provision of housing), 75 per cent; and
in the case of any other receipt, 50 per cent.
The Secretary of State may by regulations alter the percentage which (by virtue of subsection (2) above or the previous exercise of this power) is for the time being the reserved part of any capital receipt or provide that the amount which is the reserved part of any capital receipt shall be determined in accordance with the regulations; and any such regulations may make different provision in relation to— and where the regulations specify a percentage, it may be any percentage from nil to 100.
different descriptions of capital receipts; and
different descriptions of local authority;
If the Secretary of State by regulations so provides, capital receipts of a description specified in the regulations shall be treated for the purposes only of this section as reduced by an amount determined in accordance with the regulations.
In the exercise of the power conferred by subsection (3) or subsection (4) above, capital receipts and local authorities may be differentiated in any manner which appears to the Secretary of State to be appropriate and, in particular,—
capital receipts may be differentiated by reference to the source from which they are derived including, in the case of receipts derived from disposals, different descriptions of disposals; and
local authorities may be differentiated by reference to their type, their credit ceilings and the nature of their statutory powers and duties.
Without prejudice to subsection (3) above, in any case where— subsection (2) above shall have effect in relation to that capital receipt as if it provided that the reserved part of the receipt were a percentage thereof specified in the direction or, according as the direction provides, an amount determined in accordance with the direction; but any direction under this subsection relating to a 1980 Act receipt shall be made before 1st April 1990.
the consent of the Secretary of State is required for a disposal of a dwelling-house or any other property, and
the Secretary of State gives a direction under this subsection with respect to a capital receipt in respect of that disposal,
Subsection (1) above does not apply to a capital receipt received by an authority as trustee of a trust fund which is held for charitable purposes.
Where a local authority receive a capital receipt in respect of an asset, investment, grant or other financial assistance which was originally acquired or made by the authority wholly or partly out of moneys provided by Parliament on terms which require, or enable a Minister of the Crown to require, the payment of any sum to such a Minister on or by reference to the disposal of the asset or investment or the repayment of the grant or assistance, the amount of the capital receipt shall be treated for the purposes of the preceding provisions of this section as reduced by the sum which appears to the authority to be so payable, including, in the case of a 1980 Act receipt, any sum which was payable, but was not in fact paid, before 1st April 1990.
Where a local authority receive a capital receipt, not being a 1980 Act receipt, in respect of— the amount of the capital receipt shall be treated for the purposes of the preceding provisions of this section as reduced by so much of the receipt as is applied by the authority in defraying the administrative costs of and incidental to any such disposal.
a disposal of land held for the purposes of Part II of the Housing Act 1985, or
any other disposal of land made by virtue of Part V (the right to buy) of that Act,
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This section applies to the balance of any capital receipts received by a local authority after deducting— but nothing in this section applies to a capital receipt which falls within section 59(7) above.
the reserved part of each such receipt; and
any sum which, by virtue of subsection (8) or subsection (9) of section 59 above, falls to be deducted in determining the amount of any receipt for the purposes of the preceding provisions of that section;
The balance referred to in subsection (1) above (in this Part referred to as “the usable part” of the authority’s capital receipts) shall be applied by the local authority, according as they determine, in one of the following ways, or partly in one way and partly in the other,— and, subject to subsection (3) below, may be so applied in the financial year in which the receipts are received or in any later financial year.
to meet expenditure incurred for capital purposes; or
as provision to meet credit liabilities;
A determination by a local authority under subsection (2) above as to the manner in which the usable part of their capital receipts are to be applied may not be made later than 30th September in the financial year following that in which, in accordance with the determination, the receipts are to be applied.
For the purposes of this Part, to the extent that the usable part of an authority’s capital receipts are applied as mentioned in subsection (2)(a) above, it shall be taken to be so applied at the time when the expenditure in question is defrayed.
For the purposes of this Part, to the extent that the usable part of an authority’s capital receipts are applied as mentioned in subsection (2)(b) above, it shall be taken to be so applied—
if it is used as an amount of credit cover as mentioned in section 50(3)(b) above, when the credit arrangement in question is entered into or varied; and
subject to subsection (6) below, in any other case, on the last day of the financial year in which (pursuant to the local authority’s determination) it is so applied.
In the case of a determination under subsection (2) above which— subsection (5)(b) above shall have effect with the substitution of a reference to 1st April 1990 for the reference to the last day of the financial year in which the usable part is so applied.
relates to the application of the usable part of a 1980 Act receipt in the financial year beginning on 1st April 1990, and
is made not later than 30th September 1990,
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This section applies where—
the whole or part of the consideration received by a local authority on or after 1st April 1990 for a disposal falling within section 58(1) above either is not in money or consists of money which, at the request or with the agreement of the local authority concerned, is paid otherwise than to the authority; or
the right of a local authority to receive such a repayment or payment as is referred to in section 58(1) above is assigned or waived for a consideration which is received on or after 1st April 1990 and which, in whole or in part, is not in money or which, at the request or with the agreement of the local authority, is paid otherwise than to the authority; or
on a disposal falling within section 58(8) above, any consideration is received on or after 1st April 1990 and, if it had been in money paid to the authority, it would have been a capital receipt.
Where this section applies in relation to any consideration, there shall be determined the amount which would have been the capital receipt if the consideration had been wholly in money paid to the local authority; and, subject to subsection (3) below, the amount so determined is in this section referred to as “the notional capital receipt”.
From the amount which, apart from this subsection, would be the notional capital receipt in relation to a disposal, repayment or payment there shall be deducted any amount of money that was paid or is payable to the local authority in respect of that disposal, repayment or payment and in respect of which section 59 above actually applies or will actually apply when the payment is received.
Where consideration to which this section applies is received in respect of a disposal, repayment or payment, the local authority shall set aside, at the time of the disposal or the assignment or waiver of the repayment or payment, and as provision to meet credit liabilities, an amount which, except in so far as regulations made or directions given by the Secretary of State otherwise provide, shall be equal to that which, under section 59 above, would be the reserved part of the notional capital receipt.
The amount falling to be set aside by a local authority under subsection (4) above shall be so set aside—
from the usable part of the authority’s capital receipts; or
from a revenue account of the authority.
If the Secretary of State by regulations so provides,— shall be treated for the purposes of subsections (2), (4) and (5) above as consideration to which this section applies and, in relation to any such consideration, subsection (4) above shall apply with such modifications as are specified in the regulations.
consideration which is not in money, which is received by a local authority and which is of a description specified in the regulations, or
consideration which is in money, which is paid otherwise than to the authority and which is of a description specified in the regulations,
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For each local authority there shall be an aggregate credit limit which, subject to subsection (2) below, at any time shall be the total at that time of— but the reference in paragraph (d) above to approved investments and cash does not include investments or cash held for the purposes of such a superannuation fund or trust fund as is referred to in paragraph (h) or paragraph (i) of subsection (2) of section 42 above.
the authority’s temporary revenue borrowing limit;
the authority’s temporary capital borrowing limit;
the authority’s credit ceiling, as determined under Part III of Schedule 3 to this Act; and
the excess of the authority’s approved investments and cash over their usable capital receipts;
On an application made by a local authority, the Secretary of State may direct that, for any period specified in the direction, the amount which, apart from the direction, would be the authority’s aggregate credit limit at any time during that period shall be increased by an amount specified in the direction with respect to that period; and any increase specified in a direction under this subsection may be expressed to have effect subject to compliance with such terms and conditions as may be so specified.
Subject to subsection (4) below, an authority’s temporary revenue borrowing limit at any time is whichever is the less of— and for the purposes of paragraph (b)(ii) above “relevant arrears” are amounts in respect of income which remain to be received by the authority and which, as income, fall to be credited to a revenue account of the authority for the financial year beginning two years before the beginning of the current financial year.
the total sums which at that time remain to be received by the authority and which, as income, fall or will fall to be credited to a revenue account of the authority for the current financial year; and
the aggregate of—
the total sums which, up to and including that time (whether in the current or a previous financial year), the authority have disbursed in respect of expenditure which falls to be charged to a revenue account of the authority for the current financial year; and
any relevant arrears in respect of which provision has been or is to be charged to such a revenue account or which have been or are to be written off and charged to such a revenue account;
At any time in a financial year the amount which, apart from this subsection, would be an authority’s temporary revenue borrowing limit shall be increased by the addition of an amount in respect of the immediately preceding financial year, being whichever is the less of—
the excess (if any) of the total sums which, up to and including that time, the authority have disbursed in respect of expenditure falling to be charged to a revenue account of the authority for that preceding year over the total sums which, up to and including that time, the authority have received in respect of income falling to be credited to such a revenue account; and
the total sums which at that time remain to be received by the authority and which, as income, fall or will fall to be credited to a revenue account of the authority for that preceding year.
An authority’s temporary capital borrowing limit at any time is so much of the expenditure defrayed by the authority for capital purposes in the eighteen months ending at that time as is due to be, but at that time has not yet been, re-imbursed by any other person, excluding expenditure which is to be re-imbursed or met out of grants from a Community institution; and for this purpose it is immaterial whether the re-imbursement is due as a result of an obligation arising by statute, contract or otherwise or is to take the form of a grant or other obligation voluntarily undertaken.
If at any time an authority’s usable capital receipts exceed their approved investments and cash referred to in paragraph (d) of subsection (1) above, the amount taken into account under that paragraph shall be a negative amount.
Where an amount taken into account under paragraph (c) or paragraph (d) of subsection (1) above is a negative amount, it shall be a deduction in determining the total referred to in that subsection.
Any reference in this section to an authority’s usable capital receipts at any time is a reference to the usable part of the authority’s capital receipts so far as they have not been applied before that time.
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Without prejudice to any other provision of this Part under which a local authority are required or authorised to set aside any amount as provision to meet credit liabilities, in each financial year a local authority shall, by virtue of this section, set aside, from such revenue account or accounts as the authority think fit, as provision to meet credit liabilities, an amount determined by the authority, being not less than the minimum revenue provision for that year referred to in Part IV of Schedule 3 to this Act.
Where, by virtue of section 157 below, the Secretary of State makes to a local authority a commuted payment, within the meaning of that section, the authority shall, at the time the payment is received, set aside an amount equal to that payment as provision to meet credit liabilities.
If, otherwise than by virtue of section 157 below, the Secretary of State or any other Minister of the Crown commutes into a single payment (or into a smaller number of payments than would otherwise be payable) sums which would otherwise have been paid to a local authority annually or by reference to any other period of time, the authority shall, at the time that single payment or, as the case may be, each of that smaller number of payments is received, set aside an amount equal to the payment as provision to meet credit liabilities.
Where a local authority receive any sum by way of grant from a Community institution towards the authority’s expenditure on capital purposes, they shall at the time the sum is received, set aside an amount equal to that sum as provision to meet credit liabilities.
A determination under subsection (1) above shall be made not later than 30th September in the financial year following that to which the determination relates.
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Amounts for the time being set aside by a local authority (whether voluntarily or pursuant to a requirement under this Part) as provision to meet credit liabilities may, subject to subsection (2) below, be applied only for one or more of the following purposes—
to meet any liability of the authority in respect of money borrowed by the authority, other than a liability in respect of interest;
to meet any liability of the authority in respect of credit arrangements, other than those excluded by regulations under paragraph 11 of Schedule 3 to this Act; and
where a credit approval has been used as authority not to charge particular expenditure to a revenue account, to meet that expenditure.
Subject to the following provisions of this section if, on the date which is the relevant date for any financial year, a local authority’s credit ceiling, as determined under Part III of Schedule 3 to this Act, is a negative amount, any such amount as is referred to in subsection (1) above may in that financial year—
be applied for purposes specified by regulations made by the Secretary of State; or
be transferred to a body so specified.
The aggregate of the amounts which may be applied by a local authority in accordance with subsection (2) above in any financial year shall not exceed the amount by which the authority’s credit ceiling on the relevant date is less than nil.
References in subsections (2) and (3) above to the relevant date shall be construed as follows—
for the financial year beginning on 1st April 1990, the relevant date is that date; and
for any subsequent financial year, the relevant date is the last day of the preceding financial year.
Regulations under subsection (2) above may specify conditions with which a local authority must comply in applying or transferring any amount as mentioned in that subsection and with respect to any amount so applied or transferred; and an amount shall not be taken to be applied or transferred under that subsection unless any such conditions are complied with.
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The Secretary of State may serve on a local authority a notice requiring the authority to supply to him such information as is specified in the notice and is required by him— but no information shall be required for the purpose specified in paragraph (c) above unless it relates to, or to plans or proposals about, the finances and expenditure of the authority or of any company in which the authority have an interest.
for the purpose of deciding whether to exercise his powers, and how to perform his functions, under this Part; or
for the purpose of ascertaining whether an authority have acted, or are likely to act, in accordance with this Part; or
for the purpose of assisting the formulation of government economic policies;
If the information specified in a notice under this section is in the possession or under the control of the authority on whom the notice is served, the authority shall supply the information required in such form and manner, and at such time, as is specified in the notice and, if the notice so requires, the information shall be certified (according as is specified in the notice) in one or both of the following ways,—
by the chief finance officer of the authority, within the meaning of section 5 above, or by such other person as may be specified in the notice; and
under arrangements made by the Audit Commission for Local Authorities in England and Wales.
If a local authority fail to comply with subsection (2) above, the Secretary of State may decide— on the basis of such assumptions and estimates as he thinks fit.
whether to exercise his powers, and how to perform his functions, under this Part, or
whether the authority have acted, or are likely to act, in accordance with this Part,
In deciding— the Secretary of State may also take into account any other information available to him, whatever its source and whether or not obtained under a provision contained in or made under this or any other enactment.
whether to exercise his powers, and how to perform his functions, under this Part, or
whether an authority have acted, or are likely to act, in accordance with this Part,
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In this Part—
“approved investments” means investments approved for the purposes of this Part by regulations made by the Secretary of State;
“financial year” means the period of twelve months beginning on 1st April;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; and
“1980 Act receipt” has the meaning given by section 58(4) above.
For the purposes of this Part, a local authority—
incur a liability in respect of a payment at the time when they become unconditionally liable to make the payment; and
discharge a liability in respect of a payment at the time when they make the actual payment, whether or not they have at that time become unconditionally liable to do so.
In relation to a credit arrangement,—
any reference in this Part to consideration given or to be given by the local authority under the arrangement does not include a reference to any consideration which is given before the time the arrangement comes into being (as defined in section 48(3) above); and
any reference in this Part to a liability of the local authority under the arrangement does not include a reference to a liability which is met by the making of a payment before that time.
In relation to a local authority, references in this Part to proper practices are references to those accounting practices— but, in the event of any conflict in any respect between the practices falling within paragraph (a) above and those falling within paragraph (b) above, only those falling within paragraph (a) above are to be regarded as proper practices.
which the authority are required to follow by virtue of any enactment; or
which, whether by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned;
Subsection (4) above has effect not only for the purposes of this Act but also for the purposes of—
any enactment passed after or in the same Session as this Act; and
Part III of the Local Government Finance Act 1982 and the Local Government Finance Act 1988.
If, under or by virtue of any enactment, all or any of the liabilities of an authority (in this subsection referred to as “the original authority”) in respect of a loan to or borrowing (or money borrowed) by the authority have become liabilities of another local authority (in this subsection referred to as “the current authority”) then, in so far as regulations made by the Secretary of State so provide,—
in relation to the current authority, any reference in this Part to a loan to or borrowing (or money borrowed) by that authority includes a reference to the loan to or borrowing (or money borrowed) by the original authority; and
if the original authority is a local authority for the purposes of this Part, any reference to a loan to or borrowing (or money borrowed) by that authority excludes a reference to the loan, borrowing (or money borrowed) in respect of which the liabilities have become those of the current authority.
For the avoidance of doubt, except as provided by section 44(5) above, any reference in this Part to borrowing by a local authority does not include a reference to the temporary use by an authority of money forming part of a particular fund of the authority for a purpose other than that of the fund.
Any reference in this Part to a company is a reference to a body corporate of one of the following descriptions—
a company limited by shares;
a company limited by guarantee and not having a share capital;
a company limited by guarantee and having a share capital;
an unlimited company;
a society registered or deemed to be registered ... under the Industrial and Provident Societies Act (Northern Ireland) 1969.
a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014; and
Expressions used in paragraphs (a) to (d) of subsection (1) above have the same meaning as in the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006).
Any reference in this Part to a local authority is a reference to a body of one of the following descriptions—
a county council;
a district council;
a county borough council;
a London borough council;
a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
the Common Council of the City of London in its capacity as a local authority, police authority or port health authority;
the Council of the Isles of Scilly;
the Greater London Authority;
a parish council;
a functional body, within the meaning of the Greater London Authority Act 1999;
a community council;
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;
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an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);
a joint authority established by Part IV of that Act (fire and rescue services and transport);
any body established pursuant to an order under section 67 of that Act (successors to residuary bodies);
the Greater London Magistrates’ Courts Authority;
the Broads Authority;
any joint board the constituent members of which consist of any of the bodies specified above;
a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;
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a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;
a Passenger Transport Executive.
a National Park authority;
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; and
Any power to make an order under this Part shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and under any such power different provision maybe made for different cases and different descriptions of cases (including different provision for different areas).
The power under subsection (4) above to make differential provision includes, in particular, power to make different provision for different local authorities or descriptions of local authority.
For the purposes of this Part, unless the Secretary of State otherwise directs, a company is for the time being under the control of a local authority if— and, for the purposes of paragraph (d) above, any question whether one company is under the control of another shall be determined by applying the preceding provisions of this subsection, substituting a reference to the other company for any reference to the local authority.
the company is at that time a subsidiary (as defined in section 1159 of the Companies Act 2006) of the local authority; or
paragraph (a) above does not apply but the local authority have at that time power to control a majority of the votes at a general meeting of the company as mentioned in subsection (3) below; or
paragraph (a) above does not apply but the local authority have at that time power to appoint or remove a majority of the board of directors of the company; or
the company is under the control of another company which, by virtue of this subsection, is itself under the control of the local authority;
A direction under subsection (1) above—
may be limited in time and may be made conditional upon such matters as appear to the Secretary of State to be appropriate; and
may be made with respect to a particular company or a description of companies specified in the direction.
The reference in subsection (1)(b) above to a power to control a majority of votes at a general meeting of the company is a reference to a power which is exercisable—
in the case of a company limited by shares, through the holding of equity share capital in any one or more of the following ways, namely, by the local authority, by nominees of the local authority and by persons whose shareholding is under the control of the local authority; or
in the case of any company, through the holding of votes at a general meeting of the company in any one or more of the following ways, namely, by the local authority, by a group of members of the company the composition of which is controlled by the local authority and by persons who have contractually bound themselves to vote in accordance with the instructions ofthe local authority; or
partly in one of those ways and partly in the other.
Paragraph 3 of Schedule 6 to the Companies Act 2006 (right to appoint or remove a majority of a company's board of directors) and the following paragraphs of that Schedule as they have effect in relation to paragraph 3 apply for the purposes of subsection (1)(c) above with the substitution for the word “right”, wherever it occurs, of the word “power”.
For the purposes of subsection (3)(a) above, a person’s shareholding is under the control of a local authority if—
his right to hold the shares arose because of some action which the authority took, or refrained from taking, in order to enable him to have the right; and
the local authority, alone or jointly with one or more other persons can require him to transfer his shareholding (or any part of it) to another person.
Notwithstanding that, by virtue of the preceding provisions of this section, a company is for the time being under the control of a local authority, the company is for the purposes of this Part an “arm’s length company”, in relation to any financial year if, at a time before the beginning of that year, the authority resolved that the company should be an arm’s length company and, at all times from the passing of that resolution up to the end of the financial year in question, the following conditions have applied while the company has been under the control of the local authority,—
that each of the directors of the company was appointed for a fixed term of at least two years;
that, subject to subsection (7) below, no director of the company has been removed by resolution under section 168 of the Companies Act 2006;
that not more than one-fifth of the directors of the company have been members or officers of the authority;
that the company has not occupied (as tenant or otherwise) any land in which the authority have an interest otherwise than for the best consideration reasonably obtainable;
that the company has entered into an agreement with the authority that the company will use its best endeavours to produce a specified positive return on its assets;
that, except for the purpose of enabling the company to acquire fixed assets or to provide it with working capital, the authority have not lent money to the company or guaranteed any sum borrowed by it or subscribed for any securities in the company;
that the authority have not made any grant to the company except in pursuance of an agreement or undertaking entered into before the financial year (within the meaning of the Companies Act 2006) of the company in which the grant was made; and
that the authority have not made any grant to the company the amount of which is in any way related to the financial results of the company in any period.
If the Secretary of State so directs, the removal of a director shall be disregarded for the purposes of subsection (6)(b) above; but the Secretary of State shall not give such a direction if it appears to him that the director was removed with a view to influencing the management of the company for other than commercial reasons.
For the purposes of this Part, unless the Secretary of State otherwise directs, a company which is not at the time under the control of a local authority is for the time being subject to the influence of a local authority if it is not a banking or insurance company or a member of a banking or insurance group and at that time there is such a business relationship between the company and the authority as is referred to in subsection (3) below and either—
at least 20 per cent. of the total voting rights of all the members having the right to vote at a general meeting of the company are held by persons who are associated with the authority as mentioned in subsection (5) below; or
at least 20 per cent. of the directors of the company are persons who are so associated; or
at least 20 per cent. of the total voting rights at a meeting of the directors of the company are held by persons who are so associated.
A direction under subsection (1) above—
may be limited in time and may be made conditional upon such matters as appear to the Secretary of State to be appropriate; and
may be made with respect to a particular company or a description of companies specified in the direction.
For the purposes of this section there is a business relationship between a company and a local authority at any time if the condition in any one or more of the following paragraphs is fulfilled—
within a period of twelve months which includes that time the aggregate of the payments to the company by the authority or by another company which is under the control of the authority represents more than one-half of thecompany’s turnover, as shown in its profit and loss account for the most recent financial year for which the company’s auditors have made a report on the accounts or, if there is no such account, as estimated by the authority for the period of twelve months preceding the date of the estimate or for such part of that period as follows the formation of the company;
more than one-half of the company’s turnover referred to in paragraph (a) above is derived from the exploitation of assets of any description in which the local authority or a company under the control of the authority has an interest (disregarding an interest in land which is in reversion on a lease granted for more than 7 years);
the aggregate of— exceeds one-half of the net assets of the company;
grants made either by the authority and being expenditure for capital purposes or by a company under the control of the authority, and
the nominal value of shares or stock in the company which is owned by the authority or by a company under the control of the authority,
the aggregate of— exceeds one-half of the fixed and current assets of the company;
grants falling within paragraph (c)(i) above,
loans or other advances made or guaranteed by the authority or by a company under the control of the authority, and
the nominal value referred to in paragraph (c)(ii) above,
the company at that time occupies land by virtue of an interest which it obtained from the local authority or a company under the control of the authority and which it so obtained at less than the best consideration reasonably obtainable; and
the company intends at that time to enter into (or complete) a transaction and, when that is done, there will then be a business relationship between the company and the authority by virtue of any of paragraphs (a) to (e) above.
In subsection (3) above— and in either case, the reference is a reference to those assets as shown in the most recent balance sheet of the company on which, at the time in question, the auditors have made a report or, if there is no such balance sheet, as estimated by the local authority for the time in question.
the reference in paragraph (c) to the net assets of the company shall beconstrued in accordance with section 677(2) and (3) of the Companies Act 2006; and
“fixed assets” means assets of a company that are intended for use on a continuing basis in the company's activities, and “current assets” means assets not intended for such use;
For the purposes of this section, a person is at any time associated with a local authority if—
he is at that time a member of the authority;
he is at that time an officer of the authority;
he is at that time both an employee and either a director, manager, secretary or other similar officer of a company which is under the control of the authority; or
at any time within the preceding four years he has been associated with the authority by virtue of paragraph (a) above.
If and to the extent that the Secretary of State by order so provides, a person is at any time associated with a local authority if—
at that time he is, or is employed by or by a subsidiary of, a person who for the time being has a contractual relationship with the authority to provide—
advice with regard to the authority’s interest in any company (whether existing or proposed to be formed), or
advice with regard to the management of an undertaking or the development of land by a company (whether existing or proposed to be formed) with which it is proposed that the authority should enter into any lease, licence or other contract or to which it is proposed that the authority should make any grant or loan, or
services which facilitate the exercise of the authority’s rights in any company (whether by acting as the authority’s representative at a meeting of the company or as a director appointed by the authority or otherwise);
at any time within the preceding four years, he has been associated with the authority by virtue of paragraph (b) or paragraph (c) of subsection (5)above;
he is at that time the spouse or civil partner of, or carries on business in partnership with, a person who is associated with the authority by virtue of subsection (5)(a) above; or
he holds a relevant office in a political association or other body which, in the nomination paper of a person who is an elected member of the authority, formed part of that person’s description.
For the purposes of subsection (6)(d) above, an office in a political association or body is relevant to a local authority in the following circumstances—
if the association or body is active only in the area of the local authority, any office in it is relevant; and
in any other case, an office is relevant only if it is in a branch or other part of the association or body which is active in the area of the local authority.
In relation to a company which is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, any reference in this section to the directors of the company is a reference to the members of the committee of management.
Subject to subsections (4) and (8) and section 67 above, expressions used in this section have the same meaning as in the Companies Acts (as defined in section 2 of the Companies Act 2006).
In relation to companies under the control of local authorities and companies subject to the influence of local authorities, the Secretary of State may by order make provision regulating, forbidding or requiring the taking of certain actions or courses of action; and an order under this subsection may—
make provision in relation to those companies which are arm’s length companies different from that applicable to companies which are not; and
make provision in relation to companies under the control of local authorities different from that applicable in relation to companies under the influence of local authorities.
It shall be the duty of every local authority to ensure, so far as practicable, that any company under its control complies with any provisions made by order under subsection (1) above which are for the time being applicable to it; and if a local authority fails to perform that duty in relation to any company, any payment made by the authority to that company and any other expenditure incurred bythe authority in contravention of any such provisions shall be deemed for the purposes of the Audit Commission Act 1998 and Part 2 of the Public Audit (Wales) Act 2004 to be expenditure which is unlawful.
In order to secure compliance, in relation to companies subject to the influence of a local authority, with provisions made by virtue of subsection (1) above, an order under that subsection may prescribe requirements to be complied with by the local authority in relation to conditions to be included in such leases, licences, contracts, gifts, grants or loans as may be so prescribed which are made with or to a company subject to the influence of the local authority.
It shall be the duty of a local authority to comply with any requirements for the time being applicable to it under subsection (3) above; and if a local authority fails to perform that duty, any expenditure which is incurred by the local authority under the lease, licence, contract, gift, grant or loan in question shall be deemed for the purposes of the Audit Commission Act 1998 and Part 2 of the Public Audit (Wales) Act 2004 to be expenditure which is unlawful.
Without prejudice to the generality of the power conferred by subsection (1) above, an order under that subsection may make provision requiring acompany or local authority to obtain the consent of the Secretary of State, or of the Audit Commission for Local Authorities and the National Health Service in England or of the Auditor General for Wales, before taking any particular action or course of action.
An order under subsection (1) may be made in relation to—
all local authorities,
particular local authorities, or
particular descriptions of local authority.
In relation to a local authority, subsection (2) below applies to any company other than— and in this section an “authorised company” means a company falling within paragraph (b) above.
a company which is or, if the action referred to in that subsection is taken, will be under the control of the local authority; and
a company of a description specified for the purposes of this section by an order made by the Secretary of State;
Except with the approval of the Secretary of State, in relation to acompany to which this subsection applies, a local authority may not—
subscribe for, or acquire, whether in their own name or in the name of a nominee, any shares or share warrants in the company;
become or remain a member of the company if it is limited by guarantee;
exercise any power, however arising, to nominate any person to become a member of the company;
exercise any power to appoint directors of the company;
permit any officer of the authority, in the course of his employment, to make any such nomination or appointment as is referred to in paragraph (c) or paragraph (d) above; or
permit an officer of the authority, in the course of his employment, to become or remain a member or director of the company.
Any approval of the Secretary of State under subsection (2) above may be general or relate to any specific matter or company.
A local authority may not take any action, or refrain from exercising any right, which would have the result that a person who is disqualified from membership of the authority (otherwise than by being employed by that or any other local authority or by a company which is under the control of a local authority) becomes a member or director of an authorised company or is authorised, in accordance with section 323 of the Companies Act 2006, to act as the authority’s representative at a general meeting of an authorised company (or at meetings of an authorised company which include a general meeting).
In any case where,— the authority shall make arrangements (whether by standing orders or otherwise) for enabling members of the authority, in the course of proceedings of the authority (or of any committee or sub-committee thereof), or, where a local authority is operating executive arrangements under Part II of the Local Government Act 2000, for enabling members of the executive, in the course of proceedings of the executive (or of any committee of the executive), to put to the member or officer concerned questions about the activities of the company.
in accordance with section 323 of the Companies Act 2006, a local authority have authorised a member or officer of the authority to act as mentioned in subsection (4) above, or
a member or officer of a local authority has become a member or director of an authorised company as mentioned in subsection (7) below,
Nothing in subsection (5) above shall require the member or officer referred to in that subsection to disclose any information about the company which has been communicated to him in confidence.
Any member or officer of a local authority who has become a member or director of an authorised company by virtue of— shall make a declaration to the authority, in such form as they may require, of any remuneration or re-imbursement of expenses which he receives from the company as a member or director or in respect of anything done on behalf of the company.
a nomination made by the authority, or
election at a meeting of the company at which voting rights were exercisable (whether or not exercised) by the authority or by a person bound to vote in accordance with the instructions of the authority, or
an appointment made by the directors of another company, the majority of whom became directors of that company by virtue of a nomination made by the authority or election at a meeting of the company at which voting rights were exercisable as mentioned in paragraph (b) above,
Subject to section 67 above, expressions used in this section have the same meaning as in the Companies Acts (as defined in section 2 of the Companies Act 2006).
The Secretary of State may by order made by statutory instrument adapt theprovisions of section 69 above so as to make them applicable to trusts which are not charitable; and, subject to subsection (2) below, this Part shall apply in relation to trusts which are subject to local authority influence by virtue of that section as so adapted as it applies in relation to companies which are subject to local authority influence.
In the exercise of the power conferred by section 70 above, as applied in relation to trusts by subsection (1) above, the Secretary of State may make different provision for trusts as compared with companies.
In any case where— the company shall be treated for the purposes of this Part as under the control of each of the two or more local authorities mentioned in paragraph (b) above.
apart from this section a company would not be under the control of anyone local authority, but
if the actions, powers and interests of two or more local authorities were treated as those of one authority alone, the company would be under the control of that one authority,
In any case where, apart from this section, a company would not be treated as being subject to the influence of any one local authority, it shall be treated as being subject to the influence of each of a number of local authorities (in this section referred to as a “group”) if the conditions in subsection (3) below are fulfilled with respect to the company and the group of authorities.
The conditions referred to in subsection (2) above are—
that at least one of the conditions in paragraphs (a) to (e) of subsection (3) of section 69 above would be fulfilled—
if any reference therein to the company being under the control of a local authority were a reference to its being under the control of any one of the authorities in the group or of any two or more of them taken together; and
if any other reference therein to the local authority were a reference to any two or more of the authorities in the group taken together; and
that at least one of the conditions in paragraphs (a) to (c) of subsection(1) of section 69 above would be fulfilled if any reference therein to the local authority were a reference to those local authorities who are taken into account under sub-paragraph (i) or sub-paragraph (ii) of paragraph (a) above taken together; and
that if the condition (or one of the conditions) which would be fulfilled as mentioned in paragraph (b) above is that in subsection (1)(a) of section 69 above, then, so far as concerns each local authority in the group, at least one person who, in terms of subsection (5) of that section, is associated with that authority has the right to vote at a general meeting of the company; and
that, if paragraph (c) above does not apply, then, so far as concerns each local authority in the group, a person who, in terms of section 69(5) above, is associated with the authority is a director of the company.
For the purposes of this Part, anything done, and any power exercisable,by a committee or sub-committee of a local authority, or by any of the authority’s officers or, where a local authority is operating executive arrangements under Part II of the Local Government Act 2000, by the authority’s executive, any committee of the executive, or any member of the executive, shall be treated as done or, as the case may be,exercisable by the authority.
For the purposes of this Part, anything done, and any power exercisable,by a joint committee of two or more local authorities or by a sub-committee of such a joint committee shall be treated as done or, as the case may be, exercisable by each of the local authorities concerned.
A local housing authority shall keep, in accordance with proper practices, an account, called the “Housing Revenue Account”, of sums falling to be credited or debited in respect of—
houses and other buildings which have been provided under Part II of the Housing Act 1985 (provision of housing);
land which has been acquired or appropriated for the purposes of thatPart;
houses purchased under section 192 of that Act (purchase of house foundon appeal against repair notice to be unfit and beyond repair at reasonable cost);
dwellings in respect of which a local authority have received assistance under section 1 or section 4(2A) of the Housing (RuralWorkers) Act 1926;
any property which— was brought within the corresponding account kept under Part XIII of the Housing Act 1985 for years beginning before 1st April 1990; and
with the consent of the Secretary of State given under section 417(1) of the Housing Act 1985,
with the consent of a Minister given under section 50(1)(e) of the Housing (Financial Provisions) Act 1958, or
by virtue of section 50(2) of that Act (houses vesting in local authority on default of another person),
such land, houses or other buildings not within the preceding paragraphsas the Secretary of State may direct.
References in subsection (1) above and the other provisions of this Part to provisions of the Housing Act 1985 include, where the context so admits, references to the corresponding provisions of earlier enactments; and the reference in paragraph (b) of that subsection to land acquired for the purposes of Part II of that Act includes—
land which a local authority were deemed to have acquired under Part V of the Housing Act 1957 by virtue of section 57(6) of that Act (land acquired for re-development in pursuance of re-development plan) before the repeal of that section on 25th August 1969; and
any structures on such land which were made available to a local authority under section 1 of the Housing (Temporary Accommodation) Act 1944 (prefabs).
Paragraphs (a) to (e) of subsection (1) above shall not apply to— and paragraph (a) of that subsection shall not apply to houses and other buildings provided on or before 6th February 1919.
land, houses or other buildings disposed of by the authority;
land acquired by the authority for the purpose of disposing of houses provided, or to be provided, on the land, or of disposing of the land to a person who intends to provide housing accommodation on it or facilities which serve a beneficial purpose in connection with the requirements of persons for whom housing accommodation is provided;
houses provided by the authority on land so acquired; or
such land, houses or other buildings as the Secretary of State may direct;
A local housing authority not possessing property to which subsection (1)above applies shall nevertheless keep a Housing Revenue Account unless the Secretary of State consents to their not doing so and they comply with such conditions (if any) as may be specified in the consent.
In this Part—
references to the houses or other property of an authority within the authority’s Housing Revenue Account are references to the houses, dwellings or other property to which subsection (1) above for the time being applies;and
references (however expressed) to a disposal are references to a conveyance of the freehold, or a grant or assignment of a lease (other than a shared ownership lease) which is a long tenancy within the meaning given by section 115 of the Housing Act 1985 or which is a long tenancy within the meaning given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1).
Sections 417 to 420 of, and Schedule 14 to, the Housing Act 1985 (which are superseded by this section, sections 75 to 78 below and Schedule 4 to this Act) shall cease to have effect.
Schedule 4 to this Act shall have effect with respect to the keeping of a local housing authority’s Housing Revenue Account, as follows— Part I - Credits to the account. Part II - Debits to the account. Part III - Special cases. Part IV - Supplementary provisions.
This section applies where for any year (“the relevant year”) a local housing authority who are required to keep a Housing Revenue Account possess any houses or other property within the account.
The authority shall, during the months of January and February immediately preceding the relevant year, formulate proposals which satisfy the requirements of subsection (3) below and relate to—
the income of the authority for the year from rents and other charges in respect of houses and other property within their Housing Revenue Account;
the expenditure of the authority for the year in respect of the repair,maintenance, supervision and management of such property; and
such other matters connected with the exercise of the authority’s functions in relation to such property as the Secretary of State may direct.
Proposals formulated by the authority under subsection (2) above satisfy the requirements of this subsection at any time if, on the assumption that thefollowing will prove correct, namely— implementation of the proposals will secure that the account for that year does not show a debit balance.
the best assumptions that they are able to make at that time as to all matters which may affect the amounts falling to be credited or debited to their Housing Revenue Account for the relevant year; and
the best estimates that they are able to make at that time of the amounts which, on those assumptions, will fall to be so credited or debited,
No assumptions shall be made under subsection (3) above as to the exerciseby the Secretary of State of any power except on the basis of information published by him or on his behalf or supplied by him to the authority.
Subject to subsections (6) and (7) below, the authority shall implement the proposals formulated by them under subsection (2) above.
The authority shall from time to time determine whether the proposals formulated under subsection (2) above satisfy the requirements of subsection(3) above; and—
termine that question in the affirmative, they may make such revisions of the proposals as they think fit, so long as the proposals (as so revised) continue to satisfy those requirements;
if they determine that question in the negative, they shall make such revisions of the proposals as are reasonably practicable towards securing that the proposals (as so revised) satisfy those requirements.
Where the proposals formulated under subsection (2) above are revised under subsection (6) above, subsections (3) to (6) above shall apply inrelation to the proposals as so revised as they applied in relation to the proposals as originally formulated.
The authority shall, within one month of formulating their proposals under subsection (2) above, or of revising those proposals under subsection (6)above, prepare a statement setting out— and a direction under paragraph (c) above may specify the manner in which the particulars are to be set out in the statement.
those proposals as so formulated or so revised;
the estimates made by them under subsection (3)(b) above on the basis of which those proposals were so formulated or so revised; and
such other particulars relating to those proposals and estimates as the Secretary of State may direct;
The authority shall, until the end of the year next following the relevant year, keep copies of the statement which is for the time being the latest statement prepared by them under subsection (8) above available for inspection by the public without charge at all reasonable hours at one or more of their offices; and any person shall be entitled to take copies of, or extracts from,that statement when so made available.
A local housing authority who are required to keep a Housing RevenueAccount may also keep, in accordance with proper practices, an account called the “Housing Repairs Account”.
An authority who keep a Housing Repairs Account shall carry to the credit of the account for any year—
sums transferred for the year from their Housing Revenue Account; and
sums receivable by the authority for the year in connection with the repair or maintenance of houses or other property within their Housing Revenue Account (either from their tenants or from the sale of scrapped or salvaged materials).
The authority shall carry to the debit of the account for any year—
all expenditure incurred by them for the year in connection with therepair or maintenance of houses or other property within their Housing Revenue Account;
such expenditure incurred by them for the year in connection with the improvement or replacement of houses or other property within their Housing Revenue Account as may from time to time be determined by the Secretary of State; and
sums transferred for the year to the Housing Revenue Account in accordance with subsection (5) below.
The authority shall secure that sufficient credits are carried to the account to secure that no debit balance is shown in the account for any year.
The authority may carry some or all of any credit balance in the account for any year to the credit of their Housing Revenue Account.
So much of any credit balance shown in an authority’s Housing Repairs Account at the end of the year beginning 1st April 1989 as is not carried tothe credit of their Housing Revenue Account for that year shall be carried forward and credited to some other revenue account of theirs for the year beginning 1st April 1990.
The Secretary of State may give directions as to the accounting practices (whether actual or prospective) which are to be followed by a local housing authority in the keeping of their Housing Revenue Account or Housing RepairsAccount.
The Secretary of State may give directions as to what items or amounts are to be regarded as referable to property within a local housing authority’s Housing Revenue Account where one or more parts of a building have been disposed of but the common parts remain property within that account.
Any such direction also has effect for the purposes of any Housing Repairs Account kept by the authority.
Directions under this section may give the authority a discretion as to whether items or amounts are accounted for in the Housing Revenue Account or any Housing Repairs Account or in another revenue account.
In this section “common parts” includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more parts of the building.
This section applies where work is carried out by a local housing authority which has successfully bid for the work on a competitive basis.
The Secretary of State may give directions—
to secure that the amount debited to the Housing Revenue Account or any Housing Repairs Account of the authority in respect of the work reflects the amount of the authority’s successful bid for the work rather than expenditure actually incurred;
allowing an authority to credit to its Housing Revenue Account any surpluses reasonably attributable to work undertaken on or in connection with property within that account.
Directions under subsection (2)(a) may make provision for determining the amount to be treated as the amount of the authority’s successful bid. References in this Part to expenditure shall be construed as references to the amount falling to be debited in accordance with the directions.
Directions under subsection (2)(b) may make provision as to the ascertainment of the surpluses referred to and the circumstances in which a surplus is or is not to be taken to be attributable to property within an authority’s Housing Revenue Account.
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Housing Revenue Account subsidy shall be payable for each year to local housing authorities.
Housing Revenue Account subsidy shall be paid by the Secretary of State at such times, in such manner and subject to such conditions as to records, certificates, audit or otherwise as he may, with the agreement of the Treasury, determine.
Sections 421 to 427A of the Housing Act 1985 (which are superseded, in their application to local housing authorities, by this section and sections 80 and 86 below) shall cease to apply in relation to such authorities.
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The amount of Housing Revenue Account subsidy (if any) payable to a local housing authority for a year shall be calculated in accordance with such formulae as the Secretary of State may from time to time determine; and for any year the first such determination shall be made before the 25th December immediately preceding that year.
If the amount so calculated is a negative amount, the authority shall for that year carry the equivalent positive amount from their Housing Revenue Account to the credit of some other revenue account of theirs.
In determining a formula for the purposes of this section for any year, the Secretary of State may include variables framed (in whatever way he considers appropriate) by reference to— and the Secretary of State may make any determination falling to be made for the purposes of a formula on the basis of information received by him on or before such date as he thinks fit.
any amounts which fall to be or were credited or debited to the authority’s Housing Revenue Account for that year or any previous year;
any amounts which, on such assumptions as the Secretary of State may determine (whether or not borne out or likely to be borne out by events), would fall to be or would have been so credited or debited; and
such other 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;
Without prejudice to the generality of subsection (3) above, a formula may require it to be assumed that the amount for any year of the rental income or housing expenditure of each authority (or each authority in England or in Wales) is to be determined— and in this subsection “rental income” means income falling within item 1 of Part I of Schedule 4 to this Act and “housing expenditure” means expenditure falling within item 1 of Part II of that Schedule or falling to be debited to the authorities' Housing Repairs Accounts.
by taking the amount which the Secretary of State considers (having regard, amongst other things, to past and expected movements in incomes, costs and prices) should be or should have been the aggregate amount for that year of the rental incomes or, as the case may be, the housing expenditure of all of the authorities (or all of the authorities in England or Wales) taken together; and
by apportioning that amount between them in such manner as the Secretary of State considers appropriate (which may involve, if he thinks fit, inferring the aggregate values of the houses and other property within their respective Housing Revenue Accounts from the average values of any of the houses and other property which they have disposed of);
In subsection (2) of section 30 of the Social Security Act 1986 (housing benefit finance), for the words “total housing benefit” there shall be substituted the words “relevant benefit” and there shall be added at the end the words “and in this subsection “relevant benefit” means total housing benefit excluding, in the case of a local authority in England and Wales, any Housing Revenue Account rebates granted by them”.
In subsection (5)(a) of that section, for sub-paragraphs (i) and (ii) there shall be substituted the words “for the credit of a revenue account of theirs which is not a Housing Revenue Account or Housing Repairs Account”.
For subsection (6) of that section there shall be substituted the following subsection—
In subsection (10) of that section, the words “rate fund” shall cease to have effect.
In section 84(1) of that Act (general interpretation), in the definition of “Housing Revenue Account dwelling” for the words from “Part XIII of the Housing Act 1985)” to the end there shall be substituted the words “Part VI of the Local Government and Housing Act 1989)”.
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Where, in the case of any local housing authorities to whom no housing subsidy is payable for the year beginning 1st April 1989, houses or other property within their respective Housing Revenue Accounts— residual debt subsidy shall be payable for that year to those authorities in respect of costs relating to the houses or other property.
are disposed of in that year, or
are in that year the subject of such other transactions as the Secretary of State may determine,
Residual debt subsidy shall be paid by the Secretary of State at such times, in such manner and subject to such conditions as to records, certificates, audit or otherwise as he may, with the agreement of the Treasury, determine.
Payment of residual debt subsidy shall be subject to the making of a claim for it in such form, and containing such particulars, as the Secretary of State may from time to time determine.
Residual debt subsidy paid to a local housing authority shall be credited to the authority’s Housing Revenue Account and, accordingly, for the year beginning 1st April 1989 the reference to housing subsidy in item 3 in Part I of Schedule 14 to the Housing Act 1985 shall be taken to include a reference to residual debt subsidy.
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The amount of the residual debt subsidy (if any) payable to a local housing authority shall be calculated—
in accordance with such formulae as the Secretary of State may from time to time determine; and
by reference to such houses or other property as the Secretary of State may for the time being determine.
A determination of the Secretary of State under this section may relate to disposals or other transactions which occur before the making of the determination.
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In any case where, apart from this subsection and subsection (2) below, the amount of housing subsidy payable to a local housing authority for the year beginning 1st April 1989 would be reduced or extinguished as a result of the transfer from the authority to a housing action trust of housing, land or other property as mentioned in section 74 of the Housing Act 1988, the Secretary of State, in the exercise of his power under section 423(2) of the Housing Act 1985, may adjust the authority’s base amount for that year to take account of the effect of that transfer.
If, in accordance with subsection (1) above, the Secretary of State can make an adjustment of a local housing authority’s base amount for the year beginning 1st April 1989 to take account of a transfer of housing, land or other property to a housing action trust, he may, instead of or as well as making such an adjustment, take account of the effect of the transfer in the making or varying of any determination for that year under section 424 (housing costs differential) or in the making of any determination under section 425 (local contribution differential) of the Housing Act 1985.
Subsections (1) and (2) above shall be deemed to have been in force so as to be applicable for the year beginning 1st April 1989.
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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 exercise his functions under section 80 or 83 above.
A local housing authority shall supply the Secretary of State with such certificates supporting the information required by him as he may specify.
If a local housing authority, or any officer or employee of a local housing authority concerned with their housing functions, fails to comply with subsection (1) or (2) above before the end of such period as the Secretary of State may specify, he may exercise his functions under section 80 or 83 above on the basis of such assumptions and estimates as he sees fit.
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Where Housing Revenue Account subsidy or residual debt subsidy has been paid to a local housing authority and it appears to the Secretary of State that the case falls within rules published by him, he may recover from the authority the whole or such part of the payment as he may determine in accordance with the rules, with interest from such time and at such rates as he may so determine.
Without prejudice to other methods of recovery, a sum recoverable under this section may be recovered by withholding or reducing subsidy.
A determination made or direction given by the Secretary of State under this Part—
may make different provision for different cases or descriptions of cases, including different provision for different areas, for different local housing authorities or for different descriptions of local housing authorities;
may be made before, during or after the end of the year to which it relates; and
may be varied or revoked by a subsequent determination or direction.
Before making a determination or giving a direction under this Part relating to all local housing authorities or any description of such authorities, the Secretary of State shall consult such representatives of local government and relevant professional bodies as appear to him to be appropriate; and, before making a determination or giving a direction relating to a particular local housing authority, he shall consult that authority.
As soon as practicable after making a determination under this Part, the Secretary of State shall send a copy of the determination to the local housing authority or authorities to which it relates.
References in this section to sending to a local housing authority a copy of a determination under this Part include references to using electronic communications for sending a copy of a determination to such address as may for the time being be notified to the Secretary of State by that authority for that purpose.
For the purposes of this section a copy of a determination under this Part is also to be treated as sent to a local housing authority where—
the Secretary of State and that authority have agreed to the authority instead having access to determinations on a web site;
the determination is a determination to which that agreement applies;
the Secretary of State has published the determination on a web site;
that authority is notified, in a manner for the time being agreed for the purpose between that authority and the Secretary of State, of—
the publication of the determination on a web site;
the address of that web site; and
the place on that web site where the determination may be accessed, and how it may be accessed.
A local housing authority which is no longer willing to accept electronic communications for the sending of copies of determinations under this Part, may withdraw a notification of an address given to the Secretary of State for the purposes of subsection (4) above and such a withdrawal shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the Secretary of State that it wants to withdraw the notification of the address given.
A local housing authority which has entered into an agreement with the Secretary of State under paragraph (a) of subsection (5) above may revoke the agreement and such a revocation shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the Secretary of State that it wants to revoke the agreement.
In this Part—
expressions which are used in Part XIII of the Housing Act 1985 (general financial provisions) have the same meaning as in that Part;
references to a local housing authority’s Housing Revenue Account or Housing Repairs Account include, where the context so admits, references to the corresponding account kept by them under that Part;
“the appropriate person” means—
in relation to England, the Secretary of State, and
in relation to Wales, Welsh Ministers;
references to a revenue account of a local housing authority other than their Housing Revenue Account do not include references to a Housing Repairs Account; and
references to proper practices shall be construed in accordance with section 21 of the Local Government Act 2003 ; and
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—
by means of an electronic communications network; or
by other means but while in an electronic form;
“address”, in relation to electronic communications, includes any number or address used for the purposes of such communications.
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... This Part has effect for years beginning on or after 1st April 1990.
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that, if this Part were then in force, he would make, under section 83 above, such a determination as is set out in the statement, and
that, when this Act is passed, he is to be regarded as having made under that section the determination set out in the statement,
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before the passing of this Act, and
before the making of such a statement as is referred to in subsection (4) above, and
in connection with a determination proposed to be set out in the statement,
Any consultation undertaken before the passing of this Act in connection with a determination proposed to be made under this Part shall be as effective, in relation to that determination, as if this Part had been in force at the time the consultation was undertaken.
The appropriate person may by order—
amend, repeal or re-enact provisions of sections 74 to 76 and 78 of, and Schedule 4 to, this Act;
provide for any such provisions—
not to apply, whether at all or in cases specified by the order or to authorities so specified;
to apply, whether generally or in cases so specified or to authorities so specified, subject to modifications so specified.
An order under this section may (in particular)—
add items to, or remove items from, Part 1 or 2 of Schedule 4 to this Act, or vary items of those Parts;
confer discretions, or expand, curtail or repeal discretions conferred, on the appropriate person or any other person;
be made before, during or after the end of any year to which it relates.
In subsection (2)(b) above “discretion” includes power to make a determination or give a direction.
An order under this section may—
contain such incidental, consequential, transitional or supplementary provisions (including provisions amending or repealing enactments), and such savings, as the appropriate person considers appropriate;
make different provision for different cases or authorities.
The power to make an order under this section is exercisable by statutory instrument.
The Secretary of State shall not make an order under this section unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.
Where a local housing authority, upon consideration of a report containing particulars of the matters mentioned in subsection (3) below and of any other matters which the authority consider relevant, are satisfied— then, subject to the following provisions of this Part, they may cause the area to be defined on a map and by resolution declare it to be a renewal area for the period specified in the declaration .
that the living conditions in an area within their district consisting primarily of housing accommodation are unsatisfactory, and
that those conditions can most effectively be dealt with by declaring the area to be a renewal area,
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any land which lies within a designated area, within the meaning of Part III of the Housing Act 1988 (housing action trusts); or
any parcel of land which is not contiguous with another parcel of land within the area.
The matters referred to in subsection (1) above are— and the report shall contain a recommendation, with reasons, as to whether a renewal area should be declared and, if so, the period for which the area should be a renewal area.
the living conditions in the area concerned;
the ways in which those conditions may be improved (whether by the declaration of a renewal area or otherwise);
the powers available to the authority (including powers available apart from this Act) if the area is declared to be a renewal area;
the authority’s detailed proposals for the exercise of those powers during the period that the area will be a renewal area (if so declared);
the cost of those proposals;
the financial resources available, or likely to be available, to the authority (from whatever source) for implementing those proposals; and
the representations (if any) made to the authority in relation to those proposals,
Subject to section 95 below, an area which is declared to be a renewal area shall be such an area—
until the end of the period specified in the declaration, or
if at any time during that period the local housing authority by resolution extend the period for which the area is to be a renewal area, until the end of the period specified in the resolution (unless further extended under this paragraph).
In considering whether— a local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State.
to declare an area to be a renewal area, or
to extend the period for which an area is to be a renewal area,
the consideration of any such representations.
Before exercising their power— a local housing authority shall take the steps required by subsection (7) below.
to declare an area to be a renewal area, or
to extend (or further extend) the period for which an area is to be a renewal area,
Those steps are such as appear to the authority best designed to secure—
that the detailed proposals referred to in subsection (3)(d) above or, where the authority are considering the extension of the period for which an area is to be a renewal area, such of those proposals as remain to be implemented, are brought to the attention of persons residing or owning property in the area; and
that those persons are informed of the name and address of the person to whom should be addressed inquiries and representations concerning those proposals.
A resolution under subsection (1) or (4)(b) above has effect from the day on which it is passed and is a local land charge.
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An area may not be declared to be a renewal area unless,— and in this subsection “specified” means specified by directions made by the Secretary of State.
the area contains not less than a specified minimum number of dwellings;
of the dwellings in the area, not less than a specified proportion are privately owned;
such conditions as may be specified with respect to the physical condition of the dwellings in the area and the financial circumstances of those living in the area are fulfilled; and
such other conditions as may be specified are fulfilled;
For the purposes of subsection (1)(b) above, a dwelling is privately owned unless a freehold or a leasehold interest in it is held by—
a local authority;
a new town corporation;
an urban development corporation;
a housing action trust; or
the Development Board for Rural Wales.
Expressions used in paragraphs (a) to (d) of subsection (2) above have the meaning assigned by section 4 of the Housing Act 1985.
In this section “dwelling” includes a house in multiple occupation.
As soon as may be after— a local housing authority shall take the steps required by subsection (2) below.
declaring an area to be a renewal area; or
extending (or further extending) the period for which an area is to be a renewal area,
provide, or secure the provision of, a service of information and advice to persons residing or owning property in the area who wish to carry out works to housing accommodation in the area;and
send to the Secretary of State the documents specified in subsection (2) below.
Those steps are such as appear to the authority best designed to secure—
that the resolution to which the declaration, or extension (or further extension) of the period, relates is brought to the attention of persons residing or owning property in the area; and
that those persons are informed of the name and address of the person to whom should be addressed inquiries and representations concerning action to be taken with respect to the renewal area.
Where a local housing authority have declared an area to be a renewal area, they shall from time to time publish, in such manner as appears to them best designed to secure that the information is brought to the attention of persons residing or owning property in the area, information with respect to— being such information as appears to them best designed to further the purpose for which the area was declared a renewal area.
the action they propose to take in relation to the area,
the action they have taken in relation to the area, and
the assistance available for the carrying out of works in the area,
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Where a local housing authority have declared an area to be a renewal area, the authority may exercise the powers conferred by this section.
For the purpose of securing or assisting in securing all or any of the objectives mentioned in subsection (3) below, the authority may acquire by agreement, or be authorised by the Secretary of State to acquire compulsorily, any land in the area on which there are premises consisting of or including housing accommodation or which forms part of the curtilage of any such premises; and the authority may provide housing accommodation on land acquired under this subsection.
The objectives referred to in subsection (2) above are—
the improvement or repair of the premises, either by the authority or by a person to whom they propose to dispose of the premises;
the proper and effective management and use of the housing accommodation, either by the authority or by a person to whom they propose to dispose of the premises comprising the accommodation; and
the well-being of the persons for the time being residing in the area.
For the purpose of effecting or assisting the improvement of the amenities in the area, the authority may acquire by agreement, or be authorised by the Secretary of State to acquire compulsorily, any land in the area (including land which the authority propose to dispose of to another person who intends to effect or assist the improvement of those amenities).
The authority may— ....
carry out works (including works of demolition) on land owned by the authority in the area (whether or not that land was acquired under subsection(2) or subsection (4) above); ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The authority may enter into an agreement with a housing association or other person under which, in accordance with the terms of the agreement, ... the authority’s functions under subsection (5) above are to be exercisable by that association or other person.
If after— the renewal area concerned ceases to be such an area or the land is excluded from the area, the provisions of the subsection in question shall continue to apply as if the land continued to be in a renewal area.
the authority have entered into a contract for the acquisition of land under subsection (2) or subsection (4) above, or
a compulsory purchase order authorising the acquisition of land under either of those subsections has been confirmed,
The powers conferred by this section are without prejudice to any power which a local housing authority may have under or by virtue of any other enactment.
A local housing authority who have declared a renewal area may exercise the powers of a local planning authority under sections 249 and 250 of the Town and Country Planning Act 1990 (extinguishment of right to use vehicles on certain highways) with respect to a highway in that area notwithstanding that they are not the local planning authority, but subject to the following provisions.
The local housing authority shall not make an application under subsection (2) or subsection (6) of section 249 (application to Secretary of State to make or revoke order extinguishing right to use vehicles) except with the consent of the local planning authority.
If the local housing authority are not also the highway authority, any such application made by them shall in the first place be sent to the highway authority who shall transmit it to the Secretary of State.
Where an order under subsection (2) of section 249 (order extinguishing right to use vehicles) has been made on an application made by a local housing authority by virtue of this section, any compensation under subsection (1) of section 250 (compensation for loss of access to highway) is payable by them instead of by the local planning authority.
Subject to subsection (2) below, a local housing authority may by resolution— and as soon as may be after passing such a resolution the authority shall take the steps required by subsection (5) below.
exclude land from a renewal area; or
declare that an area shall cease to be a renewal area;
Before exercising any power under subsection (1) above, an authority shall take such steps as appear to the authority best designed to secure—
that the proposed exclusion or cessation, as the case may be, is brought to the attention of persons residing or owning property in the area; and
that those persons are informed of the name and address of the person to whom should be addressed representations concerning the proposed exclusion or cessation.
the consideration of any such representations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a copy of the resolution; and
such other information with respect to the resolution as the Secretary of State may specify either generally or in any particular case.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
identifying the renewal area;
describing the effect of the resolution;
naming a place at which a copy of the resolution may be inspected at all reasonable times; and
in the case of a resolution excluding land, identifying the land excluded from the renewal area.
The authority shall take such . . . steps as appear to them best designed to secure that the resolution is brought to the attention of persons residing or owning property in the renewal area.
A resolution under subsection (1) above has effect from the day on which it is passed.
A resolution under subsection (1) above does not affect the continued operation of the provisions of this Part, or any other enactment relating to renewal areas, in relation to works begun before the date on which the exclusion or cessation takes effect; but the resolution does have effect with respect to works which have not been begun before that date, notwithstanding that expenditure in respect of the works has been approved before that date.
The Secretary of State may pay contributions to local housing authorities towards such expenditure incurred by them under this Part as he may determine.
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 be determined by the Secretary of State with the consent of the Treasury; and any determination under this subsection or subsection (1) above may be made generally, or with respect to a particular local housing authority ordescription of authority, including a description framed by reference to authorities in a particular area.
Contributions under this section shall be payable subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.
If, before the declaration of a renewal area, a local housing authority are satisfied that the rate of contributions which, in accordance with a determination under subsection (2) 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 contributions at a higher rate in respect of that area.
An application under subsection (4) above shall be made in such form and shall 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.
If an application under subsection (4) above is approved, the Secretary of State may pay contributions under subsection (1) above in respect of the area concerned at such higher rate as he may determine under subsection (2)above.
A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving not less than seven days’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises—
for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised;or
for the purpose of survey or valuation where the authority are authorised by this Part to acquire the premises compulsorily.
An authorisation for the purposes of this section—
shall be in writing stating the particular purpose or purposes for which the entry is authorised; and
shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
It is a summary offence intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or a person authorised to enter premises under subsection (1) above, in the performance of anything which that officer, authority or person is by this Part required or authorised to do.
A person who commits an offence under subsection (3) above is liable on conviction to a fine not exceeding level 3 on the standard scale.
In this section “owner”, in relation to premises,—
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or reversion, and
includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.
The provisions of this Part have effect in place of Part VIII of the Housing Act 1985 (housing action areas and general improvement areas) and, accordingly, after the appointed day, a local housing authority shall no longer have power under that Part to declare an area a housing action area or a general improvement area.
If, apart from this subsection, a general improvement area would remainin existence on the first anniversary of the appointed day, the area shall, by virtue of this section cease to be a general improvement area on that first anniversary.
In any case where, immediately before the appointed day, the period for which a housing action area has effect exceeds two years, the duration of that area shall, by virtue of this section, be such that, subject to subsection (4) below, it ends on the first anniversary of the appointed day.
Nothing in subsection (3) above affects the power of a local housing authority,—
by resolution under section 250(1)(b) of the Housing Act 1985, to bring a housing action area to an end; or
by resolution under section 251 of that Act, to extend, on one occasion only, the duration of a housing action area by a period of two years.
In the application of section 245 of the Housing Act 1985 (contributions by Secretary of State towards expenditure of local housing authorities relating to environmental works in housing action areas) in relation to expenditure— for subsection (2) of that section there shall be substituted the following subsection—
which was incurred on or after 14th June 1989, and
in respect of which no contribution under that section was paid before the appointed day,
In the application of section 259 of the Housing Act 1985 (contributions by Secretary of State towards expenditure of local housing authorities relating to general improvement areas) in relation to expenditure— for subsection (2) of that section there shall be substituted the following subsection—
which was incurred on or after 14th June 1989, and
in respect of which no contribution under that section was paid before the appointed day,
In the preceding provisions of this section “the appointed day” means the day appointed for the coming into force of this section.
Any power under this Part to give . . . guidance may be so exercised as to make different provision for different cases, different descriptions of cases and different areas and, in particular, with respect to different local housing authorities or descriptions of authority (including a description framed by reference to authorities in a particular area).
In this Part, except where the context otherwise requires,—
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.
Part XVII of the Housing Act 1985 (compulsory purchase and land compensation) applies in relation to this Part as if it were contained in that Act.
In accordance with this Part, grants are payable by local housingauthorities towards the cost of works required—
for the improvement or repair of dwellings, houses in multiple occupationor the common parts of buildings containing one or more flats; and
for the provision of dwellings or houses in multiple occupation by theconversion of a house or other building; and
for the provision of facilities for disabled persons in dwellings and inthe common parts of buildings containing one or more flats.
In this Part— and in the following provisions of this Part the expression “grant”, without more, means any of these types of grant.
a grant relating to the improvement or repair of a dwelling or to theprovision of dwellings by the conversion of a house or other building isreferred to as a “renovation grant”; and
a grant relating to the improvement or repair of the common parts of abuilding is referred to as a “common parts grant”; and
a grant for the provision of facilities for a disabled person in adwelling or in the common parts of a building containing one or more flats isreferred to as a “disabled facilities grant”; and
a grant for the improvement or repair of a house in multiple occupationor for the provision of a house in multiple occupation by the conversion ofa house or other building is referred to as an “HMO grant”;
No grant is payable under this Part if the person who would otherwisequalify as the applicant for the grant is—
a local authority;
a new town corporation;
an urban development corporation;
a housing action trust;
the Development Board for Rural Wales;
a joint authority established by Part IV of the LocalGovernment Act 1985;
a police authority established under section 3 of thePolice Act 1996;
a residuary body established by Part VII of that Act; or
an authority established under section 10(1) of that Act (waste disposal).
Expressions used in paragraphs (a) to (d) of subsection (3) above have themeanings assigned by section 4 of the Housing Act 1985.
The provisions of this Part have effect in place of the provisions of PartXV of the Housing Act 1985 (grants for works of improvement, repair andconversion), other than section 523 thereof (assistance for provision ofseparate service pipe for water supply), and, without prejudice to thegenerality of subsection (3) of section 195 below,—
any application made under section 461 of that Act which has not beenapproved by the local housing authority before the day appointed under section195 below for the coming into force of this section shall be of no effect onand after that day; and
any application under section 521 of that Act (schemes for grants forthermal insulation) in respect of which the applicant has not been notifiedbefore the day so appointed that he may proceed to execute works in accordancewith a scheme under that section shall be of no effect on and after that day.
No grant shall be paid unless an application for it is made to the local housing authority concerned in accordance with the provisions of this Part andis approved by them.
An application for a grant shall be in writing and shall specify thepremises to which it relates and contain—
particulars of the works in respect of which the grant is sought (in thisPart referred to as “the relevant works”);
unless the local housing authority otherwise direct in any particularcase, at least two estimates from different contractors of the cost ofcarrying out the relevant works;
particulars of any preliminary or ancillary services and charges inrespect of the cost of which the grant is also sought; and
such other particulars as may be prescribed.
In this Part “preliminary or ancillary services and charges”, in relationto an application for a grant, means services and charges which—
relate to the application and the preparation for and the carrying out ofworks; and
are specified for the purposes of this subsection by the Secretary ofState.
The Secretary of State may by regulations prescribe a form of applicationfor a grant and an application for a grant to which any such regulations applyshall not be validly made unless it is in the prescribed form.
A local housing authority may not entertain an application for a grant,other than a disabled facilities grant, unless they are satisfied that, at thedate of the application, the dwelling, common parts or house or other buildingconcerned was provided not less than the relevant period before that date.
In subsection (1) above—
“provided” means provided by construction or conversion; and
“the relevant period” means ten years or such other periodas the Secretary of State may by order provide.
Subject to subsection (4) and section 136 below, a local housing authoritymay not entertain an application for a grant, other than a common parts grant,unless they are satisfied that— and references in this Part to an “owner’s application" or a “tenant’s application” shall be construed accordingly.
the applicant has, or proposes to acquire, an owner’s interest in everyparcel of land on which the relevant works are to be carried out; or
in the case of an application for a renovation grant (other than anapplication in respect of works required for the provision of one or moredwellings by the conversion of a house or other building), the applicant isa tenant of the dwelling (alone or jointly with others) but does not have, orpropose to acquire, an owner’s interest in the dwelling; or
in the case of an application for a disabled facilities grant in respectof works to a dwelling, the applicant is a tenant of the dwelling (alone orjointly with others) but does not have, or propose to acquire, an owner’sinterest in the dwelling; or
in the case of an application for a disabled facilities grant in respectof works to the common parts of a building containing one or more flats, theapplicant is a tenant of a flat in the building (alone or jointly with others)but does not have, or propose to acquire, such an owner’s interest as isreferred to in paragraph (a) above;
In this Part “owner’s interest” means an interest which—
is held by the applicant alone or jointly with others; and
is either an estate in fee simple absolute in possession or a term ofyears absolute of which not less than five years remain unexpired at the dateof the application.
Where a local housing authority entertain an owner’s application made bya person who proposes to acquire the necessary interest, they shall notapprove the application until they are satisfied that he has done so.
In accordance with directions given by the Secretary of State, a localhousing authority may treat the condition in subsection (1)(a) above asfulfilled by a person who has, or proposes to acquire, an owner’s interest inonly part of the land concerned; and directions under this subsection may makedifferent provision with respect to different cases or descriptions of cases,including different provision for different areas.
A local housing authority may not entertain a tenant’s applicationunless—
the tenant is required by the terms of his tenancy to carry out therelevant works and his tenancy is not of a description excluded from thissubsection by an order made by the Secretary of State; or
his tenancy is of a description specified for the purposes of thissubsection by an order made by the Secretary of State; or
his application is for a disabled facilities grant.
A local housing authority may not entertain an application for a commonparts grant unless they are satisfied—
that, at the date of the application, at least the required proportion ofthe flats in the building concerned is occupied by occupying tenants; and
that the application is either a landlord’s common parts application ora tenants’ common parts application.
In this Part— and in any case where a tenancy is held by two or more persons jointly,those persons shall be regarded as a single occupying tenant in deciding, forthe purposes of paragraph (c) above, whether the application is made by atleast three-quarters of the occupying tenants referred to in that paragraph.
an “occupying tenant”, in relation to a flat in a building, isa person—
who has (alone or jointly with others) such an interest in the flat as ismentioned in any of paragraphs (b) to (e) of subsection (4) below; and
who occupies the flat as his only or main residence;
a “landlord’s common parts application”, in relation to worksto the common parts of a building, is an application for a common parts grantmade by a person who—
has (alone or jointly with others) such an interest in the building as ismentioned in paragraph (a) or paragraph (b) of subsection (4) below; and
has a duty or power to carry out the relevant works; and
a “tenants’ common parts application”, in relation to works tothe common parts of a building, is an application for a common parts grantmade, subject to subsection (3) below, by at least three-quarters of theoccupying tenants of the building who, under their tenancies, have a duty tocarry out, or to make a contribution in respect of the carrying out of, someor all of the relevant works;
For the purposes of paragraph (c) of subsection (2) above, a tenant whosetenancy is of a description specified for the purpose of that paragraph by anorder made by the Secretary of State shall be treated as an occupying tenantfalling within that paragraph; and a person who falls within paragraph (b)(i)of that subsection and has a duty or power to carry out any of the relevantworks may also join in a tenants’ common parts application; and, where sucha person does join in an application, he is in this Part referred to as a “participating landlord".
The interests referred to in subsection (2) above are as follows—
an estate in fee simple absolute in possession;
a term of years absolute of which not less than five years remainunexpired at the date of the application;
a tenancy to which section 1 of the Landlord andTenant Act 1954 or Schedule 10 to this Act applies (long tenancies at lowrents);
an assured tenancy, a protected tenancy, a secure tenancy, a protectedoccupancy or a statutory tenancy; and
a tenancy which satisfies such conditions as may be prescribed by ordermade by the Secretary of State.
The required proportion mentioned in subsection (1) above isthree-quarters or such other proportion as may be—
prescribed for the purposes of this section by an order made by theSecretary of State; or
approved by him, in relation to a particular case or description of case,on application made by the local housing authority concerned.
Subject to sections 126 and 136 below, a local housing authority may notentertain an application for a renovation grant or a disabled facilities grantunless it is accompanied by a certificate falling within one of subsections(2) to (5) below in respect of the dwelling, building or flat to which theapplication relates.
A certificate under this subsection (an “owner-occupationcertificate") certifies—
that the applicant has, or proposes to acquire, an owner’s interest in thedwelling or building; and
that he, or a member of his family, intends to live in the dwelling or,as the case may be, a flat in the building as his (or that member’s) only ormain residence for a period of not less than twelve months beginning on thecertified date.
A certificate under this subsection (a “tenant’s certificate")certifies—
that the applicant is a tenant of the dwelling who falls within paragraph(a) or paragraph (b) of subsection (5) of section 104 above or that hisapplication is a tenant’s application for a disabled facilities grant; and
that he or a member of his family intends to live in the dwelling or, asthe case may be, a flat in the building as his (or that member’s) only or mainresidence.
A certificate under this subsection (a “certificate of intendedletting") certifies that the applicant has or proposes to acquire anowner’s interest in the dwelling or building and intends to or already has letthe dwelling or, as the case may be, one or more flats in the building as aresidence—
to someone other than a member of his family; and
for a period of not less than five years beginning on the certified date;and
except where the application relates to a disabled facilities grant, ona tenancy which is not a long tenancy.
A certificate under this subsection (a “special certificate")certifies that the applicant has, or proposes to acquire, an owner’s interestin the dwelling or building and is an applicant of a class prescribed for thepurposes of this section.
A local housing authority may not entertain a tenant’s applicationunless—
it is also accompanied by a certificate of intended letting made by theperson who at the time of the application is the landlord under the tenancy;or
they consider it unreasonable in the circumstances to seek such acertificate.
A local housing authority may not entertain an application for an HMOgrant unless it is accompanied by a certificate that the applicant has orproposes to acquire an owner’s interest in the house in question andintends— or has already so licensed or let part of it.
to license the use of part of it as a residence as mentioned in paragraphs(a) to (c) of subsection (4) above, or
to let part of it as a residence as mentioned in those paragraphs,
A local housing authority may not entertain an application for a commonparts grant unless it is accompanied by a certificate signed by the applicantor, as the case may be, by each of the applicants which—
specifies the interest of the applicant or, as the case may be, each ofthe applicants in the building or in each flat in the building; and
certifies that the required proportion, within the meaning of section 105above, of the flats in the building is occupied by occupying tenants.
In each of the cases in subsection (2) below, the local housing authoritymay not approve an application for a grant unless—
it is an application which they are required to approve by virtue ofsection 112 below and completion of the relevant works is necessary to complywith a notice under section 189 of the Housing Act 1985 (repair notice requiring works to render premises fit for human habitation);or
it is an application which they are required to approve by virtue ofsection 113 below.
The cases referred to in subsection (1) above are as follows—
if, in the case of an application in respect of a dwelling or house whichis not fit for human habitation, the local housing authority consider that thecarrying out of the relevant works will not be sufficient to cause thedwelling or house to be fit for human habitation;
if or to the extent that the relevant works have been completed before thedate of service of the notice of refusal under section 116(1) below;
if, within the period of three months beginning on the date of service ofthe notice of refusal, the authority intend to make a closing or demolitionorder relating to the dwelling, house or building under section 264 or section265 of the Housing Act 1985;
if, within the period of twelve months beginning on the date of serviceof the notice of refusal, the authority intend to declare a clearance areaunder section 289 of the Housing Act 1985 for an area which includes thedwelling, house or building;
if the dwelling, house or building is or forms part of a building of aclass designated under section 528 or section 559 of the Housing Act 1985(defective dwellings), the applicant is eligible for assistance under Part XVIof that Act in respect of a defective dwelling which is or forms part of thedwelling, house or building concerned and the relevant works are, within themeaning of that Part, work required to re-instate that defective dwelling; and
if, in the case of an application for a common parts grant, the localhousing authority consider that the carrying out of the relevant works willnot be sufficient to cause the building to meet the requirements mentioned inparagraphs (a) to (e) of section 604(2) of the Housing Act 1985.
Where a group repair scheme has been approved by the Secretary of State,a local housing authority may not approve an application for a grant in so faras it relates to works which will be carried out in pursuance of agreementsentered into, or to be entered into, in pursuance of the scheme.
A local housing authority may not approve an application for a grant sofar as it relates to works which are of a description excluded from grant aidby directions made by the Secretary of State.
Unless it is an application which they are required to approve by virtueof section 113 below, a local housing authority may not approve an applicationfor an HMO grant so far as it relates to works—
which relate to means of escape from fire or other fire precautions; and
which are required to be carried out under or by virtue of any enactment(whenever passed).
If directions made by the Secretary of State under subsection (4) abovespecify a description of works for which grant aid is not to be availablewithout his consent, a local housing authority may not approve an applicationfor a grant, so far as it relates to works of that description, unless theSecretary of State has given his consent with respect to those works.
Directions under subsection (4) above may be made with respect to localhousing authorities generally or to a particular local housing authority.
The Secretary of State may give his consent for the purposes of subsection(6) above—
with respect to local housing authorities generally or to a particularlocal housing authority; or
with respect to applications generally or to a particular description ofapplications.
Subject to subsections (2) and (3) below, a local housing authority maynot approve an application for a grant if the relevant works have beencommenced before the application is approved and shall serve a notice ofrefusal to that effect on the applicant.
Subsection (1) above does not apply to—
an application which the local housing authority are required to approveby virtue of section 112 below if completion of the relevant works isnecessary to comply with a notice under section 189 of the Housing Act 1985(repair notice requiring works to render premises fit for human habitation);or
an application which the local housing authority are required to approveby virtue of section 113 below.
Where the relevant works have not been completed, the authority concernedmay approve the application for a grant if they are satisfied that there weregood reasons for beginning the works before the application was approved.
Where an authority decide to approve an application in accordance withsubsection (3) above—
they may, with the consent of the applicant, treat the application asvaried so that the relevant works are limited to those that remain to becompleted at the date of the application; and
in determining for the purposes of sections 112, 114 and 115 below thephysical condition of the dwelling, common parts or house or other buildingconcerned, they shall consider the condition of the premises at the date ofthe application.
Where an application for a grant is accompanied by an owner-occupationcertificate, a tenant’s certificate or a special certificate, then, if thefinancial resources of the applicant exceed the applicable amount, the amountof any grant which may be paid shall be reduced from what it would otherwisehave been in accordance with regulations made by the Secretary of State withthe consent of the Treasury.
For the purposes of this Part, the Secretary of State may by regulationsmade with the consent of the Treasury—
make provision for the determination of the amount which is to be takento be the financial resources of an applicant for a grant; and
make provision for the determination of the applicable amount referred toin subsection (1) above.
Without prejudice to the generality of subsection (2) above, regulationsunder this section—
may make provision for account to be taken of the income, assets, needsand outgoings not only of the applicant himself but also of his spouse, anyperson living with him or intending to live with him and any person on whomhe is dependent or who is dependent on him;
may make provision for amounts specified in or determined under theregulations to be taken into account for particular purposes.
Subject to section 126 below, this section applies—
where an application for a grant is accompanied by a certificate ofintended letting with respect to a dwelling and is not a tenant’s application;and
where an application for an HMO grant is accompanied by a certificateunder section 106(7) above; and
where, by virtue of section 136 below, sections 104 and 106 above do notapply to an application for a grant; and
where an application for a grant is a landlord’s common parts application.
Subject to the following provisions of this section and to section 116(5)below, the amount of the grant (if any) shall be such as may be determined bythe local housing authority, having regard to—
the cost of the relevant works;
if the dwelling is currently let or subject to a statutory tenancy, theamount of the rent payable and of any increase which might reasonably beexpected in that rent to take account of the relevant works, when completed;
if paragraph (b) above does not apply, the amount of the rent which mightreasonably be expected to be obtained on a letting of the dwelling on the openmarket under an assured tenancy (assuming that no premium is paid); and
such other matters as the Secretary of State may direct.
In considering the matters in paragraphs (b) and (c) of subsection (2)above, the local housing authority may seek and act upon the advice of rentofficers; and, for this purpose, in section 121 of the Housing Act 1988 (additional functions of rent officers) at the endof subsection (1) there shall be added the words “and applications to whichsection 110 of the Local Government and Housing Act 1989 applies".
Where the applicant is a charity or the application is in respect of glebeland, the local housing authority shall also have regard—
to any obligation or practice on the part of the applicant to letdwellings at a rent less than that which could be obtained on the open market;
to any financial resources available to the applicant in addition to therent from the dwelling; and
generally to the circumstances of the applicant concerned.
In the case of an application for an HMO grant, in subsections (2) and (4)above, any reference to rent shall be construed as a reference to theaggregate of the consideration under licences or lettings of the house inquestion and any reference to letting a dwelling shall be construedaccordingly.
Where the application is for a grant in respect of the residence house ofan ecclesiastical benefice, paragraphs (b) and (c) of subsection (2) aboveshall not apply and the local housing authority shall also have regard—
to any financial resources available to the applicant; and
generally to the circumstances of the applicant.
In a case where the application is a landlord’s common parts application,each of the dwellings in the building concerned shall be taken into accountunder paragraph (b) or paragraph (c) of subsection (2) above so as todetermine an aggregate rent for the purposes of that subsection.
This section applies where an application for a grant is a tenants’ commonparts application.
The local housing authority shall decide how much of the cost of therelevant works is attributable to the applicants (in this section referred toas “the attributable cost”); and, for the purposes of thissection, the attributable cost is an amount equal to the proportion, referredto in subsection (3) below, of the cost of the relevant works.
The proportion mentioned in subsection (2) above is as follows— and in any case where the interest by virtue of which the liabilityreferred to in paragraph (b) above arises is held jointly by two or morepersons, those persons shall be regarded as a single person in deciding forthe purposes of that paragraph the number of persons so liable.
where it can be ascertained, the proportion that the aggregate of each ofthe applicant’s respective liabilities to carry out or contribute to thecarrying out of the relevant works bears to the aggregate of all suchliabilities on the part of all persons (including the applicants) so liable;or
where the proportion mentioned in paragraph (a) above cannot beascertained, the proportion that the number of applicants bears to the numberof persons (including the applicants) liable to carry out or contribute to thecarrying out of works to the building;
The local housing authority shall then apportion the attributable cost toeach of the applicants—
in a case where the attributable cost is calculated by reference to theproportion mentioned in paragraph (a) of subsection (3) above, according tothe proportion that his liabilities to carry out or contribute to the carryingout of the relevant works bears to the aggregate of the applicants’liabilities mentioned in that paragraph; or
in a case where the attributable cost is calculated by reference to theproportion mentioned in paragraph (b) of that subsection, equally;and the amount of grant payable shall be the aggregate of the grants thatwould be payable to each of the applicants under section 109 above or, in thecase of a participating landlord, section 110 above if each of the applicantswas an individual applicant under section 109 above or, as the case may be,section 110 above in respect of his apportionment of the attributable costunder paragraph (a) or, as the case may be, paragraph (b) above.
Subject to the preceding provisions of this Part, on receipt of anapplication for a renovation grant (other than an application in respect ofworks required for the provision of one or more dwellings by the conversionof a house or other building), the local housing authority shall determine,with respect to the dwelling, whether the dwelling is fit for humanhabitation.
In any case where the local housing authority— then, subject to subsections (4) and (5) below, they shall approve theapplication so far as it relates to that dwelling.
determine under subsection (1) above that a dwelling is not fit for humanhabitation, and
consider that completion of the relevant works will cause the dwelling tobe fit for human habitation, and
are satisfied that completion of the relevant works is the mostsatisfactory course of action,
If, in the case of any application, the local housing authority considerthat the relevant works include works for which assistance is available underPart XVI of the Housing Act 1985 (assistance for ownersof defective housing), they shall treat the application as if the relevantworks did not include those works.
If, in the case of any application, other than one to which section 113or section 115(6) below applies, the local housing authority consider thatthe relevant works include works in addition to those which will cause thedwelling to be fit for human habitation (“the additional works"), theyshall treat the application— but, for the purposes of section 116 below and the subsequent provisionsof this Part, the two applications shall be treated as one application.
as an application under this section in so far as it relates to worksother than the additional works; and
as an application under section 115 below in so far as it relates to theadditional works;
A local housing authority shall not be under a duty under this section toapprove an application—
which is accompanied by a certificate of intended letting and is not atenant’s application; or
if they expect, within the period of twelve months beginning with the dateof receipt of the application, to prepare a group repair scheme in respect ofa building which includes or comprises the dwelling.
Section 604 of the Housing Act 1985 (fitness for humanhabitation) applies for the purposes of this Part, as it applies for thepurposes of that Act.
In deciding whether they are satisfied as mentioned in subsection (2)(c)above, the local housing authority shall have regard to any guidance givenunder section 604A of the Housing Act 1985 and, for that purpose, theauthority shall treat any guidance given in respect of the serving of a repairnotice under section 189(1) of that Act as guidance given in respect of thecompletion of the relevant works.
Subject to section 112(3) above and subsection (3) below, a local housingauthority shall approve an application falling within section 110(1) above (inthis section referred to as a “landlord’s application") if completion ofthe relevant works is necessary to comply with a notice or notices under oneor more of the following provisions—
section 189 of the Housing Act 1985 (repair notice requiring works torender premises fit for human habitation);
section 190 of that Act (repair notice in respect of premises in state ofdisrepair but not unfit); and
section 352 of that Act (notice requiring works to render premises fit fornumber of occupants).
Subject to section 112(3) above and subsection (3) below, a local housingauthority shall approve an application for a grant which is accompanied by anowner-occupation certificate (in this section referred to as an “owner-occupier’s application") if completion of the relevant works isnecessary to comply with a notice under section 190 of the Housing Act 1985.
If, in the case of a landlord’s application or an owner-occupier’sapplication, the local housing authority consider that the relevant worksinclude works (“the additional works") in addition to those necessary tocomply with a notice under section 189, section 190 or section 352 of theHousing Act 1985, they shall treat the application—
as an application to which this section applies in so far as it relatesto works other than the additional works; and
as an application to which section 115 below applies in so far as itrelates to the additional works.
A local housing authority shall not approve an application for a disabledfacilities grant unless they are satisfied— and, in considering the matters specified in paragraph (a) above, alocal housing authority in Englandshall consult the welfare authority.
that the relevant works are necessary and appropriate to meet the needsof the disabled occupant; and
that it is reasonable and practicable to carry out the relevant works,having regard to the age and condition of the dwelling or building;
A local housing authority shall not approve an application for a disabledfacilities grant in respect of works to the common parts of a buildingcontaining one or more flats unless they are satisfied that the applicant hasa power or is under a duty to carry out the relevant works.
Subject to the preceding provisions of this Part, a local housingauthority shall approve an application for a disabled facilities grant if therelevant works are for any one or more of the following purposes—
facilitating access by the disabled occupant to and from the dwelling orthe building in which the dwelling or, as the case may be, flat is situated;
facilitating access by the disabled occupant to a room used or usable asthe principal family room;
facilitating access by the disabled occupant to, or providing for thedisabled occupant, a room used or usable for sleeping;
facilitating access by the disabled occupant to, or providing for thedisabled occupant, a room in which there is a lavatory, bath, shower orwashhand basin or facilitating the use by the disabled occupant of such afacility;
facilitating the preparation and cooking of food by the disabled occupant;
improving any heating system in the dwelling to meet the needs of thedisabled occupant or, if there is no existing heating system in the dwellingor any such system is unsuitable for use by the disabled occupant, providinga heating system suitable to meet his needs;
facilitating the use by the disabled occupant of a source of power, lightor heat by altering the position of one or more means of access to or controlof that source or by providing additional means of control; and
facilitating access and movement by the disabled occupant around thedwelling in order to enable him to care for a person who is normally residentin the dwelling and is in need of such care.
Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a disabled facilities grant where therelevant works do not fall within subsection (3) above but are for the purposeof making the dwelling or building suitable for the accommodation, welfare oremployment of the disabled occupant.
In this section “the disabled occupant” means the disabled person for whosebenefit it is proposed to carry out any of the relevant works.
In this Part “disabled person” means—
a person who is registered in pursuance of arrangements made under section29(1) of the National Assistance Act 1948 (handicappedpersons’ welfare); . . .
any other person for whose welfare arrangements have been made under thatprovision or, in the opinion of the welfare authority, might be made under it. or
a person to whom section 17(11) of the Children Act 1989 (disabled children) applies.
For the purposes of this section, “welfare authority” means the council which is the localauthority for the purposes of the Local Authority SocialServices Act 1970 for the area in which the dwelling is situated.
Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a grant, other than a common partsgrant, in any case where—
the relevant works go beyond or are other than those which will cause thedwelling to be fit for human habitation, but
the authority are satisfied that the relevant works are necessary for oneor more of the purposes set out in subsection (3) below.
Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a common parts grant if the authorityare satisfied that the relevant works—
are necessary for one or more of the purposes set out in paragraphs (a)and (c) to (g) of subsection (3) below; or
will cause the building to meet the requirements mentioned in paragraphs(a) to (e) of section 604(2) of the Housing Act 1985.
The purposes referred to in subsection (1) above are—
to put the dwelling or building in reasonable repair;
to provide the dwelling by the conversion of a house or other building;
to provide adequate thermal insulation;
to provide adequate facilities for space heating;
to provide satisfactory internal arrangements;
to ensure that the dwelling or building complies with such requirementswith respect to construction or physical condition as may for the time beingbe specified by the Secretary of State for the purposes of this section; and
to ensure that there is compliance with such requirements with respect tothe provision or condition of services and amenities to or within the dwellingor building as may for the time being be so specified.
In the case of an application for an HMO grant, any reference insubsections (1) and (3) above to the dwelling shall be construed as areference to the house.
In considering whether to approve an application for a grant in exerciseof their discretion under subsection (1) or subsection (2) above, the localhousing authority shall have regard to the expected life of the building(taking account, where appropriate, of the effect of carrying out the relevantworks).
Subject to the preceding provisions of this Part, a local housingauthority may approve an application falling within section 110(1) above (inthis section referred to as a “landlord’s application") if— and (in either case) the authority are satisfied that the relevant worksare necessary for the purpose concerned.
the relevant works are for the purpose of rendering the dwelling or houseto which the application relates fit for human habitation, or
in the case of an application for an HMO grant, the relevant works are forthe purpose of enabling the house in question to meet one or more of therequirements in subsection (1A) of section 352 of the Housing Act 1985,
If in the opinion of the local housing authority the relevant works aremore or less extensive than is necessary to achieve the result referred to inparagraph (b) of subsection (2) above or any of the purposes set out insubsection (3) above or, as the case may be, the purpose falling withinsubsection (6) above, the authority may, with the consent of the applicant,treat the application as varied so that the relevant works are limited to or,as the case may be, include such works as seem to the authority to benecessary for that purpose.
In determining what is “reasonable repair”, in relation to a dwelling or buildingfor the purposes of subsection (3)(a) above, a local housing authority—
shall have regard to the age and character of the dwelling or building andthe locality in which it is situated; and
shall disregard the state of internal decorative repair.
In the exercise of the powers conferred by paragraphs (f) and (g) ofsubsection (3) above, the Secretary of State—
may specify requirements generally or for particular cases; and
may specify different requirements for different areas.
A local housing authority shall, by notice in writing, notify an applicantfor a grant as soon as reasonably practicable, and, in any event, not laterthan six months after the date of the application concerned, whether theapplication is approved or refused.
Where an authority decide to approve an application for a grant, theyshall determine— and shall specify in the notice under subsection (1) above the eligibleworks, the total of the amounts referred to in paragraphs (b) and (c) above(in this Part referred to as “the estimated expense”) and the amount of the grant.
which of the relevant works, taking into account any variation of theapplication under section 108(4)(a) or section 115(7) above, are eligible forgrant (in this Part referred to as “the eligible works”);
the amount of the expenses which in their opinion are properly to beincurred in the execution of the eligible works;
the amount of the costs which in their opinion have been or are to beproperly incurred with respect to preliminary or ancillary services andcharges; and
the amount of grant they have decided to pay in respect of the eligibleworks, taking into account paragraphs (b) and (c) above, subsection (5) belowand such of sections 109 to 115 above as may be applicable;
Where an application for a grant is approved, then, except— the local housing authority may not impose any condition in relation tothe approval or making of the grant, whether purporting to operate by way ofa condition of the grant, a personal covenant or otherwise; and the consentof the Secretary of State under paragraph (a) above may be given eithergenerally or in relation to any one or more specified authorities.
with the consent of the Secretary of State, or
as provided by section 118(1) below,
If, after an application for a grant has been approved, the authority aresatisfied that, owing to circumstances beyond the control of the applicant,— the authority may re-determine the estimated expense and, subject tosubsection (5) below, the amount of the grant.
the eligible works cannot be, or could not have been, carried out on thebasis of the amount of expenses referred to in subsection (2)(b) above, or
the eligible works cannot be, or could not have been, carried out withoutcarrying out additional works which could not have been reasonably foreseenat the time the application was made,
The Secretary of State may, if he thinks fit, by order prescribe a maximumamount, or a formula for calculating a maximum amount, of grant which a localhousing authority may pay in respect of an application for a grant; and anauthority may not pay any grant in excess of that amount.
Where the local housing authority have approved an application for agrant, they shall pay the grant, subject to subsection (3) below and tosections 133 and 134 below.
The grant may be paid—
in whole after the completion of the eligible works, or
in part by instalments as the works progress and the balance aftercompletion of the works.
The payment of a grant, or part of a grant, is conditional upon—
the eligible works or the corresponding part of the works being executedto the satisfaction of the authority; and
the authority being provided with an acceptable invoice, demand or receiptfor payment for the works and any preliminary or ancillary services andcharges in respect of which the grant or part of the grant is to be paid.
For the purposes of subsection (3) above an invoice, demand or receipt isacceptable if it satisfies the authority and is not given by the applicant ora member of his family.
Where a grant is paid by instalments, the aggregate of the instalmentspaid before the completion of the eligible works shall not at any time exceednine-tenths of the amount of the grant.
In approving an application for a grant, a local housing authority mayrequire as a condition of the grant that the eligible works are carried outin accordance with such specification as they determine.
Subject to subsection (3) below, it is a condition of the grant that theeligible works are carried out within twelve months from the date of approvalof the application concerned.
The authority may, if they think fit, extend the period of twelve monthsreferred to in subsection (2) above and may, in particular, do so where theyare satisfied that the eligible works cannot be, or could not have been,carried out without carrying out other works which could not have beenreasonably foreseen at the time the application was made.
This section applies where an application for a renovation grant or adisabled facilities grant, other than an application for a disabled facilitiesgrant in respect of works to the common parts of a building containing flats,has been approved by a local housing authority and the application for thegrant was accompanied by a certificate of intended letting.
It is a condition of the grant that throughout the initial period— disregarding any part of that period in which neither of the aboveparagraphs applies but the dwelling is occupied by a person who is a protectedoccupier under the Rent (Agriculture) Act 1976 or isoccupied under an assured agricultural occupancy, within the meaning of PartI of the Housing Act 1988.
the dwelling will be let or available for letting as a residence, and notfor a holiday, on a tenancy which is not a long tenancy by the owner for thetime being of the dwelling to a person who is not connected with him, or
the dwelling will be occupied or available for occupation by a member ofthe agricultural population in pursuance of a contract of service andotherwise than as a tenant,
For the purposes of subsection (2) above, a person is connected with theowner for the time being of a dwelling if,—
in a case where personal representatives or trustees are the owner, he isa person who under the will or intestacy or, as the case may be, under theterms of the trust concerned is beneficially entitled to an interest in thedwelling or to the proceeds of sale of the dwelling; and
in any other case, he is a member of the family of the owner.
It is also a condition of the grant—
that if, at any time within the initial period, the local housingauthority by whom the grant was paid serve notice on the owner of the dwellingrequiring him to do so, he will, within the period of twenty-one daysbeginning on the date on which the notice was served, furnish to the authoritya statement showing how the condition in subsection (2) above is beingfulfilled; and
that, if required to do so by the owner of the dwelling, any tenant of thedwelling will furnish the owner with such information as he may reasonablyrequire to enable him to comply with a notice served under paragraph (a)above.
A condition under subsection (2) or subsection (4) above is a local landcharge and shall, subject to subsection (9) and section 125 below, remain inforce with respect to the dwelling for a period of five years from thecertified date.
So long as a condition under subsection (2) or subsection (4) aboveremains in force with respect to a dwelling—
it is binding on any person, other than a local housing authority or registered social landlord, who is for the time being the owner of thedwelling; and
it is enforceable against all other persons having an interest in thedwelling as if it were a condition of the terms of every tenancy of, or ofproperty including, the dwelling.
In the event of a breach of a condition under subsection (2) or subsection(4) above, the local housing authority may demand that the owner for the timebeing of the dwelling pay a sum equal to the amount of the grant less so much(if any) of it as has already been repaid under section 120 below, togetherwith compound interest on that sum as from the certified date, calculated atsuch reasonable rate as the local housing authority may determine and withyearly rests.
The local housing authority may determine not to make such a demand or maydemand a lesser amount.
On satisfaction of the liability arising from a demand under this section,the conditions under subsections (2) and (4) above and subsection (2) ofsection 120 below shall cease to be in force with respect to the dwelling inquestion.
This section applies where an application for a renovation grant (otherthan a tenant’s application) has been approved by a local housing authorityand the application for the grant was accompanied by a certificate of intended letting.
It is a condition of the grant that—
where an owner makes a relevant disposal (other than an exempt disposal)of the dwelling with vacant possession within the initial period, he shall payto the local housing authority on demand the amount of the grant; and
where an owner makes such a disposal otherwise than with vacant possessionwithin the initial period, he shall pay to the authority on demand the amountof the grant, reduced by one-fifth for each complete year which has elapsedafter the certified date and before the disposal.
A condition under subsection (2) above is a local land charge and shall,subject to subsection (5) and section 125 below, remain in force with respectto the dwelling for a period of five years from the certified date.
So long as a condition under subsection (2) above remains in force withrespect to a dwelling it is binding on any person who is for the time beingan owner of the dwelling.
On satisfaction of the liability arising from a demand under this section,any condition under subsection (2) above shall cease to be in force withrespect to the dwelling in question.
The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124below.
This section applies where an application for a renovation grant has beenapproved by a local housing authority and the application for the grant wasaccompanied by an owner-occupation certificate.
It is a condition of the grant that, where an owner makes a relevantdisposal (other than an exempt disposal) of the dwelling within the period ofthree years beginning on the certified date, he shall pay to the authority ondemand the amount of the grant, reduced by one-third for each complete yearwhich has elapsed after the certified date and before the disposal.
A condition under subsection (2) above is a local land charge and shall,subject to subsections (5) to (7) and section 125 below, remain in force withrespect to the dwelling for a period of three years from the certified date.
So long as a condition under subsection (2) above remains in force withrespect to a dwelling it is binding on any person who is for the time beingan owner of the dwelling.
In any case where— any condition under subsection (2) above shall cease to be in force withrespect to the dwelling.
there is a relevant disposal of the dwelling concerned which is an exemptdisposal; or
there is a relevant disposal of the dwelling concerned (not being anexempt disposal) for no consideration or for consideration of an amount lessthan that either prescribed, or calculated in accordance with a formulaprescribed, by regulations made by the Secretary of State;
On satisfaction of the liability arising from a demand under this section,any condition under subsection (2) above shall cease to be in force withrespect to the dwelling in question.
In any case where— the authority may determine not to make any demand under subsection (2)above and, on the making of such a determination, any condition under thatsubsection shall cease to be in force with respect to the dwelling.
within the period referred to in subsection (2) above an owner makes arelevant disposal of the dwelling concerned (not being an exempt disposal),and
the authority having the right to demand payment from the owner asmentioned in that subsection are satisfied that he is elderly or infirm andis making the disposal with the intention of going to live in shelteredhousing or a residential care home as his only or main residence,
The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124below.
This section applies where an application for an HMO grant has beenapproved by a local housing authority; and in the following provisions of thissection “the house” means the house to which the eligible worksrelate.
It is a condition of the grant that, throughout the initial period, thehouse will be residentially occupied or available for residential occupation,under tenancies or licences, by persons who are not connected with the ownerfor the time being of the house.
The references in subsection (2) above to residential occupation do notinclude occupation for a holiday; and subsection (3) of section 119 aboveapplies for the purposes of subsection (2) above, substituting a reference toa house for any reference to a dwelling.
It is also a condition of the grant—
that if, at any time within the initial period, the local housingauthority by whom the grant was paid serve notice on the owner of the houserequiring him to do so, he will, within the period of twenty-one daysbeginning on the date on which the notice was served, furnish to the authoritya statement showing how the condition in subsection (2) above is beingfulfilled; and
that, if required to do so by the owner of the house, any tenant orlicensee in residential occupation of the house will furnish the owner withsuch information as he may reasonably require to enable him to comply with anotice served under paragraph (a) above.
In any case where— the authority may demand that the owner for the time being of the housepay a sum equal to the amount of the grant, together with compound intereston that sum as from the certified date, calculated at such reasonable rate asthe authority may determine and with yearly rests: but the authority maydetermine not to make such a demand or may demand a lesser amount.
there is, with respect to the house, a breach of a condition undersubsection (2) or subsection (4) above, or
at any time within the initial period the local housing authority havegiven a direction under section 354 of the Housing Act 1985 (power to limitnumber of occupants of house) with respect to the house and that direction hasnot been revoked or varied under section 357 of that Act,
It is also a condition of the grant that, if an owner makes a relevantdisposal of the house (other than an exempt disposal) within the initialperiod, he shall pay to the local housing authority on demand the amount ofthe grant.
A condition under any of subsections (2), (4) and (6) above (in thefollowing provisions of this section referred to as “an HMO condition”) is a local land charge and, subject tosubsection (9) and section 125 below, shall remain in force with respect tothe house for a period of five years from the certified date.
So long as an HMO condition remains in force with respect to a house itis binding on any person, other than a local housing authority or registered social landlord, who is for the time being an owner of the house.
On satisfaction of the liability arising from a demand under subsection(5) or subsection (6) above, any HMO condition shall cease to be in force withrespect to the house.
The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124below.
This section applies where a landlord’s common parts application has beenapproved by a local housing authority.
It is a condition of the grant that where the applicant makes a relevantdisposal (other than an exempt disposal) of the building within the initialperiod, he shall pay to the local housing authority on demand the amount ofthe grant.
A condition under subsection (2) above is a local land charge and shall,subject to subsection (5) and section 125 below, remain in force with respectto the building for a period of five years from the certified date.
So long as a condition under subsection (2) above remains in force withrespect to a building it is binding on any person who is for the time beinga successor in title to that interest in the building by virtue of which,under section 105(2)(b) above, the applicant made his application.
On satisfaction of the liability arising from a demand under this section,any condition under subsection (2) above shall cease to be in force withrespect to the building in question.
The expressions “relevant disposal” and “exempt disposal” have the meanings assigned by section 124below.
A disposal, whether of the whole or part of the dwelling, is a relevantdisposal for the purposes of sections 120 to 123 above if it is—
a conveyance of the freehold or an assignment of the lease, or
the grant of a lease (other than a mortgage term) for a term of more than21 years otherwise than at a rack rent.
For the purposes of subsection (1)(b) above it shall be assumed—
that any option to renew or extend a lease or sub-lease, whether or notforming part of a series of options, is exercised, and
that any option to terminate a lease or sub-lease is not exercised.
A disposal is an exempt disposal for the purposes of sections 120 to 123above if it is—
a disposal of the whole of the dwelling and a conveyance of the freeholdor an assignment of the lease and the person or each of the persons to whomit is made is a qualifying person as defined in subsection (4) below;
a vesting of the whole of the dwelling in a person taking under a will oron an intestacy;
a disposal of the whole of the dwelling in pursuance of any such order as is mentioned in subsection (4A) below;
a compulsory disposal as defined in section 161 of the Housing Act 1985 (meaning of compulsory disposal);
a disposal of property consisting of land included in the dwelling byvirtue of section 184 of that Act (land let with or used for the purposes ofthe dwelling-house); or
a disposal under which the interest of a person entitled to assistance byway of repurchase under Part XVI of that Act (assistance for owners ofdefective housing) is acquired in accordance with Schedule 20 to that Act.
A person is a qualifying person for the purposes of subsection (3)(a)above if— and, for the purposes of paragraph (b) above, section 416 of the Income and Corporation Taxes Act 1988 (meaning of associatedcompany) shall apply in determining whether a company is an associated companyof another.
in the case of an individual, he is—
the person, or one of the persons, by whom the disposal is made;
the spouse, or former spouse, of that person or one of those persons; or
a member of the family of that person or one of those persons; or
in the case of a company, it is an associated company of the company bywhom the disposal is made;
For the purposes of sections 120 to 123 above, the grant of an optionenabling a person to call for a relevant disposal which is not an exemptdisposal shall be treated as such a disposal made to him.
The orders referred to in subsection (3)(c) above are orders under—
section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), or
paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);
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.
If at any time while a grant condition remains in force with respect toa dwelling, house or building.— the grant condition and any other grant conditions shall cease to be inforce with respect to that dwelling, house or building.
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
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,
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.
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.
The purposes authorised for the application of capital money by— include the making of payments under subsection (2) above.
section 73 of the Settled Land Act 1925,
that section as applied by section 28 of the Law ofProperty Act 1925 in relation to trusts for sale, and
section 26 of the Universities and College Estates Act1925,
Subject to subsection (2) below, no application for a renovation grant maybe made in respect of more than one dwelling.
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.
In the case of such a single application as is referred to in subsection(2) above—
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;
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;
each dwelling shall be treated separately for the purposes of sections 119to 125 above; and
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.
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".
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.
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—
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;
a development corporation or the Commission for the New Towns;
the Development Board for Rural Wales;
a housing action trust; or
a registered social landlord.
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.
The conditions referred to in subsection (3) above are—
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
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
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.
Paragraph (b) of subsection (5) above does not apply if—
the person concerned is a charity or the trustee of a charity; or
the dwelling is the residence house of an ecclesiastical benefice.
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.
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.
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.
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—
the building was constructed so as to comprise at least one house and iscontiguous or adjacent to the primary building; and
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
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.
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.
For the purposes of this section—
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
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.
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.
For the purposes of this Part, the exterior of a building means— 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.
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
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;
In this section—
“house” means a dwelling which is not a flat (and,accordingly, does not include a house constructed as a house in multipleoccupation); and
a “purpose-built flat” means a part of a building which, at thedate of the construction of the building, was constructed as a flat.
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.
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.
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.
In the case of a person who participates in a scheme as an unassistedparticipant, the rate of contribution shall be 100 per cent.
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— and in this subsection “house” includes a house in multiple occupation.
25 per cent. in a case where the qualifying building is in a renewal area;and
50 per cent. in any other case;
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.
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— 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.
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
to any guidance given by the Secretary of State for the purposes of thissection;
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.
Subsection (7) above does not apply—
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
to works which—
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
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.
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”.
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.
Subject to subsection (4) below, in the case of any assisted participant,the outstanding balance referred to in subsection (2) above is the differencebetween—
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
the amount of the contribution in respect of that cost paid by him byvirtue of section 129 above.
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.
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.
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.
In subsections (3) to (5) above “house” shall be construed in accordance with section 129(2)above.
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—
for the provision or improvement of thermal insulation in a dwelling;
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;
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
for any other purpose specified by order made by the Secretary of State.
Assistance under this section may be in the form of a grant or theprovision of materials but—
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;
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
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.
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—
the manner in which an application for assistance is to be made and thecontent of such an application;
the descriptions of dwellings and works in respect of which assistance maybe given;
the descriptions of persons to whom assistance may be given;
the procedure for dealing with applications under subsection (1) above andfor ensuring that works are carried out to any standard specified in theregulations; and
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.
The Secretary of State may pay contributions to local housing authoritiestowards such expenditure incurred by them under this Part as he may determine.
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.
A determination under subsection (1) or subsection (2) above may bemade— and may make different provision in relation to different cases ordescriptions of case.
generally, or
with respect to a particular local housing authority or description ofauthority, including a description framed by reference to authorities in aparticular area,
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.
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— for subsection (2) there shall be substituted the followingsubsection—
an application under section 461 of that Act has been approved by thelocal housing authority after 14th June 1989, and
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,
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.
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— 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.
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
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,
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,—
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
if he ceases to be a tenant of the dwelling, or
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
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.
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—
if he ceases to have a duty or power to carry out the relevant works; or
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.
Where an application for a grant has been approved by the local housingauthority, subsection (2) below applies in any case where—
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
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
the authority ascertain that without their knowledge the eligible workswere started before the application was approved and the application wasneither—
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
one which they were required to approve by virtue of section 113 above.
Where this subsection applies, the authority may— 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.
refuse to pay the grant or any further instalment of grant which remainsto be paid; or
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;
A local housing authority may by agreement with a person having therequisite interest execute at his expense—
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
any further works which it is in their opinion necessary or desirable toexecute together with the works mentioned in paragraph (a) above.
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.
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—
has a power or duty to carry out the relevant works; and
has such an interest in the building or in a flat in the building as isreferred to in subsection (4) of section 105 above.
Sections 104 and 106 above do not apply to—
an application for a grant in respect of glebe land or the residence houseof an ecclesiastical benefice; and
an application for a grant made by a charity or on behalf of a charity bythe charity trustees of the charity.
Orders under this Part—
may make different provision with respect to different cases ordescriptions of cases, including different provision for different areas; and
shall be made by statutory instrument which shall be subject to annulmentin pursuance of a resolution of either House of Parliament.
Orders and regulations under this Part may contain such incidental,supplemental or transitional provisions as the Secretary of State considersappropriate.
In this Part, except where the context otherwise requires,—
“chief executive” means the person appointed under section 54 of the Local Government and Elections (Wales) Act 2021 as the chief executive of a council of a county or county borough in Wales;
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
is not himself liable as lessee of the dwelling, or of property whichincludes the dwelling, to pay such a rent to a superior landlord;
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.
Schedule 5 to this Act (which amends the Local Government Finance Act 1988) shall have effect.
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For section 3 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (determination of non-domestic rates) there shall be substituted the following section—
Accordingly—
references (however expressed) in any enactment to the non-domestic rate determined by a local authority under section 3 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 shall be construed as references to the non-domestic rate prescribed for the local authority under section 3A of that Act;
in section 109(2) of the Local Government (Scotland) Act 1973 for the words from “non-domestic district rate” onward there shall be substituted the words “information as may reasonably be required for the preparation of demand notes for the purposes of levying the non-domestic district rate”;
section 110A(2) of the Local Government (Scotland) Act 1973 and section 128(2) of and paragraph 16 of Schedule 12 to the Local Government Finance Act 1988 shall cease to have effect.
For section 3A of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 there shall be substituted the following section—
Accordingly—
references (however expressed) in any enactment to the non-domestic rate determined by or prescribed in relation to a local authority under section 3 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 shall be construed as references to the non-domestic rate prescribed under section 3B of that Act;
in section 109 of the Local Government (Scotland) Act 1973 (rating authorities)—
for paragraphs (a) and (b) of subsection (1) there shall be substituted the following paragraph—; and
in subsection (2) for the words from “non-domestic district rate” onward there shall be substituted the words “information as may reasonably be required for the preparation of demand notes for the purposes of levying the non-domestic rate”.
For section 110 of the Local Government (Scotland) Act 1973 (payments by regional councils to district councils in respect of district rates) there shall be substituted the following section—
Section 111(1)(a), (b) and (d) of the Local Government (Scotland) Act 1973 (power to make regulations as to certain matters connected with non-domestic rates) shall cease to have effect.
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Schedule 6 to this Act (which amends the Abolition of Domestic Rates Etc. (Scotland) Act 1987 and other enactments) shall have effect.
The Secretary of State may, with the consent of the Treasury, pay a grant (in this section referred to as a “special grant”) in accordance with this section to a charging authority.
Before making any one or more special grants, the Secretary of State shall make a determination stating, with respect to the special grant or, as the case may be, each of the special grants,— and that determination shall be made with the consent of the Treasury and shall be specified in a report (to be called a special grant report) which shall contain such explanation as the Secretary of State considers desirable of the main features of the determination.
to which authority it is to be paid,
the purpose for which it is to be paid, and
the amount of the grant,
A special grant report shall be laid before the House of Commons and, as soon as is reasonably practicable after the report has been so laid, the Secretary of State shall send a copy of it to any charging authority to whom a special grant is proposed to be paid in accordance with the determination in the report.
No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the House of Commons.
A special grant report may specify conditions which the Secretary of State, with the consent of the Treasury, intends to impose on the payment of (or of any instalment of) any special grant to which the report relates; and the conditions may require the provision of returns or other information before a payment is made to the local authority concerned or relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid, or otherwise.
Without prejudice to compliance with any conditions imposed as mentioned in subsection (5) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Secretary of State may, with the consent of the Treasury, determine.
For the purposes of this section each of the following is a charging authority—
a district council;
a London borough council;
the Common Council of the City of London; and
the Council of the Isles of Scilly.
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This section applies for any year in relation to which, immediately before the passing of this Act, the obligation imposed on the Secretary of State by the paragraph 5 pooling provisions to ascertain the actual amount of the increases and decreases of block grant to be made for the year in accordance with those provisions had not yet arisen.
As soon as is reasonably practicable after the passing of this Act the Secretary of State shall ascertain, for a year for which this section applies, the amount of the increases and decreases of block grant which ought to be made in accordance with the paragraph 5 pooling provisions.
Subsection (4), subsection (5) or subsection (6) below (as the case may be) applies where, for the purpose of so ascertaining, the Secretary of State needs to find the amount of a local authority’s expenditure in relation to the year or the amount of any part of that expenditure.
Where the year begins in 1987 or before, he shall find the amount concerned by reference to—
figures which relate to the authority’s actual expenditure incurred for the year and which were received by him before the relevant date, or
if no such figures were received by him before that date, any other information in his possession on that date about the expenditure incurred by the authority for the year.
Where the year begins in 1988, he shall find the amount concerned by reference to any information in his possession on the relevant date about the expenditure incurred and likely to be incurred by the authority for the year.
Where the year begins in 1989, he shall find the amount concerned by reference to any information in his possession on the relevant date about the expenditure likely to be incurred by the authority for the year.
Where the year begins in 1988, and the amount concerned is the amount of the authority’s relevant education expenditure for the year, he shall find the amount by reference to— and subsection (5) above shall have effect subject to the preceding provisions of this subsection.
audited accounts which relate to that expenditure, which are in such form as the Secretary of State may specify and which were received by him before the second relevant date; or
if no such accounts were received by him before the second relevant date, any information in his possession on the relevant date about that expenditure;
In making payments of block grant after the passing of this Act, the Secretary of State shall adjust amounts paid so as to take account, so far as practicable, of increases and decreases ascertained under subsection (2) above.
As regards anything done after the passing of this Act for a year for which this section applies, the paragraph 5 pooling provisions shall have effect—
with the omission of paragraph 5(2) of Schedule 10 to the 1980 Act, and
with such other modifications as result from this section.
In this section—
For the purposes of this section an authority’s relevant education expenditure for the year beginning in 1988 is its expenditure which—
was incurred in the year, and
was incurred by way of payments falling within regulation 3(3)(d) or (e) of the Block Grant (Education Adjustments) (England) Regulations 1987.
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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— and this section shall have effect in place of section 119 of the Local Government Finance Act 1988.
providing that the reference shall instead be to some other factor (whether or not connected with rating); or
providing for the factor to be amended (whether by limiting its operation or in any other way);
Regulations under this section—
may make provision in such manner as the Secretary of State thinks fit (whether by amending provisions or otherwise);
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;
may provide for a factor expressed by reference to a combination of matters (whether expressed in terms of a formula or otherwise);
may provide for a factor which includes a method of adjustment (whether by reference to indexation or otherwise);
may make provision with respect to the resolution of disputes (whether by a court or otherwise); and
may contain such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.
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.
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.
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.
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.
The Secretary of State may make regulations providing that a charge may be imposed in respect of anything—
which is done by any relevant authority or by any relevant authority of a prescribed description,
which is prescribed or falls within a prescribed description,
in respect of which there is no power or duty to impose a charge apart from the regulations, and
which is not done in the course of exercising an excepted function.
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.
The regulations—
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);
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.
Where the regulations provide that a charge may not exceed a maximum amount they may—
provide for one amount, or a scale of amounts to cover different prescribed cases;
prescribe, as regards any amount, a sum or a method of calculating the amount.
The regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.
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.
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.
The Secretary of State may make regulations— 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.
repealing the provision concerned to the extent that it so provides,
amending the provision to that extent, or
repealing the provision to that extent and replacing it with new provisions;
For the purposes of subsection (1) above—
the charge may be expressed in terms of making a charge, paying a fee, or otherwise;
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).
A charge does not fall within subsection (1) above if—
it is one whose proceeds fall (or part of whose proceeds falls) to be paid into the Consolidated Fund; or
it is a charge amounting to local taxation.
it is one as respects which provision is made by section 49 of the Water (Scotland) Act 1980 (charges in respect of water supplied by meter).
Regulations under subsection (2) above may not require the imposition of a charge; and subsection (6) below shall have effect subject to this.
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.
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.
Where the regulations provide that a charge may not exceed a maximum amount they may—
provide for one amount, or a scale of amounts to cover different prescribed cases;
prescribe, as regards any amount, a sum or a method of calculating the amount.
The regulations—
may confer discretion as to the amount in a case where an existing provision confers none (or vice versa);
may, in a case where an existing provision confers a discretion as to the amount, confer a different one; and
may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.
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.
In this section “Act” includes a private or local Act.
For the purposes of sections 150 and 151 above the following are excepted functions—
functions relating to education in schools;
functions relating to the provision of a public library service;
functions relating to fire fighting, that is to say, the extinction of fire and the protection of life and property in case of fire;
functions relating to the registration of electors;
functions relating to the conduct of elections;
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For the purposes of those sections in their application to England and Wales, each of the following is a relevant authority—
a county council;
a district council;
a county borough council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
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;
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an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);
a fire and rescue authority created by an order under section 4A of that Act;
a joint authority established by Part IV of that Act (fire and rescue services and transport);
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;
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the Broads Authority; ...
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
a combined authority established under section 103 of that Act;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
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a National Park authority;
a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;
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;
the London Fire Commissioner.
For the purposes of those sections in their application to Scotland, each of the following is a relevant authority—
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
a district council,
an islands council,
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a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.
a water development board within the meaning of section 109(1) of the Water (Scotland) Act 1980.
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.
In those sections “prescribed” means prescribed by the regulations concerned.
Before exercising any power to make regulations under section 150 or section 151 above, the Secretary of State shall consult— as appear to him to be appropriate.
as respects England and Wales, such representatives of local government, and
as respects Scotland, such associations of local authorities,
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.
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—
Subsection (1) above does not apply in any case where, before this section comes into force, the payment of a charge has been agreed.
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—
After subsection (6) of that section there shall be inserted the following subsection—
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.
In any case where— 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.
an emergency or disaster occurs involving destruction of or danger to life or property, and
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,
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.
Expenditure incurred as mentioned in subsection (1) above by— 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).
the London Fire Commissioner,
the Mayor's Office for Policing and Crime, or
Transport for London, in respect of places or areas within Greater London,
Without prejudice to the generality of subsection (2) above, a scheme under this section may—
make the payment of grants conditional upon the making of claims of a description specified in the scheme;
make provision with respect to the expenditure qualifying for grant and the rates and amounts of grants;
make provision in certain specified circumstances for the repayment of any grant, in whole or in part; and
make different provision for different local authorities or descriptions of authority and for different areas.
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.
In the application of this section to England and Wales, any reference to a local authority is a reference to—
a county council;
a district council;
a county borough council;
a London borough council;
the Common Council of the City of London;
the Greater London Authority;
the Council of the Isles of Scilly;
the Receiver for the Metropolitan Police District; or
a joint authority established by Part IV of the Local Government Act 1985, other than an Integrated Transport Authority; ...
a police and crime commissioner;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
a fire and rescue authority created by an order under section 4A of that Act;
a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;
a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act) in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004;
a National Park authority; or
the Broads Authority.
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.
a regional council;
a district council;
an islands council; or
a joint board or joint committee within the meaning of the Local Government (Scotland) Act 1973.
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.
This section shall come into force on 1st April 1990.
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—
In subsection (3) of that section—
for the words from the beginning to “authorise” there shall be substituted “ Nothing in this section authorises ”; and
for the words “the power conferred by that subsection is” there shall be substituted “ the powers conferred by subsections (1) and (1A) above are ”.
At the end of the section there shall be added the following subsections—
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—
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
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.
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.
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.
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.
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.
In this section “local authority”, as respects England and Wales, means any of the following— 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.
a county council;
a district council;
a county borough council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
the Metropolitan Police Athority;
a police authority established under section 3 of the Police Act 1996;
a joint authority established by Part IV of the Local Government Act 1985; and
a residuary body established under Part VII of that Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009; ...
a combined authority established under section 103 of that Act;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
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,—
make a further payment to the authority concerned or to the Treasury; or
require the repayment or payment to him by that authority of such sum as he may direct.
Without prejudice to the operation of the preceding provisions of this section, with respect to—
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.
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.
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.
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—
Section 211 of the Local Government (Scotland) Act1973 (provision for default of local authority) shall be amended in accordance with this section.
After subsection (2) there shall be inserted the following subsections—
After subsection (3) there shall be inserted the following subsection—
For the purpose of enabling local authorities in Wales to be known solely by Welsh language names, the provisions of the Local Government Act 1972 specified in Schedule 8 to this Act shall be amended in accordance with that Schedule.
Any reference in the provisions amended by Schedule 8 to this Act to a specially convened meeting of a council is a reference to a meeting of which notice is given as required by Schedule 12 to the Local Government Act 1972 but with the substitution for the words “three clear days” in paragraph 4(2) of that Schedule (principal councils) or, as the case may be, paragraph 26(2) (community councils) of “fourteen clear days”.
At the end of section 9 of the Housing Act 1985 (provision of housing accommodation) there shall be added the following subsection—
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—
In section 24 of the Housing Act 1985 (rents), there shall be added at the end the following subsections—
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.
At the end of subsection (1) there shall be added the words “ or to anassured tenant who satisfies the conditions in subsection (2A) ”.
After subsection (2) there shall be inserted the followingsubsection—
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— “ assured tenancy »section 622 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy), for paragraph 11 (certain dwelling-houses for persons of pensionable age) there shall be substituted the following paragraph—
Subsection (1) above does not apply in any case where the tenant’s notice claiming to exercise the right to buy was served before the day on which this section comes into force.
For the purposes of subsection (2) above, no account shall be taken of any steps taken under section 177 of the Housing Act 1985 (amendment or withdrawal and re-service of notice to correct mistakes).
In the Housing Act 1985,—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IX (slum clearance) shall be amended in accordance with Part II of that Schedule;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part XVII (compulsory purchase and land compensation) shall be amended in accordance with Part IV of that Schedule; and
Part XVIII (miscellaneous and general) shall be amended in accordance with Part V of that Schedule.
Part VII of the Housing Act 1985 (improvement notices) shall cease to have effect.
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— but does not include functions under sections 308 to 311 of that Act (owner’s redevelopment or improvement).
the demolition, closing or purchase of unfit premises,
the demolition of obstructive buildings, and
clearance areas,
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.
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.
Any determination of the Secretary of State under subsection (4) or subsection (5) above—
shall be made with the consent of the Treasury;
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
may make different provision for different cases or descriptions of case.
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.
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.
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.
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.
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 ”.
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—
In section 561 of the 1985 Act and section 289 of the 1987 Act (Secretary of State’s control over designation, variation or revocation)—
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 ”;
after that subsection there shall be inserted the subsection specified insubsection (5) below; and
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 ”.
The subsection referred to in subsection (4)(b) above is as follows—
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—
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 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In accordance with the provisions of this section, every local housing authority shall, for each year, furnish to each person who at the end of that year is one of their housing revenue account tenants a report containing such information as may be determined by the Secretary of State relating to the functions of the authority as a local housing authority during that year (including functions which in that year were exercised by any other person as agent of the authority).
In this section “year” means a period of twelve months beginning on 1st April; and the report relating to any year shall be furnished as soon as practicable after the end of that year and, in any event, not later than six months after the end of that year.
In this section “housing revenue account tenant”, in relation to a local housing authority, means a person who, as tenant or licensee, occupies a house or other property within the authority’s Housing Revenue Account; and, in the case of joint tenants or joint licensees, it shall be a sufficient compliance with the obligation under subsection (1) above to furnish each housing revenue account tenant with a report that a single copy of it is furnished to the tenants or licensees jointly.
At the same time as they furnish a report under this section to their housing revenue account tenants, a local housing authority shall send a copy of the report to the Secretary of State.
The power to make a determination under subsection (1) above may be so exercised as to make different provision for different cases or descriptions of cases, including different provision for different areas, for different local housing authorities or for different descriptions of local housing authorities.
The reference in subsection (3) above to a house or other property within an authority’s Housing Revenue Account shall be construed in accordance with section 74(5) above.
In this section “tenant” has the same meaning as in the Housing Act 1985.
Before making a determination under this section, the Secretary of State shall consult such representatives of local government as appear to him to be appropriate.
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,—
in England and Wales, tenants or licensees of dwellings; and
in Scotland, tenants of houses.
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.
In this section—
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.
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.
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.
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—
works to cause the dwelling to be fit for human habitation,
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),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall be the duty of a relevant authority exercising any power conferred by subsection (1) above—
to consider whether or not to make a charge for exercising it; and
to take such measures as are reasonably available to them to secure contributions from other persons towards the cost of exercising it.
A relevant authority shall have power to give financial assistance in any form to— 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.
any housing association,
any charity, or
any body, or body of any description, approved by the Secretary of State,
It shall be the duty of a relevant authority—
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
in exercising any power conferred by subsection (4) above in relation to any association, charity or body—
to have regard to whether that association, charity or body has made or will make charges and their amount; and
to encourage the association, charity or body to take such measures as are reasonably available to them to secure contributions from other persons.
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.
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.
The person receiving assistance shall comply with the terms on which itis given and compliance may be enforced by the Secretary of State.
In this section—
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.
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.
“chief finance officer”, in relation to a relevant authority, means the officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, section 73 of the Local Government Act 1985, section 112 of the Local Government Finance Act 1988 , section 127(2) of the Greater London Authority Act 1999 , Schedule 1 to the Police Reform and Social Responsibility Act 2011 , section 4D(4) of the Fire and Rescue Services Act 2004 or section 6 below or for the purposes of section 95 of the Local Government (Scotland) Act 1973, for the administration of the authority’s financial affairs; and
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.
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.
It shall be the duty of a relevant authority exercising any power conferred by subsection (1) above—
to consider whether or not to make a charge for exercising it; and
to take such measures as are reasonably available to them to secure contributions from other persons towards the cost of exercising it.
A relevant authority shall have power to give financial assistance in any form to— 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.
any housing association,
any charity, or
any body, or body of any description, approved by the Secretary of State,
It shall be the duty of a relevant authority—
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
in exercising any power conferred by subsection (4) above in relation toany association, charity or body—
to have regard to whether that association, charity or body has made or will make charges and their amount; and
to encourage the association, charity or body to take such measures as are reasonably available to them to secure contributions from other persons.
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.
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.
The person receiving assistance shall comply with the terms on which itis given and compliance may be enforced by the Secretary of State.
In this section—
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— 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”.
as respects England and Wales, is contained in sections 445 to 450 of the Housing Act 1985, and
as respects Scotland, is contained in sections 222 to 227 of the Housing (Scotland) Act 1987,
Without prejudice to the generality of the power conferred by subsection (1) above, an order under that subsection—
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;
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
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.
The following powers, namely,— may be so exercised as to make provision for the purpose referred to in subsection (1) above.
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
any power to make an order under any provision of the assistance legislation,
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.
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.
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—
the district council or Welsh county council or county borough councilwithin whose area the dwelling is situated; or
a person approved for the purposes of, and in accordance with, the regulations by the Regulator of Social Housing . . ..
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.
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—
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;
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
that the terms on which the transfer is made—
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
include all such other terms as are prescribed.
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).
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.
Nothing in subsection (6) above shall— 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.
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;
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
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;
In this section—
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
except so far as may be prescribed, any associated property, rights, liabilities and obligations of that corporation;
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—
any interest of the corporation in any land occupied or set aside for occupation or use with the dwellings;
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;
any property and rights held by the corporation—
for the administration of an estate comprising the dwellings or any associated property;
for the maintenance or service of the dwellings or any associated property; or
otherwise in connection with any such property;
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;
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).
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— 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.
with the consent of the appropriate authority, which may be given either unconditionally or subject to conditions; or
by an exempt disposal, as defined in section 133(11) of the Housing Act 1988;
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— 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.
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
that passing or transfer does not constitute a disposal for which consent is required under this section,
Subsection (1) does not apply to a disposal of land by a private registered provider of social housing.
Where subsection (1) above applies—
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
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.
In this section “the appropriate authority” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to a disposal of land in England, the Secretary of State, and
in relation to a disposal of land in Wales, the Welsh Ministers.
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.
Before giving any consent required by virtue of this section, the appropriate authority—
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
shall have regard to the responses of any such tenants to that consultation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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.
Where the Chief Land Registrar approves an application for registration of— 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.
a disposition of registered land, or
a person’s title under a disposition of unregistered land,
In this section—
“dwelling” and “new town corporation” have the same meaning as in section 172 above;...
“secure tenancy” has the meaning assigned by section 79 of the Housing Act 1985 ; and
“secure contract” has the same meaning as in section 8 of the Renting Homes Wales Act 2016 (anaw 1).
Part IV of the Housing Act 1988 (change of landlord: secure tenants) shall be amended in accordance with this section.
At the end of section 99 (determination of purchase price) there shall be added the following subsections—
In section 103 (notice by applicant of intention to proceed), in subsection (4) at the end of paragraph (d) the word “and” shall be omitted and at the end of paragraph (e) there shall be added and.
In section 104 (duty to complete and consequences of completion) after subsection (2) there shall be inserted the following subsection—
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.
In section 61(10) of the Housing (Scotland) Act 1987 (definition of occupation of house for purposes of purchase by secure tenant)—
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
in paragraph (b) (rules for determining period of occupation) there shall be added at the end—and .
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.
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—
In section 76 of the Housing (Scotland) Act 1987 (duty of landlords toprovide information to secure tenants)—
in subsection (1)(a)—
for the word “not” there shall be substituted the word “ neither ”; and
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" ”;
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
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. ”
After section 84 of that Act there shall be inserted the following section—
In section 2 of the Housing (Scotland) Act 1988 (which, amongst other things, enables Scottish Homes to dispose of land)—
in subsection (2) (powers of Scottish Homes), after “(3)” there shall be inserted “ and (3A) ”;
in subsection (3)(b)—
after “above” there shall be inserted the words “ , other than the power under paragraph (h) to dispose of land, ”; and
for the word “with” where secondly occurring there shall be substituted the words “ between it and ”;
after subsection (3) there shall be inserted the following subsection—; and
subsection (6) (certain land not to be disposed of, without consent, for less than best price) shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)(c) of the said section 47 the words following “field of housing” shall be omitted; and
the word “rented”, where it occurs in subsections (1)(d) and (3A) of that section, shall be omitted.
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—
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—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (a) after the words “Minister of the Crown” there shall be inserted “or public authority”;
at the end of paragraph (c) there shall be inserted the words or; and
at the end there shall be added the words “and in paragraph (a) above “public authority” means a body established by or under the Treaties or by or under any enactment”.
In section 102 of the Local Government (Scotland) Act 1973 (reports to Commission for Local Authority Accounts by Controller ofAudit)—
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
after subsection (2) there shall be inserted the following subsection—
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.
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—
which is a long tenancy at a low rent, as defined in Schedule 10 to this Act; and
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.
In this section, “standard occupation contract” has the same meaning as in section 8 of the Renting Homes (Wales) Act 2016 (anaw 1).
If a tenancy— 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.
is in existence on 15th January 1999, and
does not fall within subsection (2) above, and
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,
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.
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.
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.
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—
make grants to any person who carries on any such activities;
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.
The activities mentioned in subsection (1) above are—
the assessment of, and of applications of, materials, products, systems and techniques used or proposed for use in the construction industry; and
the issue of certificates, promotion of common standards and publication of information with respect to any such materials, products, systems or techniques.
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.
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.
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—
payments, of such amounts as the Secretary of State may so direct, in or towards repayment of those sums; and
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.
As soon as possible after the end of any financial year in which— the Secretary of State shall lay before each House of Parliament a statement relating to the sums.
any sums are paid out in fulfilment of a guarantee given under this section, or
any liability in respect of the principal of sums so paid out, or in respect of interest on any such sums, is outstanding,
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.
Section 59 of the Justices of the Peace Act 1979 (grants by Secretary of State to responsible authorities) shall be amended in accordance with this section.
In subsection (1), in paragraph (a) the words “or this Part” shall be omitted and at the end of the subsection there shall be added and.
In subsection (3) after the word “section” there shall be inserted “towards the net cost to a responsible authority in any year of the matters mentioned in paragraphs (a) and (b) of subsection (1) above” and for the words from “the expenditure” onwards there shall be substituted “that net cost”.
After subsection (4) there shall be inserted the following subsection—
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).
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.
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.
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.
There shall be paid out of money provided by Parliament—
any sums required for the payment by the Secretary of State of grants, subsidies or contributions under this Act;
any sums required by the Secretary of State for fulfilling any guarantees under this Act;
any other expenses of the Secretary of State under this Act; and
any increase attributable to this Act in the sums so payable under anyother enactment.
Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
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.
Schedule 11 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
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.
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.
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.
This Act may be cited as the Local Government and Housing Act 1989.
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.
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.
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.
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—
the Military Lands Act 1892;
the Local Authorities (Expenditure Powers) Act 1983.
This Act does not extend to Northern Ireland.